Go
Association of Pool & Spa Professionals
The Pool & Spa Show Codes & Regs Buyers & Owners

NESPA Government Relations Action Committee

The Northeast Pool & Spa Association is your voice on legislation and regulations impacting our industry. NESPA GRAC monitors legislative action across the region and represents the pool and spa industry when these important actions are being debated.

NESPA GRAC often works with dedicated member volunteers and lobbyists on behalf of our members  to oppose onerous over-regulation. We have important relationships with Federal, State and local officials and are in regular contact to share our industry’s perspective on legislation. 

The Government Relations Action Committee consists of representatives from each of our four chapters.  If you have questions about legislation and government regulations contact
NESPA at 609-689-9111.

Legislation We Are Monitoring

TEXT IN RED DENOTES NEW LEGISLATIVE AND REGULATORY UPDATES SINCE LAST MONTH’S REPORT

NEW JERSEY  A.B.  269  -  WATER SAFETY PUBLIC/PRIVATE 

Sponsor: Assemblymember Sean Kean (R)

Summary: This bill requires each school district to incorporate instruction on water safety into the health education curriculum for students in grades K through 12 as part of the district’s implementation of the New Jersey Student Learning Standards for Comprehensive Health and Physical Education, beginning with the 2018-2019 school year. The instruction must provide information on:

(1) the proper use of flotation devices; how to become aware of water conditions;

(2) the danger of rip currents and how to respond if caught in one;

(3) the importance of swimming in areas monitored by a lifeguard. 

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­A0500­/269_­I1.PD­F­

Status: Introduced; referred to Assembly Education Committee 1/9/2018.

Outlook:  This measure has been referred to the Assembly Education Committee.

According to the sponsor, drownings are the fifth leading cause of accidental death in the United States according to the Centers for Disease Control. While New Jersey students participate in drills for fire and active shooter crises, they do not receive instruction on what to do if you are drowning or see someone drowning.

This measure is a refile of A.B. 5159, which was combined with similar legislation, A.B. 5155. A.B. 5155 failed to pass the assembly prior to adjournment.
Effective Date: Immediately

 

NEW JERSEY  A.B.  473  -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Assemblymember Vincent Prieto (D)

Summary: This measure creates the Construction Trades Licensing Board. Members of the board shall be appointed by the Governor. The measure requires one individual who is primarily engaged in business as a swimming pool or spa contractor to serve on the board. (page 10)

Any person desiring to obtain a State contractor's license for the following professions shall make application for licensure to the Construction Trades Licensing Board, pay all the fees required in connection with the application, and be examined as required: (page 11)

a. general building contractor;

b. residential and small commercial contractor;

c. swimming pool contractor;

d. roofing contractor;

e. sheet metal contractor;

f. underground utility and excavation contractor. 

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­A0500­/473_­I1.PD­F­

Status: Introduced; referred to Assembly Regulated Professions Committee 1/9/2018.

Outlook:  This measure has been referred to the Assembly Regulated Professions Committee.

The sponsor is a member of the majority party. This measure has garnered the support of cosponsors.

Effective Date: Immediately 

NEW JERSEY  A.B.  1159  -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Assemblymember Edward H. Thomson (R)

Summary: This bill revises the “Contractors’ Registration Act,” to strengthen the protections afforded New Jersey consumers who engage the services of home improvement contractors.

The bill requires an applicant for registration to disclose any person connected to a home improvement business who has a substantial interest in the entity or any parent, subsidiary, or affiliate of the entity. As defined in the bill, “substantial interest” means an interest as director, officer or partner or an economic interest of 10 percent or more in a home improvement contractor or any parent, subsidiary, or affiliate thereof. The bill helps facilitate consumer restitution when a home improvement contractor provides substandard work or engages in misconduct. The bill clarifies the commercial general liability insurance provisions of the act. Under the bill, contractors would be required to maintain a surety bond in the amount of $25,000, or such other amount as the director may determine by regulation.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­A1500­/1159­_I1.P­DF­

Status: Introduced; referred to Assembly Regulated Professions Committee 1/9/2018.

Outlook:  This measure has been referred to the Assembly Regulated Professions Committee.

This measure was previously filed as A.B. 1332 during the 2016- 2017 Legislative Session.

Effective Date: 120 days after enactment

 

NEW JERSEY  A.B.  1429  -  WATER SAFETY PUBLIC/PRIVATE 

Sponsor: Assemblymember Angela McKnight (D)

Summary: This measure requires the Commissioner of Community Affairs, in consultation with the Commissioner of Health to design, produce and distribute to each municipality in which a public pool is located, a poster warning of the dangers of dry drowning and listing all of the symptoms of dry drowning, and a one-page information pamphlet providing that information. The measure also requires the governing body of every municipality that operates a public swimming pool to post that poster in a prominent area at the pool, and to also require that a copy of the one-page information sheet be provided to municipal residents annually, either at the time they register as members of the municipal pool, or at the public swimming pool during the first two weeks that the pool is open.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­A1500­/1429­_I1.P­DF­

Status: Introduced; referred to Assembly State and Local Government Committee 1/9/2018.

Outlook:  This measure has been referred to the Assembly State and Local Government Committee.

According to the sponsor, “Dry drowning” occurs when someone inhales water into their lungs but isn't affected until after he or she has left the water. It is also referred to as secondary drowning. Patients can then have breathing difficulties due to airway muscle spasms. The laryngospasm reflex essentially causes asphyxiation and neurogenic pulmonary edema. Young children are particularly susceptible to “dry drowning,” and the sponsor intends that the provisions of this measure will provide parents and caregivers of small children with critical information that will save lives as their children enjoy playing in swimming pools on a hot summer day.

