Executive Summary: New York State Fiscal Year 2024-2025 Budget

Manatt, Phelps & Phillips, LLP

On January 16, New York Governor Kathy Hochul released her State Fiscal Year (SFY) 2024-25 Executive Budget, her third since assuming office in August 2021. Addresses by Governor Hochul and Budget Director Blake Washington provided further detail regarding the Governor’s fiscal and policy priorities, including her proposals set forth in the New York State of the State Address on January 9, 2024. Governor Hochul’s SFY 2024-25 Executive Budget includes a spending plan of $233 billion, which is $4 billion more than last year’s Enacted Budget.

The Executive Budget includes several notable proposals, including: addressing high crime areas such as retail theft, domestic violence and hate crimes; rebuilding the mental health system; making New York more affordable through increases to the state’s housing stock; controlling Medicaid spending; establishing statewide paid prenatal leave; providing $35.3 billion in school aid; establishing the Empire Artificial Intelligence Consortium; and supporting New York City’s response to the migrant crisis.

In this initial overview, you will find short descriptions of the “Article 7” legislative proposals in the SFY 2024-2025 Executive Budget. The Manatt team is currently reviewing the SFY 2024-2025 Executive Budget documents and will be issuing an in-depth budget analysis to you in the near future. 

Health and Mental Hygiene

Title Part Activity

Medicaid Global Cap Extension

A

This bill would make statutory changes necessary to extend the Medicaid Global Cap. The Medicaid Global Cap is a mechanism designed to place limits on Medicaid spending to maintain a disciplined Medicaid budget.

Extend various provisions of the Public Health and Social Services Laws

B

This bill extends various expiring laws to maintain Financial Plan savings by continuing certain previously enacted Medicaid and health savings initiatives authorized in the Public Health and Social Services laws.

Removal of the Temporary Allowance for School Psychologists to Render Early Intervention Services

C

This bill would remove the temporary exemption School Psychologists currently have that allows them to practice as Early Intervention (EI) providers but would extend their authorization to provide non-EI services for certain preschool programs.

Hospitals

D

This bill would set forth an additional 10% reduction to the hospital capital rate add-on, extend the Distressed Provider Assistance Program for three years, and update the upper payment limit (UPL) payment statute to align with the calendar year.

Nursing Home Program Reforms

E

This bill would freeze nursing home operating rates as they existed on January 1, 2024, and reduce the capital portion of nursing home rates by 10%. The bill would also amend the New York State residency requirements for a veteran seeking admission to a state-run Veterans Home, facilitating timelier admissions, and improving access to care.

Long-Term Care Facilities

F

This bill would freeze nursing home operating rates as they existed on January 1, 2024, and reduce the capital portion of nursing home rates by 10%. The bill would also amend the New York State residency requirements for a veteran seeking admission to a state-run Veterans Home, facilitating timelier admissions, and improving access to care.

Long Term Care Proposals

G

This bill would eliminate the requirement for wage parity for personal assistants in the Consumer Directed Personal Assistance Program (CDPAP).

Managed Care Proposals

H

This bill would make several programmatic changes to the State’s delivery of Medicaid benefits through managed care organizations. This bill would exclude Medicaid from the independent dispute resolution process, require the State to procure Medicaid managed care benefits from Medicaid Managed Care (MMC) plans, Managed Long Term Care (MLTC) plans, Medicaid Advantage Plus (MAP) plans, and Health and Recovery Plans (HARP) plans.
Additionally, this bill would eliminate the 1% across the board (ATB) administrative rate increase provided to Medicaid managed care organizations as a result of the FY 2022-23 Enacted Budget.

Lastly, this bill would authorize the Department of Health to impose liquidated damages for managed care organizations who fail to comply with the model contract.

Pharmacy Related Recommendations

I

This bill would make the statutory changes necessary to reduce coverage for clinically identified over-the-counter drugs, to discontinue prescriber prevails, and to streamline the Medicaid Drug Cap. This bill would also implement programmatic improvements to better manage physician administered drugs (PAD) and to enhance specialty pharmacy management.

Essential Plan Proposals

J

This bill would rename the Basic Health Program to “Essential Plan,” which is a more accurate description of the program which provides coverage for health care services for low- to moderate-income New Yorkers. It would also extend for one year the authority to provide long-term supports and services (LTSS) in the Essential Plan to lawfully present individuals between 0-138% of the federal poverty level (FPL), and would delay for one year the implementation date to provide long term supports and services in the Essential Plan to individuals between 0-200% of the federal poverty level.

This bill would also add references to the 1332 State innovation waiver in the Public Health Law and Social Services Law. Additionally, this bill would provide the authority for the Commissioner of Health to establish a new subsidy to assist low-income New Yorkers with the payment of premiums, cost-sharing, or both through the marketplace. Finally, this bill would add 1332 State innovation program to the functions of the marketplace.

