2011 Legislative Session Report

2011 Legislative Session Report

By Fred Hiffa and Megan Osika

End of Session Wrap Up

Last night the Senate and Assembly concluded the 2011 legislative session. The major issues addressed at the end of session were a property tax cap, rent regulation, SUNY2020, same sex marriage, mandate relief, and Title X power plant siting.

If you have any questions or would like additional information, please contact Fred or Megan at (518) 436-6202 or the Association Office at (518) 694-9313. Below are updates on major legislation of interest:

Marcellus Shale

In June, the following three bills passed the Assembly but were held in the Republican controlled Senate:

• A7400 Sweeney (D - LI, Chair of the Environmental Conservation Committee)/S5592 Carlucci (Democratic Independent Caucus- Rockland) would create a moratorium on both vertical and horizontal drilling permits until June 1, 2012. True to their word the Senate Majority did not put this legislation up for a vote because they stated their confidence in the DEC's soon to be released SGEIS (The date for the final draft was postponed from June 1 to July 1, after which the DEC must have another 30 day comment period and has the option of holding additional public hearings). We expect to see the final draft SGEIS released during the late summer.
• A7013 Sweeney/S4616 Avella (D-Queens) would supersede current regulation that exempts waste produced from oil and natural gas activities and would require that it be treated as hazardous waste.
• A3245 Lifton (D- Ithaca)/S3472 Oppenheimer (D-Westchester) would clarify town zoning ordinances as they relate to oil, gas and solution mining. S5830 Seward (R-Oneonta) introduced a similar bill but it has not moved and does not have a same-as in the Assembly.

Gas Tax Suspension Holiday

S4880B Ball (R-Hudson Valley)/A7297A Tedisco (R-Schenectady) has passed the Senate but not moved from the Ways and Means Committee in the Assembly. This legislation proposes to suspend sales tax on motor fuel during the Memorial Day, July 4th and Labor Day weekends of 2011. As you know, initially we were extremely opposed to this legislation as it would take away much needed funding from the DBHTF. The Sponsors addressed this issue by including language that would require the General Fund to reimburse the losses incurred; however, we did not remove our memo of opposition because we cannot support any legislation that would shift dedicated transportation monies away from the DBHTF.

Auction

S 551-A Squadron (D- Brooklyn)/A 4756A Titone (D-Staten Island) has not moved in either House. However, Senator Squadron has requested that it be considered by committee. The sponsors listened to our concerns from last year and the current version has an exemption for the auction of vehicles or highway tools, machinery or equipment conducted by or on behalf of the federal government, or the state, its agencies, bureaus, boards, commissions and authorities, or any political subdivision of the state, or the agencies and authorities of any such subdivision so we no longer oppose the legislation.

Complete Streets

S 5411-A Fuschillo (R-LI, Chair of the Transportation Committee)/A8366 Gantt (D-Rochester, Chair of the Transportation Committee) passed both the Senate and Assembly. This version was agreed upon by the Governor's office, the Legislature, the DOT, NYSCHSA, NYSAOTSOH, AARP, Tri-State Transportation, Association of Counties and the NY Bicycle Coalition. This legislation will only apply to projects that receive both federal and state funding which removes most of our roads from consideration. Projects affected are required to do a study examining the needs of secondary users such as bicyclists and pedestrians.

Piggybacking

S4360 Young (R-Olean)/ A5830 Gunther (D-Monticello) - This Legislative Commission on Rural Resources bill which would allow municipalities to piggyback on public works contracts that have been bid by any county in the state passed both houses! This legislation was a priority for us and we met with central staff, the Chair of the Local Governments Committee and both Sponsors to educate them on its importance. We've also circulated a memorandum to the Legislature and will be sending a support letter to the Governor.

Low Volume/Mandate Relief

S3641A Griffo (R-Utica) /A6325 Gunther (Low Volume/Minimum Maintenance Roads) was also a priority for us this legislative session. We were able to have it passed in the Senate but similar to what has occurred before were not successful in moving the bill out of the Assembly Transportation Committee.

S5856 Skelos/A8518 V.Lopez the mandate relief bill includes the following provisions:

• The creation of a Mandate Relief Council.
• Codifies political subdivisions reciprocal agreements for routine and/or emergency services, monies, equipment, buildings and facilities, materials with state agencies, water and soil districts and SUNY.
• Piggybacking -removes the exception for article eight(public works) from GML subdivision 3 section 103. · CHIPs projects between $100,000 and $250,000 can now be done by a municipalities own forces without going out for competitive bidding.

Water Withdrawal
S 3798 Grisanti (R-Buffalo, Chair of the Environmental Conservation Committee)/A5318A Sweeney (D- LI, Chair of the Environmental Conservation Committee), a NYSDEC Departmental bill that amends ECL to create a new permitting system for all water withdrawals with few exceptions, passed the Assembly in early May and the Senate in mid-June. It was a priority for the two legislative sponsors and the Governor. We issued a memo of opposition listing our concerns that the DEC has exceeded the requirements of the 2008 Great Lakes - St. Lawrence River Basin Water Resources Compact by requiring permits for systems with the capacity for withdrawals of over 100,000 gallons per day, by requiring the permits statewide, and by not grandfathering in existing withdrawals. We also noted that it would be a new mandate on the 250 town-owned mines.

There is a provision within the bill that would allow anyone who reports under Title 33 prior to February 1, 2012 to automatically receive an initial permit under the new law; it is unclear how long this permit will be for until the regulations are promulgated.

CHIPS/5 Year Capital Plan
As you know, New York's local transportation infrastructure is deteriorating rapidly and 2011 represents the end of our current Two-Year Capital Plan. It is essential that we educate the Governor, the Legislature and the DOT on just how essential investing in a safe and effective transportation system is for our economy. Now that this legislative session is over it is time to get all of the stakeholders focused on all potential revenue streams for the preservation of our roads and bridges.