This measure is a refile of A.B. 5051, which failed to pass its committee of referral.

The sponsor is a member of the majority party. This measure has garnered the support of cosponsors.

Effective Date: Immediately

NEW JERSEY  A.B.  3772  -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Assemblymember Annette Quijano (D)

Summary: This measure establishes licensing of pool and spa service contractors and pool and spa builders and installers. 

Furthermore, it establishes a Pool and Spa Service Contractors and Pool and Spa Builders and Installers Advisory Committee in the Department of Law and Public Safety, under the Board of Examiners of Electrical Contractors. Two members of the committee must hold a Certified Builder Professional credential and an additional two members of the committee must hold a Certified Builder Professional credential, as issued by the Association of Pool and Spa Professionals or equivalent certification.

It further states that the applicant must meet qualifications established by the board, in consultation with the committee, regarding experience, continuing education, financial responsibility and integrity, and establish his qualifications to perform and supervise various phases of pool and spa service contracting as evidenced by successful completion of, and having earned, one of the following:

(a) An Association of Pool and Spa Professionals (APSP) certification as a Certified Service Professional (CSP);

(b) An APSP certification as a Certified Service Technician (CST);

(c) An APSP certification as a Certified Building Professional (CBP);

(d) For those persons who only service and maintain portable spas, an APSP certification as a Certified Hot Tub Technician (CHTT);

(e) Any other certification acceptable to the board in consultation with the committee.

Pool and spa installation does not include startup or commissioning of oil, gas, propane, or heat pump pool heaters located outside or inside of a structure. 

Swimming pool and service contracting also means the service, repair, or maintenance of the heating components of spa heaters contained in a self-contained spa, electric immersion heaters, and solar pool heaters.

Swimming pool service and repair work does not include the service, repair, and maintenance of any oil, natural or manufactured gas burning heater's combustion components, heater controls, or combustion safety components or the service and repair of free standing heat pump pool heaters, including the refrigerator circuit, heat pump control circuit and devices, or any safety controls.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­A4000­/3772­_I1.P­DF­

Status: Filed 3/26/2018. Introduced; referred to Assembly Regulated Professions Committee 4/5/2018.

Outlook:  This measure has been referred to the Assembly Regulated Professions Committee, where Assemblymember Thomas Giblin (D) serves as Chair. Text of the measure has been made available. A companion, S.B. 2091, was introduced in the Senate by Senator James Beach (D). In New Jersey, companion measures are vital to a measure moving through the legislative process.

This measure is a refile of A.B. 224, which passed both the House and Senate but was defeated by a Pocket Veto during the 2016-2017 legislative session. The sponsor is a member of the majority party. This measure has not garnered the support of cosponsors.

Companion Bill: 2018 S.B. 2091

Effective Date: 180 days following enactment

 

NEW JERSEY  A.J.R.  37  -  WATER SAFETY PUBLIC/PRIVATE 

Sponsor: Assemblymember Angela McKnight (D)

Summary: This joint resolution designates the month of June of each year as “Dry Drowning Awareness Month” in New Jersey, and respectfully requests the Governor to annually issue a proclamation recognizing the month and calling on public officials and the people of New Jersey to observe the month with appropriate programs and activities.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­AJR/3­7_I1.­PDF­

Status: Introduced; referred to Assembly Women and Children Committee 1/9/2018.

Outlook:  This measure has been referred to the Assembly Women and Children Committee.

According to the sponsor Dry drowning and secondary drowning are rare but deadly submersion injuries that can cause death well after a person, who is often a young child, has ingested water, such as during time in a swimming pool.  Dry drowning and secondary drowning are caused by ingesting a small amount of water, through the nose or mouth.  In dry drowning, that water causes a spasm in the person’s airway, causing it to close up.  Both cause trouble with breathing, and in the worst case, can be fatal.  Broader awareness of the causes and symptoms of dry drowning and secondary drowning will save lives, especially during the busy summer season when family fun oftentimes revolves around water activities.

The sponsor is a member of the majority party. This measure has not garnered the support of cosponsors.
 

NEW JERSEY  S.B.  214  -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Senator Declan O'Scanlon (R)

Summary: This measure revises the “Contractors’ Registration Act”, to strengthen the protections afforded New Jersey consumers who engage the services of home improvement contractors.

Furthermore, it requires an applicant for registration to disclose any person connected to a home improvement business who has a substantial interest in the entity or any parent, subsidiary or affiliate of the entity.

Finally, it addresses an ongoing problem that the division has encountered concerning individuals who reincorporate and apply for registration as a new business entity in order to circumvent disclosing to consumers the existence of division disciplinary actions against their previously registered home improvement contracting business.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­S0500­/214_­I1.PD­F­

Status: Introduced; referred to Senate Commerce Committee 1/9/2018.

Outlook:  This measure has been referred to the Senate Commerce Committee where it awaits further consideration.
 

Effective Date: January 1, 2017

 

NEW JERSEY  S.B.  471  -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Senator Robert Singer (R)

Summary: This measure requires home improvement contractors subject to the requirements of the Contractors’ Registration Act of 2004 to undergo a criminal history record background check. The criminal history record background check requirement provided for in this bill replaces the requirement in current law that home improvement contractors disclose convictions disqualifying crimes.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­S0500­/471_­I1.PD­F­

Status: Introduced; referred to Senate Commerce Committee 1/9/2018.

Outlook:  This measure was referred to the Senate Commerce Committee.

This measure was previously introduced as S.B. 3586 during the 2016-2017 Legislative Session.