Physician’s Excess Medical Malpractice

K

This bill would extend the provisions of the Hospital Excess Liability Pool and the Excess Medical Malpractice Insurance Program through June 30, 2025. This would also require that for excess coverage purchased on or after July 1, 2023, funds from the excess liability pool would be used to pay 50% of the premium at the conclusion of the policy period, with the other 50% to be paid the following year. For excess coverage purchased on or after July 1, 2024, a provider of excess coverage or equivalent excess coverage would be required to bill the physician or dentist for an amount equal to 50% of the premium for such coverage during the policy period. At the conclusion of the policy period, funds available in the hospital excess liability pool would be used to pay 25% of the remaining half to the provider of excess insurance coverage or equivalent excess coverage, and the remaining 25% would be paid one year thereafter.

Miscellaneous Public Health

L

This bill would discontinue support for certain public health programs within the Department of Health (DOH), including the 405.4 Hospital Audit Program, the Enhanced Quality of Adult Living (EQUAL) program, the Empire Clinical Research Investigator Program (ECRIP), the operating assistance subprogram for enriched housing, the Tick-borne Disease Institute, and the Medical Society of the State of New York Committee for Physician Health contract.

Continuous Eligibility for Children Ages 0-6

M

This bill would provide continuous eligibility for children up to the age of six in the Medicaid and Child Health Plus programs. This policy would allow children to remain enrolled in these programs without the requirement that they have their eligibility redetermined on an annual basis.

Maternal and Reproductive Health

N

This bill would authorize the Commissioner of Health to issue a statewide standing order for the provision of doula services.

Additionally, this bill would explicitly affirm the right of minors to obtain contraceptive services and to confidentially obtain any and all reproductive health care services.

Medical Debt Protections

O

This bill would update and expand New York’s hospital financial assistance law to better protect low-income New Yorkers from medical debt. This bill would limit the ability of hospitals to commence legal action related to the recovery of medical debt or unpaid bills from patients earning less than 400% of the Federal Poverty Level ($120,000 for a family of four). The legislation would also expand hospital financial assistance programs for low-income New Yorkers, limit the size of monthly payments and interest charged for medical debt and implement other protections to improve access to financial assistance.

Scope of Practice Extender

P

This bill would extend provisions of the Public Health Law and Education Law by permanently authorizing pharmacists to be qualified health care professionals for purposes of directing limited-service laboratories and performing COVID-19 and influenza tests; extend for two years amendments to the Nurse Practitioner (NP) Modernization Act, which authorizes NPs with more than 3,600 hours to practice independently without a collaborative agreement with a physician as long as they meet documentation requirements of collaborative relationships with physicians and hospitals; make permanent amendments to the Education Law authorizing physicians and certified nurse practitioners to order non-patient specific regimen to registered professional nurses for tests to determine the presence of COVID-19 or its antibodies or influenza virus; and extend the Collaborative Drug Therapy Management (CDTM) Demonstration Program.

Expand Scope of Practice

Q

This bill would expand the scope of practice for dentists, dental hygienists, physician assistants, medical assistants, and certified nurse aides.

Join Interstate Compacts

R

This bill would amend the Education Law to allow New York State to enter into two separate interstate licensure compacts for medical professionals: the Interstate Medical Compact for licensed physicians and the Interstate Nurse Licensure Compact for registered nurses (RNs) and licensed practical nurses (LPNs).

Healthcare Safety Net Transformation Program

S

This bill would establish the Healthcare Safety Net Transformation Program.

Ending the Epidemic

T

This bill would amend several sections of law to reduce the spread of human immunodeficiency virus (HIV), hepatitis C virus (HCV), hepatitis B virus (HBV) and Syphilis.
This bill would require notification and the opportunity to opt out prior to HIV testing, and the reporting of negative results for HIV, HCV, HBV, and Syphilis. For the prevention of infections, this bill would allow pharmacists to administer vaccines and preventive medications, and registered nurses to collect specimens for testing based on a standing order.

Finally, this bill would decriminalize venereal diseases by repealing section 2307 of the Public Health Law.

Opioids and Overdose Prevention

U

This bill would increase Prescription Monitoring Program (PMP) data retention periods and allow enhanced data sharing to combat the opioid crisis. Additionally, this bill would make statutory changes necessary to update the State schedule of controlled substances, and permit providers to distribute a 3-day supply of buprenorphine.

EMS and Hospital at Home

V

This bill would further the State’s goal of meeting the needs of care in home and community settings. It would expand hospital services outside of a healthcare facility, by expanding existing home care collaboration models and making it easier to involve multiple types of licensed entities including hospitals, home care agencies and emergency medical services. The bill would also enhance and modernize emergency medical services to ensure comprehensive and efficient emergency medical responses.