Effective Date: 90 days after enactment

NEW JERSEY  S.B.  473  -  WATER SAFETY PUBLIC/PRIVATE 

Sponsor: Senator Robert Singer (R)

Summary: This bill requires each school district to incorporate instruction on water safety into the health education curriculum for students in grades K through 12 as part of the district’s implementation of the New Jersey Student Learning Standards for Comprehensive Health and Physical Education, beginning with the 2018-2019 school year. The instruction must provide information on:

(1) the proper use of flotation devices; how to become aware of water conditions;

(2) the danger of rip currents and how to respond if caught in one; and the importance of swimming in areas monitored by a lifeguard. 

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­S0500­/473_­I1.PD­F­

Status: Introduced; referred to Senate Education Committee 1/9/2018.

Outlook:  This measure was referred to the Senate Education Committee.

This measure was previously introduced as S.B. 3589 during the 2016-2017 Legislative Session.
 

NEW JERSEY  S.B.  1562  -  Pool/Spa Fencing and/or Covers 

Sponsor: Assemblymember Anthony Bucco (R)

Summary: This measure requires swimming pools to be entirely enclosed by a wall, fence, or other barrier meeting the following specifications:

a. The wall, fence, or barrier shall have a minimum vertical height of five feet, as measured on the side farthest from the swimming pool;

b. Any openings in the wall, fence, or barrier shall be of a size so that a spherical object four inches in diameter cannot pass through;

c. If the wall, fence, or barrier has horizontal components, they shall be:

(1) Spaced a minimum of 45 inches apart, measured vertically;

(2) Placed on the side of the wall, fence, or barrier closest to the swimming pool. In such a case, the wall, fence, or barrier shall not 18 have any openings greater than one and three-quarter inches, measured horizontally;

d. In the case of wire mesh or chain link fences, the mesh size shall be a maximum of one and three-quarter inches, measured horizontally;

e. The wall, fence, or barrier shall not contain any openings, handholds, or footholds accessible from the exterior side of the enclosure than can be used to climb the structure; 

f. The wall, fence, or barrier shall be at least 20 inches from the edge of the water. 

Any gate in the wall, fence, or barrier required shall open outward from the swimming pool and be selfclosing and self-latching. In addition, the gate shall either:

a. Be secured by a padlock or similar device which requires a key, electric opener, or integral combination;

b. Have its latch located:

(1) A minimum of 54 inches above the underlying ground;

(2) On the side of the gate closest to the swimming pool, with a release mechanism a minimum of five inches below the top of the gate.

A gate meeting these specifications shall not have any opening greater than one-half inch within 24 inches of the release mechanism. 

If a residence or living area constitutes part of the wall, fence, or barrier required the owner may elect one of the following in lieu of meeting all the specifications above:

a. A wall, fence, or barrier between the swimming pool and the residence or living area, that has a minimum vertical height of four feet, as measured on the side farthest from the swimming pool.

b. A motorized safety pool cover which requires the operation of a key switch and meets all applicable standards set by the American Society of Testing and Materials. The safety pool cover shall not require any manual operation other than the use of the key switch;

c. All ground level doors or other doors with direct access to the swimming pool shall be self-closing and self-latching. Emergency escape or rescue windows from sleeping rooms with access to the swimming pool shall be equipped with a latching device not less than 54 inches above the floor. All other openable windows with similar access shall have:

(1) A wire mesh screen screwed in place so as to prevent its removal;

(2) A keyed lock that prevents opening the window more than four inches;

(3) A latching device located a minimum of 54 inches above the floor. 

This measure does not apply to an above-ground swimming pool which meets the following specifications:

(1) The exterior sides shall be non-climbable and have a minimum vertical height of four feet;

(2) Any access ladder or steps shall be removable without tools, and secured in an inaccessible position when the pool is not in use by a latching device a minimum of 54 inches above the ground.

Notwithstanding any other law to the contrary, a person who violates the provisions of this act commits a petty disorderly persons offense, except that no penalty shall be imposed if the person has subsequently enclosed, or made a good faith effort to enclose, the swimming pool, in compliance with the requirements of this act, within 45 days of citation. 

The measure defines "swimming pool" as any structure intended for swimming and shall include any affixed structure or contained body of water inches or more in depth at any point and wider than eight feet at any point. This shall include, but not be limited to, swimming pools, hot tubs, non-portable spas, home ponds, and fountains.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­S2000­/1562­_I1.P­DF­

Status: Filed 2/1/2018. Introduced; referred to Senate Community and Urban Affairs Committee 2/5/2018.

Outlook:  This measure has been referred to the Senate Community and Urban Affairs Committee, where Senator Jeff Van Drew (D) serves as Chair. Bill text has been made available.

The sponsor is a member of the minority party. This measure has not garnered the support of cosponsors.

Effective Date: 90 Days following enactment

 

NEW JERSEY  S.B.  2091  -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: Senator James Beach (D)

Summary: This measure establishes licensing of pool and spa service contractors and pool and spa builders and installers. 

Furthermore, it establishes a Pool and Spa Service Contractors and Pool and Spa Builders and Installers Advisory Committee in the Department of Law and Public Safety, under the Board of Examiners of Electrical Contractors. Two members of the committee must hold a Certified Builder Professional credential and an additional two members of the committee must hold a Certified Builder Professional credential, as issued by the Association of Pool and Spa Professionals or equivalent certification.