Creation of an Interagency Council of Elder Justice

W

This bill would establish a council that will develop strategies to defend elders from abuse. The council would be comprised of members from various state agencies whose work involves elder justice.

Make the Opioid Stewardship Fund Permanent

X

This bill would make the Opioid Stewardship Fund permanent in State Finance Law.

Make the Community Mental Health Support and Workforce Reinvestment Program Permanent 

Y

This bill would make the Community Mental Health Support and Workforce Reinvestment program permanent.

Make Flexibilities for Demonstration Programs Permanent

Z

The bill would allow certain flexibilities for mental hygiene agencies developing time-limited demonstration programs.

Require Minimum Commercial Insurance Reimbursement Rates for Behavioral Health Services 

AA

This bill would require New York State-regulated insurers to reimburse providers licensed by Office of Mental Health (OMH) and Office of Addiction Services and Supports (OASAS) at or above the Medicaid rate for outpatient behavioral health services.

Make the Comprehensive Psychiatric Emergency Programs Permanent 

BB

This bill would make permanent the Comprehensive Psychiatric Emergency Programs (CPEP).

Justice Center Notification to OMIG

CC

This bill would clarify when substantiated reports of abuse or neglect submitted to the Justice Center for the Protection of People With Special Needs (Justice Center) should be reported to the Office of Medicaid Inspector General (OMIG).

Representative payee authority for mental hygiene facility directors 

DD

This bill would make permanent the authority of mental hygiene facility directors, acting as federally appointed representative payees, to use funds for the cost of care and treatment of persons receiving services.

Support Access to More Independent Living Settings

EE

This bill would allow greater flexibility for the performance of certain nursing tasks by unlicensed employees of providers certified by the Office for People with Developmental Disabilities (OPWDD) in community-based settings that are not certified by OPWDD.

Human Services Cost-of-Living Adjustment

FF

This bill would provide a 1.5% Cost-of-Living Adjustment (COLA) for certain human services programs from April 1, 2024, to March 31, 2025.

Education, Labor and Family Assistance

Title Part Nurpose

School Aid

A

This bill would amend the Education Law to make various changes necessary to authorize School Aid and implement the education portion of the FY 2025 Executive Budget.

Ensure Instructional Best Practices in the Teaching of Reading

B

This bill would require instructional best practices for the teaching of reading to be applied in every school district in the state.

FAFSA Completion for High School Students

C

This bill would require high school seniors or their parent or guardian, as applicable, to certify that they have either completed and submitted the Free Application for Federal Student Aid (FAFSA) or DREAM Act application, or completed a waiver form indicating they were aware of the FAFSA but had chosen not to complete it.

Amend Requirements for Bundy Aid Apportionment

D

Starting in the 2024-25 academic year, this bill would limit institutional eligibility for Unrestricted Aid to Independent Colleges and Universities, also known as Bundy Aid, to institutions with endowment assets of less than $750 million.

Ensuring Informational Coordination Between State Educational Agencies

E

This bill would streamline informational coordination between the State Education Department (SED), the Higher Education Services Corporation (HESC), the State University of New York (SUNY), and the City University of New York (CUNY) for purposes of more effectively and efficiently serving the educational needs of students.

Tuition Assistance Program Tuition Credit Extender

F

This bill would permanently extend the Tuition Assistance Program (TAP) tuition credit and the other remaining provisions of the NY-SUNY 2020 Challenge Grant Program Act.

Continue the Current Financing Structure for Residential
Placements of Children with Special Needs Outside of New York

G

This bill enacts into law provisions to extend and make permanent the current structure of financing Committee on Special Education (CSE) residential placements outside of New York City.

Authorize the Pass-Through of any Federal Supplemental Security Income Cost of Living Adjustment

H

This bill would authorize Federal Supplemental Security Income (SSI) benefits to be increased in 2024 to account for the SSI Cost-of-Living Adjustment (COLA) and allow such benefits to be further increased in 2025 if there are increases in the Federal benefit during the first half of that calendar year. It also would update the Personal Needs Allowance (PNA) for SSI recipients in congregate care and allow for those to be adjusted in 2025 based on any Federal SSI COLA in the first half of that calendar year.

Implement Mandatory Federal Child Support Changes

I

This bill would ensure New York maintains compliance with federal rules and regulations regarding child support. Specifically, it amends the Family Court Act (FCA) and Domestic Relations Law (DRL) to comply with the provisions of the Federal Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs.

Require Paid Breaks for Breast Milk Expression in the Workplace

J

This bill would require paid break time up to 20 minutes for breast milk expression.

Limit Liquidated Damages in Certain Frequency of Pay Violations

K

This bill would amend the Labor Law to limit plaintiffs' recovery of liquidated damages for violations of the frequency of payment provisions in the Labor Law where employees were paid regularly on at least a semi-monthly basis.

Expand Recovery Tools for Stolen Wages

L

This bill would expand the Department of Labor's (DOL) enforcement powers as it relates to collection of lost wages.

Sunset the State’s COVID-19 Sick Leave Law

M

This bill would sunset the State’s COVID-19 Sick Leave Law.

Authorize Mortgage Insurance Fund (MIF) Utilization

N

This bill would allow for the utilization of $94.95 million from the Mortgage Insurance Fund’s (MIF) excess reserves to support vital community development and housing programs.

Enhance Protections Against Deed Theft

O

This bill would establish the crime of deed theft to protect heirs’ property and prevent deed theft in New York State. This would strengthen protections against predatory investors initiating partition action of heirs' property, and allow homeowners without a will to indicate who should receive their property on death in the deed itself.

Authorize the repurposing of real property owned by SUNY and DOT

P

This bill would authorize the transfer and/or repurposing of real property owned and maintained by the State University of New York (SUNY) and the Department of Transportation (DOT). In furtherance of the Governor’s bold housing agenda, the development of State-owned property could result in the development of approximately 15,000 units of new housing.

Authorize New York City and the New York State Urban
Development Corporation to Allow for Denser Residential Development

Q

This bill would amend the Multiple Dwelling Law (MDL) to authorize the City of New York (the City) and the New York State Urban Development Corporation (UDC), in certain circumstances, to undertake public processes to allow for denser residential development than is otherwise permitted under the MDL. This bill would help create more housing and affordable housing.

Authorize Tax Incentive Benefits for Converting Commercial Property to Affordable Housing

R

This bill would create a real property tax exemption to incentivize the inclusion of affordable housing in certain multiple dwellings converted from non-residential uses in New York City (NYC).

Enable the City of New York to Create a Pathway to Legalize Pre-Existing Basement and Cellar Dwelling Units in New York City

S

This bill would provide the City of New York with the authority to enact a local law allowing for the conversion of inhabited and other currently existing basement or cellar dwelling units to legal dwelling units. The bill would also allow the City of New York to create a program to provide amnesty to owners of existing basement or cellar dwelling units. The bill would establish certain broad framework requirements for any such legalization and amnesty program that the City of New York may choose to enact via local law.

Extend the Project Completion Deadline for Vested Projects in Real Property Tax Law 421-a

T

This bill would extend the deadline to complete a vested Real Property Tax Law (RPTL) 421-a project. This would help ensure the completion of thousands of units of housing in New York City that are currently at risk of not being built.

Create New Tax Abatement for Rental Housing Construction

U

This bill would create a new affordable housing tax incentive in New York City.

Public Protection and General Government

Title Part Nurpose

Increase Penalties for Assault of Retail Workers

A

This bill would amend the Penal Law to elevate assault of a retail worker to the class D felony of assault in the second degree.

Make it Illegal to Foster the Sale of Stolen Goods Online

B

This bill would amend the Penal Law to establish criminal penalties for fostering the sale of stolen goods, including online.

Expand Hate Crime Eligibility

C

This bill would amend the Penal Law to expand the list of offenses eligible to be prosecuted as a hate crime.

Correctional Facility Closures

D

This bill would authorize the closure of up to five correctional facilities with 90-day notice.

Extend the Suspension of the Subsidy to Revolving Loan Fund from Cell Surcharge Revenue

E

This bill would extend the existing suspension of the annual transfer of $1.5 million from the Public Safety Communications Account to the Emergency Services Revolving Loan Fund for two fiscal years.

Judicial Protection

F

This bill would help protect judges and court personnel from the disclosure of their sensitive and confidential personal information. Disclosure of such information threatens their safety and security. Such information has been used by disgruntled litigants and others to commit crimes, including threats and murder, against judicial officers and their families. The bill would also enhance criminal penalties for assaulting, stalking, harassing, and threatening judges.

Combat Unlicensed Sale of Cannabis

G

This bill would strengthen the enforcement authority of the Office of Cannabis Management (OCM) to expedite the closure of unlicensed businesses selling cannabis illegally. The proposal would also provide additional enforcement authority to localities, allowing them to combat illicit cannabis sales through their own laws and resources.

ABC Law Commission Recommendations

H

This proposal would amend the Alcoholic Beverage Control (ABC) Law to enact certain recommendations made by the Commission to Study Reform of the ABC Law, as well as other reforms to sections of the ABC Law.

Temporary Wholesale Permit & Multiple Wholesale Licenses

I

This bill would authorize the State Liquor Authority (SLA) to issue temporary permits to wholesalers while their applications for permanent wholesale licenses are reviewed. A temporary permit currently does not exist for wholesalers. This bill would ensure that wholesalers are able to operate their businesses without unnecessary delay. This proposal was included as a recommendation by the Commission to Study Reform of the Alcoholic Beverage Control (ABC) Law. The proposal would also allow multiple wholesale licenses held by the same entity to operate on the same licensed premises.