It further states that the applicant must meet qualifications established by the board, in consultation with the committee, regarding experience, continuing education, financial responsibility and integrity, and establish his qualifications to perform and supervise various phases of pool and spa service contracting as evidenced by successful completion of, and having earned, one of the following:

(a) An Association of Pool and Spa Professionals (APSP) certification as a Certified Service Professional (CSP);

(b) An APSP certification as a Certified Service Technician (CST);

(c) An APSP certification as a Certified Building Professional (CBP);

(d) For those persons who only service and maintain portable spas, an APSP certification as a Certified Hot Tub Technician (CHTT);

(e) Any other certification acceptable to the board in consultation with the committee.

Pool and spa installation does not include startup or commissioning of oil, gas, propane, or heat pump pool heaters located outside or inside of a structure. 

Swimming pool and service contracting also means the service, repair, or maintenance of the heating components of spa heaters contained in a self-contained spa, electric immersion heaters, and solar pool heaters.

Swimming pool service and repair work does not include the service, repair, and maintenance of any oil, natural or manufactured gas burning heater's combustion components, heater controls, or combustion safety components or the service and repair of free standing heat pump pool heaters, including the refrigerator circuit, heat pump control circuit and devices, or any safety controls.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­S2500­/2091­_I1.P­DF­

Status: Filed 2/26/2018. Introduced; referred to Senate Commerce Committee 3/5/2018.

Outlook:  A companion measure, A.B. 3772 has been introduced in the Assembly by Assemblymember Annette Quijano (D). In New Jersey, companion measures are vital to a measure moving through the legislative process.

This measure has been referred to the Senate Commerce Committee, where Senator Nellie Pou (D) serves as Chair.

This measure is a refile of A.B. 224, which passed both the House and Senate but was defeated by a Pocket Veto during the 2016-2017 legislative session. The sponsor is a member of the majority party. This measure has not garnered the support of cosponsors.

Companion Bill: 2018 A.B. 3772

Effective Date: 180 days following enactment

NEW YORK  A.B.  593  -  Building Codes/Public Health Code 

Sponsor: Assemblymember Michael Miller (D)

Summary: This measure prohibits code enforcement officers from utilizing any device or technology which would allow the user to conduct a live feed of data or images to a remote viewer.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/27­8838_­Read ­Bill ­- AB ­593 -­ As F­iled.­pdf­

Status: Introduced; referred to Assembly Cities Committee 1/9/2017. Re-referred to Committee 1/03/2018.

Outlook:  This measure has been referred to the Assembly Cities Committee, where Assemblymember Michael Benedetto (D) serves as Chair. The sponsor does not serve on the committee of referral.

According to the sponsor: This bill addresses the practice of using technological devices during an inspection that would allow a third party to observe and interfere with an inspection that is currently in progress. With the advancement of technology, items such as Google Glass, which can connect a Bluetooth and transmit a live feed are becoming readily available for use by inspectors or officers while conducting an inspection. This presents an issue for business owner who already feel as if they are being slapped with hefty fines by inspectors. To allow an inspector to transmit a live feed would only further alienate business owners and this bill is intended to prohibit that practice.

The sponsor is a member of the majority party. This measure has not garnered the support of cosponsors.  

Companion Bill: 2017 A.B. 616

Effective Date: Immediately

 

SEND EMAIL

EMAIL LEGISLATIVE
ASSOCIATE

 

 

 

NEW YORK  A.B.  1085  -  Consumer Financing/Lending 

Sponsor: Assemblymember Jeffrey Dinowitz (D)

Summary: The measure increases the monetary exclusion on the requirement for plain language in consumer contracts to $250,000.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/27­9555_­NY AB­ 1085­.doc­

Status: Introduced; referred to Assembly Judiciary Committee 1/10/2017. Hearing held; passed committee 1/23/2017. Passed Assembly; referred to Senate Judiciary Committee 1/24/2017. Returned to Assembly 1/3/2018. Passed Assembly; referred to Senate Judiciary Committee 1/17/2018

Outlook:  This measure passed 109- 0 in the Senate Judiciary Committee where Senator John Bonacic (R) Serves as Chair.

Because this measure failed to pass both chambers before the legislature convened for the 2018 legislative session, it has been referred back to its chamber of origin and placed on third reading. The measure will likely be considered by the full Assembly during the first week of session, after which it will continue through the normal legislative process in its second chamber. 

The Assembly passed the measure by a unanimous vote during the January  24 floor session.

The measure is a refile of A.B. 1152 from the 2015-2016 Legislative Session, which passed the Assembly by a unanimous vote, but failed to receive further consideration in the Senate.

The sponsor is a member of the majority party.

Companion Bill: 2017 S.B. 6069

Effective Date: 180 days after becoming law. 

NEW YORK  A.B.  2680  -  Pool/Spa Fencing and/or Covers 

Sponsor: Assemblymember Fred Thiele (D)

Summary: This measure states that an owner of real property shall have no duty to keep the premises safe from entry or use by others for swimming or bathing in state or municipal waters.

This measure includes swimming or bathing in state or municipal waters to the other listed activities for which land owners owe no duty to keep premises safe for entry and use by others. 
 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/29­4623_­Read ­Bill ­- AB ­2680 ­- As ­Filed­.pdf­

Status: Introduced; referred to Assembly Judiciary Committee 1/20/2017. Re-referred to Committee 1/03/2018.

Outlook:  This measure has been referred to the Assembly Judiciary Committee, chaired by Assemblymember Helen Weinstein (D). The sponsor is not a member of the committee of referral.

According to the sponsor: The general obligations law presently provides that an uncompensated land owner does not have a duty to keep premises safe for entry and or use by others for hunting, fishing, organized gleaning as defined in section 71 (y) of the agriculture and markets law, canoeing, boating, hiking, cross country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operations, cutting or gathering of wood for non commercial purposes or training of dogs. This bill would add swimming or bathing in state or municipal waters to those activities. On Long Island, which has many miles of shoreline, many streets terminate at the beach with the municipality having a right of way right up to the shore. These areas, although marked otherwise, are often used as access points for individuals to swim or bathe. It is virtually impossible to maintain all these areas. Consequently, these localities should not be held to a higher standard of care than that provided in section 9-103.

Companion Bill: 2017 S.B. 3227

Effective Date: immediately

 

NEW YORK  A.B.  2708  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Assemblymember Barbara Lifton (D)

Summary: This measure creates a tax credit for energy efficiency home improvements.

This measure provides an income tax credit of up to 25% of the cost of any items that improve the energy efficiency of a home, up to a maximum of $2,500. Furthermore, this measure also directs NYSERDA to adopt rules and regulations setting forth home improvements which qualify for the tax credit and have them provide such list on their website.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_Read­ Bill­ - AB­ 2708­ - As­ File­d.pdf­

Status: Introduced; referred to Assembly Ways and Means Committee 1/23/2017.Re-referred to Committee 1/03/2018.

Outlook:  This measure has been referred to the Assembly Ways and Means Committee for further consideration.

According to the sponsor: Many energy efficient products can raise the value of a home. Increased assessments as a result of increases home values could be a deterrent to a homeowner to replacing inefficient materials with energy efficient ones. This legislation will help to offset the cost of any items that improve the energy efficiency of a home (i.e. new windows, insulation).

The sponsor is a member of the majority party. 

Effective Date: Immediately

 

NEW YORK  A.B.  5290  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Assemblymember Linda Rosenthal (D)

Summary: This measure provides an exemption from state sales tax for energy-star appliances and grants municipalities the option to provide such exemption.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_Read­ Bill­ - AB­ 5290­ - As­ File­d.pdf­

Status: Introduced; referred to Assembly Ways and Means Committee 2/7/2017. Rereferred to Committee 1/3/2018

Outlook:  This measure has been referred to the Assembly Ways and Means Committee.

According to the sponsor: Energy Star qualified appliances incorporate advanced technologies that use 10-50% less energy and water than standard models. Changing to appliances that have earned the Energy Star, and the average homeowner can save $80 a year in energy costs while saving the environment. If just one in 10 homes used Energy Star qualified appliances, the change would be like planting 1.7 million new acres of trees.

Effective Date: immediately

NEW YORK  A.B.  5999  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Assemblymember Erik Dilan (D)

Summary: Current version (4/24/2018): This measure offers a sales tax exemption until April 1, 2021, on the purchase of the following energy star qualified appliances; clothes washers, dishwashers, refrigerators, room air conditioners, ceiling fans, dehumidifiers, freezers, programmable thermostats, and ventilating fans.

Current version (4/24/2018): http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_NY A­B 599­9 - V­ersio­n A.p­df­

Introduced version: http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_NY A­B 599­9 - I­ntrod­uced ­versi­on.pd­f­

Status: Introduced; referred to Assembly Ways and Means Committee 2/21/2017. Amended 4/24/2018.

Outlook:  This measure was amended during the April 24 floor session. this measure is still eligible for consideration in the Assembly Ways and Means Committee where Assemblymember Helene Weinstein (D) serves as Chair. The sponsor does not serve on the committee of referral.

According to the sponsor, " ENERGY STAR qualified appliances incorporate advanced technologies that use 10-50% less energy and water than standard models. This exemption is for appliances that have earned the ENERGY STAR rating, and the average homeowner can save $80 a year in energy costs while protecting the environment. If just one in 10 homes used ENERGY STAR qualified appliances, the change would be similar to planting 1.7 million new acres of trees."

State Outlook:  The Democratic Party controls the Assembly as well as the Governor’s Office, and the Senate is controlled

Companion Bill: 2018 S.B. 2153

Effective Date: April 1, 2019

NEW YORK  A.B.  6824  -  Building Codes/Public Health Code 

Sponsor: Assemblymember Pamela Hunter (D)

Summary: This measure directs the state fire prevention and building code council to update the state fire prevention and building code and the state energy conservation construction code.

This measure requires the updating of the State Uniform Fire Prevention and Building Code (Uniform Code) within 12 months of formal publishing by the International Code Council for the Codes currently being enforced in New York State: International Building, Fire, Residential, Plumbing, Mechanical, Fuel Gas, Existing Building, Property Maintenance Codes and the National Electrical Code published by the National Fire Protection Association.

This measure requires the updating of the State Energy Conservation and Construction Code within 12 months of formal publishing of the International Energy Conservation Code by the International Code Council and ANSI/ASHRAE/IESNA Standard 90.1 as published by ASHRAE.
 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/30­3204_­Read ­Bill ­- AB ­6824 ­- As ­Filed­.pdf­

Status: Introduced; referred to Assembly Governmental Operations Committee 3/21/2017. Hearing held; passed Assembly Governmental Operations Committee; referred to Assembly Codes Committee 6/6/2017. Hearing held; passed committee; referred to Assembly Rules Committee 6/19/2017. Returned to House; referred to House Assembly Codes Committee 1/3/2018.

Outlook:  This measure was returned to the House of Representatives at the convening of the 2018 Legislative Session. This measure has been referred to the House Assembly Codes Committee where it awaits further consideration.
Companion Bill: 2017 S.B. 4562

Effective Date: immediately

NEW YORK  A.B.  7828  -  Building Codes/Public Health Code 

Sponsor: Assemblymember Kenneth Zebrowski (D)

Summary: This measure to assures proper administration and enforcement of the Uniform Fire Prevention and Building Code and the Energy Conservation Construction Code (hereafter "Codes") by providing specific timeframes related to local opt-out of code enforcement responsibilities.