Sole Administrative Authority (Powers of the Chair and Members of the Authority)

J

This proposal would permanently codify the delegation of exclusive executive authority over the State Liquor Authority (SLA) and the Division of Alcoholic Beverage Control (ABC) to the SLA Chair. This authorization is set to lapse on July 18, 2024.

Temporary Permit Extender

K

This bill would extend a provision in section 97-a of the Alcoholic Beverage Control (ABC) Law that allows the State Liquor Authority (SLA) to issue temporary permits to certain retail applicants while they await a full review of their license applications. This section is set to lapse on October 12, 2024. This proposal would extend the lapse date to October 12, 2025. This section has been extended annually since 2011.

Noncontiguous/Outdoor Cafes Licensing

L

This bill would allow State Liquor Authority (SLA) licensees to continue to utilize municipal public space for their licensed premises, including non-contiguous municipal space. This authorization was originally granted on a temporary basis by Chapter 238 of the Laws of 2021 in order to provide expanded outdoor seating for on-premises licensees during the COVID-19 pandemic, and the authorization is set to lapse on June 30, 2025. This proposal would permanently codify the ability for licensees to seek this authorization in the Alcoholic Beverage Control (ABC) Law.

Establish First-in-Nation Paid Prenatal Leave

M

This bill would provide eligible pregnant employees the ability to take up to 40 additional hours of leave for prenatal medical appointments in addition to New York’s current 12 weeks of Paid Family Leave. Leave for prenatal visits could be taken in hourly increments.

Increase Short-Term Disability Leave Benefits

N

The maximum paid benefit available to New Yorkers who need time off from work to address their own health needs, including for any pregnancy-related conditions, has been capped at $170/week since 1989. Adjusting for inflation, $170 today was worth approximately $69 in 1989. The benefit today is worth less than half of what it was worth when the cap was set.

This bill would increase the maximum weekly payment for eligible employees on short-term disability from $170 to two-thirds of an employee’s average weekly wage, capped at two-thirds of the Statewide Average Weekly Wage (SAWW) by 2029 for the first twelve weeks of disability. Thereafter the benefit would be capped at $280 weekly for weeks thirteen through twenty-six. The increase to the weekly benefit would roll out in annual increments, starting at half of an employee’s average weekly wage in 2025, capped at $400, and ending at two-thirds of the SAWW by 2029. The bill would provide a more robust benefit for New Yorkers to take leave for their own medical needs, and tying the benefit to the SAWW ensures the weekly payments would keep pace with wage growth over time.

Stop Addictive Feeds Exploitation (SAFE) for Kids Act

O

This bill would amend the General Business Law to protect the mental health and safety of children from addictive algorithmic feeds used by social media platforms.

Child Data Protection Act

P

This bill amends General Business Law by creating the New York Child Data Protection Act. The Act prohibits websites from collecting, using, sharing, or selling personal data of anyone under the age of 18, unless they receive informed consent or when doing so is strictly necessary for the purpose of the website. The bill authorizes the Attorney General of New York to enforce the law to seek injunctive relief and damages and creates a private right of action.

Eliminate the Lag Payroll and Salary Withholding Program for newly hired State employees

Q

This bill would amend section 200 of the State Finance Law to eliminate the Lag Payroll and Salary Withholding Program for newly hired State employees with an effective date of appointment on or after July 1, 2024, pursuant to agreements with labor unions representing State employees, and at the election of the judiciary and Legislature for employees under their purview.

Market-Based Interest Rate on Court Judgments

R

This bill would permit a variable market-based, rather than fixed, interest rate to be assessed on court judgments and accrued claims, resulting in lower State taxpayer costs and relief to local governments

Cease reimbursement of the Medicare Income Related Monthly Adjustment Amounts to high income retirees and their dependents in the New York State Health Insurance Program

S

This bill would eliminate the State’s reimbursement of the Income Related Monthly Adjustment Amounts (IRMAA) to high income State retirees and their dependents enrolled in the New York State Health Insurance Program (NYSHIP), lowering taxpayer funded costs to the program.

NYSHIP Interest and Intercept for Premiums in Arrears

T

This bill would permit the Department of Civil Service (DCS) to charge interest to New York State Health Insurance Program (NYSHIP) participating employers that do not pay their NYSHIP premiums by the due date. This bill would also authorize the Division of Budget to intercept certain State aid to participating employers that have past due premiums.

Sunset State Matching Funds for the County-Wide Shared Services Initiative

U

This bill would repeal parts of Section 239-bb of the General Municipal Law which provide for the submission of County-Wide Shared Services Plans to the Department of State and for State matching funds of achieved Plan savings. Shared Services Panels may continue to be convened at local option.

Increase the Bonding Limit for the New York City Transitional Finance Authority

V

This bill would increase the current New York City Transitional Finance Authority (TFA) bond limit to enable New York City to issue additional bonds in support of its capital program.

Improve the Effectiveness of the Local Government Efficiency Grant Program

W

This bill would reform the Local Government Efficiency Grant Program to improve the overall effectiveness of the program by increasing various maximum thresholds.

Authorization for transfers, temporary loans, and amendments to miscellaneous capital/debt provisions, including bond caps

X

This bill would provide the statutory authorization necessary for the administration of funds and accounts included in the fiscal year 2024-25 Executive Budget and propose certain modifications to improve the State’s General Fund position in the upcoming fiscal year. Specifically, it would: (1) authorize temporary loans and the deposits of certain revenues to specific funds and accounts, (2) authorize the transfers and deposits of funds to and across various accounts, (3) extend various provisions of Chapter 56 of the Laws of 2022 in relation to capital projects and certain certifications, and (4) modify various debt and bond provisions necessary to implement the budget.

Transportation, Economic Development and Environmental Conservation

Title Part Nurpose

Extend the Metropolitan Transportation Authority Tax Increment Financing Authority

A

This bill would extend the Metropolitan Transportation Authority’s (MTA) Tax Increment Financing (TIF) provisions until April 1, 2034.

MTA Fare Enforcement

B

This bill would improve fare collection efforts by the Metropolitan Transportation Authority (MTA) and promote equitable enforcement of fare violations across the system.

Toll Enforcement

C

This bill would make punishable any fraudulent attempt to obtain credits, discounts, or exemptions from Central Business District (CBD) tolls or any other Triborough Bridge and Tunnel Authority (TBTA) tolls.

Toll Fraud Deterrence

D

This bill would make punishable any fraudulent attempt to obtain credits, discounts, or exemptions from Central Business District (CBD) tolls or any other Triborough Bridge and Tunnel Authority (TBTA) tolls.

Warren County Contribution to Capital District Transportation Authority

E

This proposal would allow Capital District Transportation Authority (CDTA) to receive State assistance for transit services in Warren County, which requires a local match component.

Extend the Internet Point Insurance Reduction Program

F

The purpose of this bill is to extend the authorization of the Department of Motor Vehicles’ (DMV) Internet Point Insurance Reduction Program (IPIRP).

Extend the Authorization for Certain Department of Motor Vehicle Fees

G

This bill would extend the expiration dates of certain Department of Motor Vehicles (DMV) fees related to motor vehicle transactions.

Online Insurance Verification System

H

This bill would amend the Vehicle and Traffic Law (VTL) to allow the Department of Motor Vehicles (DMV) to replace its current insurance verification system.

Allow New York City to Lower Its Speed Limit

I

This bill would extend for three years the exemption from sales and use tax on certain sales or services transacted between certain financial institutions and their subsidiaries.

Autonomous Vehicle Technology Extender

J

This bill would amend the Vehicle and Traffic Law (VTL) to allow New York City (NYC) to lower its speed limit.

Stretch Limousine Passenger Safety Act

K

This bill would implement limousine safety recommendations made by the Stretch Limousine Passenger Safety Task Force.

New York Waterfront Commission Statute

L

This bill would create the Waterfront Commission Act, establishing the New York Waterfront Commission (NYWC), in consolidated law, and would repeal the outdated statute in unconsolidated law. NYWC has replaced the Waterfront Commission of New York Harbor (WCNYH), a bi-state agency founded in 1953 by a Congressionally authorized compact between New York and New Jersey, which was dissolved in 2023. The provisions of this law are based on the previous statute, with updates to remove outdated sections of law, correct errors and ensure that the provisions of the new law will be effectively implemented in New York.

NYSERDA Build-Ready Program Extender

M

This bill would extend the New York State Energy Research and Development Authority (NYSERDA) Build-Ready Program for six years.

Annual NYSERDA Special Assessment

N

This bill would extend the New York State Energy Research and Development Authority’s (NYSERDA) authorization to collect a special assessment on gas and electric corporations to support certain energy-related programs.

Renewable Action Through Project Interconnection and Deployment Act

O

The Renewable Action Through Project Interconnection and Deployment (RAPID) Act creates a one-stop shop for the environmental review and permitting of major renewable energy generation and electric transmission facilities within the Office of Renewable Energy Siting and Electric Transmission (ORES), proposed to be relocated at the Department of Public Service (DPS) and streamlines the development of electric transmission necessary to meet the State’s climate goals.