This measure authorizes the Secretary of State ("Secretary"), when he or she determines that a local government has failed to administer and enforce the Uniform Code in accordance with the Secretary's minimum standards, to appoint an oversight officer to oversee, report and (when necessary) direct the actions of a local code enforcement office. The cost of such oversight officer would be borne by the local government retaining jurisdiction.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_Read­ Bill­ - AB­ 7828­ - As­ File­d.pdf­

Status: Introduced; referred to Assembly Governmental Operations Committee 5/16/2017. Hearing held; passed committee; referred to Assembly Codes Committee 5/22/2017. Rereferred to Committee on Codes 1/3/2018

Outlook:  During the May 22 hearing, this measure passed the Assembly Governmental Operations Committee with a vote of 11-0. Testimony was allowed by the chair, Assemblymember Crystal People-Stokes (D), however, none was made public. This measure awaits further consideration in the Assembly Codes Committee, chaired by Assemblymember Joseph Lentol (D).

Effective Date: immediately

different jurisdictions over the budget. Once both chambers passed their own respective budget bills, a conference committee is appointed to resolve the differences between the two versions. After passage, the final budget is sent to the Governor for approval.

Companion Bill: 2017 S.B. 3246

Effective Date: 180 days after becoming law

 

NEW YORK  A.B.  9561  -  Building Codes/Public Health Code 

Sponsor: Assemblymember Steven Englebright (D)

Summary: This measure would allow local governments to enact construction ordinances that are more restrictive than the NYS Uniform Fire Prevention and Building Code without the approval of the State Building Code Council.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_NY A­B 956­1 - I­ntrod­uced ­Versi­on.pd­f­

Status: Introduced; referred to the Assembly Governmental Operations Committee 1/23/2018.

Outlook:  This measure has been referred to the Assembly Governmental Operations Committee where Assemblymember Crystal Peoples-Stokes (D) serves as Chair.

According to the sponsor, "Local governments are presently required to send all local ordinances or laws relating to construction to the State Building Code Council for review and approval. This bill would remove that restriction. Local governments should be allowed to pursue more restrictive construction requirements for houses and other structures without having to wait for approval from the State Building Code Council. Construction regulation should proceed without government bureaucratic delays."

Effective Date: Upon Passage

**NEW YORK  A.B.  9799  -  Energy Efficiency Standards 

Sponsor: Assemblymember Pamela Hunter (D)

Summary: Current version (5/9/2018): This measure includes the incorporation of resource conservation, energy, efficiency, green technologies, and alternative and renewable energy measures in a project into a uniform tax exemption policy. 

Current version (5/9/2018):http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/33­0064_­NY AB­ 9799­ - Ve­rsion­ B.pd­f­

Amended version (5/9/2018): http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/33­0064_­NY AB­ 9799­ - Ve­rsion­ A.pd­f­

Introduced version: http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/33­0064_­NY AB­ 9799­ - In­trodu­ced V­ersio­n.pdf­

Status: Introduced; referred to Assembly Local Governments Committee 2/9/2018. Amended; amended 5/9/2018. Hearing held; passed committee; referred to Assembly Ways and Means Committee 5/15/2018. Hearing held; passed committee 5/22/2018. Passed Assembly; referred to Senate Local Government Committee 5/31/2018.

Outlook:  This measure passed the Assembly unanimously during the May 31 floor session. This measure has been referred to the Senate Local Government Committee where Senator Kathleen Marchione (R) serves as Chair.

Effective Date: Seven Days after Passage

NEW YORK  A.B.  10305  -  CHEMICALS/CHLORINE/CYANURIC ACID 

Sponsor: Assemblymember Vivian Cook (D)

Summary: This measure states that to the extent funds are available, the department shall, in consultation with New York retailers and product manufacturers, establish a program to:
1) provide information to retailers with respect to the hazardous products specified in subdivision two of this section and environmentally safer alternatives to those products; 
2) provide labels for retail use with respect to the hazardous products; 
3) provide pamphlets for consumers, to be made available by retailers at the point of sale, describing the toxicity of these hazardous products, safer disposal methods, and alternative products which are environmentally safer; and 
4) require that retail establishments display these labels and pamphlets on shelves, or in the immediate vicinity of hazardous products, within one year of the effective date of this section.

This measure defines "Hazardous products" for the purposes of this section are defined as follows: 
1) Drain cleaners, sink and toilet bowl cleaners, and oven cleaners; and
2) swimming pool chemicals.

However, the department may, by regulation, add to or delete from the list established in this measure, as deemed appropriate. Similarly, the department may delete from the list specific products that do not contain a hazardous chemical in concentration at or above one percent. A hazardous chemical, for purposes of this section, shall be consistent with hazardous chemicals listed in regulations promulgated in accordance with title 9 of article 27 of this chapter. A product manufacturer of any product listed in subdivision two of this section may petition the department for an exemption if the product does not contain a hazardous chemical in concentration at or above one percent.


http:­//leg­islat­ion.n­ysena­te.go­v/pdf­/bill­s/201­7/A10­305­

Status: Introduced; referred Assembly Environmental Conservation Committee 4/10/2018.

Outlook:  This measure awaits consideration in the Assembly Environmental Conservation Committee, chaired Assemblymember Steven Englebright (D). The sponsor is not a member of the committee of referral.