Affordable Gas Transition Act

P

The Affordable Gas Transition Act (AGTA) would support responsible, equitable, and effective gas system transition planning by eliminating the “100-foot” rule — the obligation to serve customers with natural gas — and other provisions of the law that restrict the Public Service Commission (PSC) from ensuring utilities respond appropriately to a changing market and meet the Climate Leadership and Community Protection Act’s (CLCPA) greenhouse gas (GHG) emission reduction requirements.

Assessments on Cable Television Companies and Public Utilities

Q

This bill would extend the State’s current authorization to allow various agencies to finance public health campaigns and utility oversight related costs from assessments on cable television companies and public utilities, respectively.

Weighmaster License Fee

R

This bill would amend the Agriculture and Markets Law (AML) to remove the setting of the weighmaster fee and instead allow the Department of Agriculture and Markets (AGM) to set the fee by regulation.

Climate Smart Communities Grant Program

S

This bill would allow the Department of Environmental Conservation (DEC) to increase the maximum award certain communities may receive from the Climate Smart Communities (CSC) Program.

Clean Air Compliance and Pollution Reduction

T

This bill would amend the existing fee structure for the Department of Environmental Conservation’s (DEC) air pollution control permits and registrations. The provisions of the bill would restructure the State Air Quality Control fees for non-title V facilities and Operating Permit Program (OPP) fees for Title V facilities. Additionally, this bill would authorize DEC to impose fees through regulations and ensure compliance with new requirements pursuant to the National Ambient Air Quality Standard (NAAQS).

Dormitory Authority of the State of New York Omnibus State & Municipal Authorization for Certain Projects

U

This bill would authorize the Dormitory Authority of the State of New York (DASNY) to provide planning, design, procurement, and construction management services to State agencies, counties, cities, towns, and villages for capital infrastructure projects.

Extend the Dormitory Authority of the State of New York’s Subsidiary Authorization

V

The purpose of this bill is to extend for three years, until July 1, 2027, the Dormitory Authority of the State of New York’s (DASNY) authority to establish subsidiaries to take title to the property of borrowers regulated under Public Health Law Article 28 that have defaulted on loan agreements or mortgages with DASNY.

Increase Battery Park City Authority Bond Capacity

W

This bill would authorize an increase in the permitted amount of non-renewable outstanding debt for the financing of project costs for the Battery Park City project area in order to permit the Battery Park City Authority (BPCA) to perform critical infrastructure maintenance and resiliency-related work.

Increase the Cap on Grants to Entrepreneurial Assistance Centers

X

This bill increases the cap on grants to entrepreneurial assistance centers from the current $175,000 to $250,000.

Minority and Women Owned Business 15-A Extension

Y

Executive Law Article 15-A governs requirements for the participation of minority- and women-owned business enterprises (MWBE) in New York State contracting. The Division of Minority and Women’s Business Development (DMWBD) oversees the statewide MWBE program operated by “state agencies as defined by Article 15-A. The Division is charged with three primary functions: (1) to encourage and assist state agencies that are engaged in contracting activities to award a fair share of state contracts to MWBEs; (2) to review applications by businesses seeking certification as a MWBE and to maintain a directory of certified MWBEs; and (3) to promote the business development of MWBEs through education and outreach to agencies and MWBEs.” The MWBE program was reauthorized in 2019 for five years and is set to expire on December 31, 2024.

The purpose of this bill is to extend the MWBE program for five years, to December 31, 2029.
 

Extend the authorization of the New York State Urban Development Corporation to administer the Empire State Economic Development Fund

Z

This bill would extend the authorization of the New York State Urban Development Corporation (UDC) to administer the Empire State Economic Development Fund (EDF) for an additional three years.

Extend the general loan powers of the New York State Urban Development Corporation

AA

This bill would extend the general loan powers of the New York State Urban Development Corporation (UDC) for an additional three years.

Extension of the Assistance Demonstration Project for Displaced Workers

BB

This bill extends the Assistance Demonstration Project, regarding insurance for displaced workers, by an additional year.

Regulate "Buy Now, Pay Later" loans

CC

This bill would authorize the Department of Financial Services (DFS) to regulate companies who offer “Buy Now, Pay Later” (BNPL) loans. The proposal is part of the Governor’s State of the State initiative to protect consumers.

Supplemental Spousal Liability

DD

This bill would require auto insurance policies to include supplemental spousal liability coverage only where the insured has indicated on the insurance application that they are married.

Insulin Cost Sharing

EE

This bill would ensure that insulin drug coverage is not subject to cost sharing requirements.

Combating discrimination in housing

FF

This bill would prohibit insurance companies from increasing rates or denying coverage to a policy holder due to their ownership of affordable housing.

Safe Lithium-Ion Batteries

GG

This bill would restrict the sale of lithium-ion batteries or refurbished lithium-ion batteries to use in micromobility devices to those batteries that have been certified by a nationally recognized testing and certification laboratory.