According to the sponsor: contain the same toxic, explosive, and corrosive chemicals also found in high volume, commercial and industrial by-products and wastes. Federal and state laws require industrial and commercial generators of hazardous substances and wastes to track the hazardous chemicals they use and to dispose of them at specially equipped landfills and incinerators. But similar regulations and safeguards are not applied to hazardous wastes generated by households. Products commonly used in households that contain hazardous substances include pesticides, fertilizers, paint thinners, cleaning fluids, drain openers, and various automotive chemicals. One study found that the average U.S. household may have from three to ten gallons of unwanted, leftover hazardous chemicals stored unsafely at their residence. Additionally, there are few sound disposal methods currently available for even the most aware consumer. Consequently, most, if not all, of those hazardous wastes end up buried in a landfill or flowing through municipal sewage treatment plants that are not equipped to remove or detoxify them. Current disposal practices pose dangers as home fire hazards and as occupational hazards to sanitation workers. Moreover, household hazardous wastes are suspected of contaminating groundwater through leaking landfills, and surface waters through discharges from poorly equipped sewage treatment plants. The remediation of such contamination is often very costly to the community and the State.Around the nation, local and state governments have responded by spending heavily on collective drives to keep household users from simply pouring leftover products down the drain or tossing them into the trash can. Such drives are costly and not necessarily effective because they are typically held irregularly and infrequently. Furthermore, questions surrounding municipal liability for such programs have caused many communities to cancel or forego household hazardous waste collection days. The reduction of the use of household hazardous products is a more economical and efficient approach than collection drives. Voluntary choices by informed consumers will substantially reduce the generation of household hazardous wastes and prevent improper disposal. Information indicating that a household product is hazardous shall be readily displayed by retailers on product shelves through the use of shelf labels.Information about disposal and environmentally safer alternatives shall be contained in brochures to be displayed nearby. By providing adequate consumer information at the point of retail selection, the amount of household hazardous wastes entering the waste stream and contaminating the environment will be significantly reduced. This is because most citizens will voluntarily choose to protect the environment and not pollute it. A similar law has existed in the State of Vermont since 1990.


 

NEW YORK  A.B.  10495  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Assemblymember Victor Pichardo (D)

Summary: This measure provides for a tax credit for Homeowners and businesses investing in green infrastructure.

More specifically, this measure provide homeowners and businesses with a tax credit of up to 50%,(not exceeding $5000) of the cost of constructing any cost effective and resilient methods of managing wet weather impacts.

This measure also states that a qualified business shall be entitled to a credit against tax imposed by this article. The amount of the credit shall be up to fifty percent of the cost of construction, not exceeding five thousand dollars.

This measure defines "green infrastructure" as any cost-effective, resilient approach to managing wet weather impacts that provides many community benefits. For example, while single-purpose gray stormwater infrastructure, conventional piped drainage and water treatment systems are designed to move urban stormwater away from the built environment, green infrastructure reduces and treats stormwater at its source while delivering environmental, social and economic benefits. Green infrastructure shall include but not be limited to downspout disconnection, rainwater harvesting, rain gardens, planter boxes, permeable pavements, and green roofs.

http:­//leg­islat­ion.n­ysena­te.go­v/pdf­/bill­s/201­7/A10­495­

Status: Introduced; referred to Assembly Ways and Means Committee 4/30/2018.

Outlook:  This measure awaits consideration in the Assembly Ways and Means Committee, chaired by Assemblymember Helene Weinstein (D). The sponsor is not a member of the committee of referral.

According to the sponsor: Storm water runoff significantly contributes to water pollution in urban areas. Rain water falling on roofs, streets, and parking lots in cities and their suburbs cannot soak into the ground as it should. Nearby bodies of water are the recipient of discharge from storm water drains, storm sewers, and other engineered collection systems. The runoff carries trash, bacteria, heavy metals, and other pollutants from the urban landscape. Higher flows resulting from heavy rains also can cause erosion and flooding in urban streams, damaging habitat, property, and infrastructure.
 

NEW YORK  S.B.  715  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Senator Robert Ortt (R)

Summary: Current version (1/25/2018):This measure states that a taxpayer who purchases and installs a water purification or filtration system in their residence and/or business, if such residence or business is located within this state, shall be allowed a tax credit against the tax otherwise imposed under this article in an amount equal to five hundred dollars.

Current version (1/25/2018):
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/27­7753_­Read ­Bill ­- SB ­715 -­ Vers­ion A­.pdf­

Introduced version: 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/27­7753_­Read ­Bill ­- SB ­715 -­ As F­iled.­pdf­
 
Status: Introduced; referred to the Committee on Senate Investigations and Government Operations 1/4/2017. Failed to advance; returned to Senate Investigations and Government Operations  Committee 1/3/2018. Amended 1/25/2018.

Outlook:  This measure was amended. The amendment delays the effect date by one year. This measure awaits consideration in the Senate Investigations and Government Operations Committee, chaired by Senator Murphy Terrence (R). The sponsor is not a member of the committee of referral.

According to the sponsor, "across the state, we have seen instances of contamination in our drinking water. In many cases, the best method to reduce or eliminate the contamination is through the professional installation of a water purification or filtration system. The purchase and installation of the water purification or filtration systems can cause a significant financial burden on the individuals, families, and businesses. Their water was contaminated through no fault of their own, and they should not be expected to bear the burden of this corrective measure."

This measure has not garnered the support of co-sponsors.

Companion Bill: 2017 A.B. 1838

Effective Date: Immediately

 

NEW YORK  S.B.  876  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Senator Robert Ortt (R)

Summary: This measure establishes an exemption for the sale and installation of residential and commercial geothermal heat pump systems. 