Mental Health Parity

HH

This bill would increase the penalty for violations of mental health and substance use disorder requirements.

Financial Exploitation Prevention

II

This bill would amend the General Business Law and the Banking Law to establish procedures for financial institutions to impose holds on transactions that appear to be related to the financial exploitation of an eligible adult.

Enhancing Consumer Protection

JJ

This bill would enhance protections and remedies for consumers from unscrupulous business practices. It would authorize the Attorney General to investigate and bring actions against persons who engage in unfair or abusive practices, in addition to deceptive practices, and allow a private right of action for consumers to recover damages if they have been harmed by unfair or abusive practices.

Extend Videoconference Participation in Public Meetings

KK

This bill would extend for two years authorization for public bodies to conduct public meetings with some members and the public joining by videoconference.

Modernization of the Life Insurance Guaranty Credit

LL

This bill would ensure that the assessments for not-for-profit member insurers of the Life and Health Insurance Company Guaranty Corporation of New York (Guaranty Fund) are comparable to the assessments for for-profit member insurers after the applicable tax credits for for-profit member insurers.

Revenue

Title Part Nurpose

Permanently Extend the Itemized Deduction Limit on High Income Filers

A

This bill would permanently extend the itemized deduction limitation under the New York State and New York City personal income taxes for individuals with New York adjusted gross income of more than $10 million.

Permanently Extend the Tax Shelter Provisions

B

This bill would make permanent the current tax shelter reporting and penalty provisions.

Make Technical Corrections to the Metropolitan Commuter Transportation Mobility Tax

C

This bill would clarify that, for tax years beginning on or after January 1, 2024, the Metropolitan Commuter Transportation Mobility Tax (MCTMT) will continue to be imposed on self-employed individuals engaging in business within the Metropolitan Commuter Transportation District (MCTD) at the current rate of 0.34% for net earnings from self-employment attributable to the MCTD suburban counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester.

Close the Amended Return Loophole for Personal Income and Corporation Franchise Taxes

D

This bill would amend provisions within Tax Law Articles 22 and 27 that relate to the filing of petitions with the Division of Tax Appeals to allow the Department of Taxation and Finance (Department) to take an action on an amended return filed after a taxpayer has filed a petition challenging a deficiency or refund denial resulting from an original filing or a prior return.

Establish the Commercial Security Tax Credit

E

This bill would establish the commercial security tax credit program and allow eligible New York retailers to receive a credit for retail theft prevention expenses.

Permanently Extend the Mandatory Electronic Filing and Payment Requirements

F

This bill would consolidate and make permanent current electronic filing and payment mandates.

Permanently Extend Authorization to Manage Delinquent Sales Tax Vendors

G

This bill would make permanent certain provisions concerning the segregated sales tax account program.

Provide for the Filing of Amended Sales Tax Returns

H

This bill would amend the Tax Law to provide clarity and certainty regarding the filing of amended sales tax returns.

Extend Certain Sales Tax Exemption Related to the Dodd-Frank Protection Act for Three Years

I

This bill would extend for three years the exemption from sales and use tax on certain sales or services transacted between certain financial institutions and their subsidiaries.

Extend the Sales Tax Vending Machine Exemption for One Year

J

This bill would extend the existing sales tax exemption for certain food and drink purchased from a vending machine for one year.

Modernize Tax Law to Include the Vacation Rental Industry

K

This bill would amend the Tax Law to require vacation rental marketplace providers to collect sales tax on vacation rentals that they facilitate.

Repeal and Replace the Cannabis Potency Tax

L

This bill would amend the Tax Law to replace the potency tax on adult-use cannabis (AUC) products with a percentage tax on the wholesale price.

Clarify the Telecommunications Assessment Ceiling Program

M

This bill would clarify that only property “primarily or exclusively” used in the transmission of radio, television, or cable television signals is excluded from the definition of real property.

Return Tax Foreclosure Surplus to Property Owner

N

This bill would reform the State’s property tax enforcement laws to bring them into compliance with a recent decision of the United States Supreme Court, Tyler v. Hennepin County, Minnesota, 598 U.S. 631 (2023), by providing that when tax-delinquent property is sold, any excess proceeds be returned to the former owner or owners, and where appropriate, to lienors.

Extend Authorized Use of Capital Funds by a Certain Off-track Betting Corporation for One Year

O

This bill would extend for one additional year the authorized non-capital use of capital acquisition funds by the Capital District Regional Off-Track Betting (Capital OTB) Corporation.

Extend Pari-Mutuel Tax Rates and Simulcast Provisions for One Year

P

This bill would extend for one additional year various provisions of the Racing, Pari-Mutuel Wagering and Breeding Law (PML). This bill is necessary to maintain the current pari-mutuel wagering structure in New York State.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Manatt, Phelps & Phillips, LLP

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