This measure defines "residential geothermal heat pump system equipment" as an arrangement or combination of components installed in and around a residential building that uses the ground or ground water as a thermal energy sources or as a thermal energy sink designed to provide and distribute heating and/or cooling and/ or hot water, also commonly referred to as ground source heat pump systems.  

This measure states that where a county containing one or more cities with a population of less than one million has elected the exemption for commercial geothermal heat pump systems equipment and installation, a city within such county shall have the prior right to impose tax on such exempt equipment and/or installation to the extent of one half of the maximum rates. States that where a city of less than one million has elected the exemption for commercial geothermal heat pump systems equipment and installation, the county in which such city is located shall have the prior right to impose tax on such exempt equipment and/or installation to the extent of one half of the maximum rates.
 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_Read­ Bill­ - SB­ 876 ­- As ­Filed­.pdf­

Status: Introduced; referred to Senate Energy and Telecommunications Committee 1/5/2017.

Outlook:  This measure has been referred to the Senate Energy and Telecommunications Committee, chaired by Senator Joseph Robach (R). The sponsor is not a member of the committee of referral.

According to the sponsor: Geothermal energy, a renewable energy source, is a reliable and effective way to reduce the need for carbon based energy sources. By eliminating sales and use tax for both the purchase and installation of geothermal systems, more New York State residents would be able to afford this energy course. Similar laws exist to exempt sales and use tax for the purchase and installation of solar equipment.

The sponsor is a member of the majority party and has reintroduced this measure from the last legislative session, where it passed in the Senate.

 

NEW YORK  S.B.  2153  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Senator Carl Marcellino (R)

Summary: Current version (2/15/2018): This measure offers a sales tax exemption until April 1, 2021, on the purchase of the following energy star qualified appliances; clothes washers, dishwashers, refrigerators, room air conditioners, ceiling fans, dehumidifiers, freezers, programmable thermostats, and ventilating fans.

Current version (2/15/2018): http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/33­9824_­NY SB­ 2153­ - Ve­rsion­ A.pd­f­

Introduced version: http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/33­9824_­NY SB­ 2153­ - In­trodu­ced v­ersio­n.pdf­

Status: Introduced; referred to Senate Investigations and Government Operations Committee 1/12/2017. Hearing held; passed committee; referred to Senate Finance Committee 5/16/2017. Re-referred to Senate Rules Committee; hearing held; passed committee; passed Senate; referred to Assembly Ways and Means Committee 6/20/2017. Returned to Senate; referred to Senate Investigations and Government Operations Committee 1/3/2018. Amended 2/15/2018.

Outlook:  This measure was amended during the February 15 floor session. It is still eligible for consideration in the Senate Investigations and Government Operations Committee where Senator Terrence Murphy (R) serves as Chair.

According to the sponsor, " ENERGY STAR qualified appliances incorporate advanced technologies that use 10-50% less energy and water than standard models. This exemption is for appliances that have earned the ENERGY STAR rating, and the average homeowner can save $80 a year in energy costs while protecting the environment. If just one in 10 homes used ENERGY STAR qualified appliances, the change would be similar to planting 1.7 million new acres of trees."

Companion Bill: 2018 A.B. 5999

Effective Date: April 1, 2019

NEW YORK  S.B.  2217  -  Energy Efficiency Standards 

Sponsor: Senator Kevin Parker (D)

Summary: This measure states that the Emission Allowance Programs are:
1) to continue to receive from the Department of Environmental Conservation or other regulatory authority or agency, and to make available for sale or auction, emission or environmental allowances or credits;
2) to use the proceeds of such sales to promote the purposes of the programs under which the emissions or environmental allowances or credits were received, including promoting and implementing programs for energy efficiency, renewable or non-carbon emitting technologies, innovative carbon emissions abatement technologies, reducing greenhouse gas emissions in the power sector and other programs to benefit consumers and the public and
3) to enter into agreements and understandings with any entity to assist the authority in carrying out the purposes of the programs.

Futhermore, this measure requires the Department of Environmental Conservation, with the Public Service Commission and the New York State Energy Research and Development Authority to:
1) amend current code, rules and regulations to cover electricity imported into the state, regulate by the imposition of equivalent fees on the carbon intensity of electricity imported into the state;
2) maintain the environmental integrity of the multi-state program in which the state participates that was established as a means of reducing emissions from electric generating facilities;
3) reduce the State's allowance allocations in an amount that would be consistent with its allowance under a regional cap of 85 million tons;
4) require that at the end of each compliance period all unsold allowances be retired; link with other jurisdictional programs and
5) increase the reserve price to $10 per allowance and establish a cost containment ceiling price for the sale or auction of emission allowances, as deemed appropriate by the Department.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/28­3723_­Read ­Bill ­- SB ­2217 ­- As ­Filed­.pdf­

Status: Introduced; referred to Senate Energy and Telecommunications Committee 1/12/2017.

Outlook:  This measure has been referred to the Senate Energy and Telecommunications Committee, chaired by Senator Joseph Griffo (R). The sponsor is the ranking member of the committee of referral.

According to the sponsor:  The purpose for this legislation to reinvest the proceeds from the Regional Greenhouse Gas Initiative (RGGI) to promote energy efficiency, energy conservation and the installation of renewable energy technologies; reduce energy consumption and energy costs; reduce greenhouse gas emissions; support sustainable community development; and create local New York job opportunities in the energy fields of tomorrow.

The sponsor is a member of the minority and has introduced this measure every legislative session since 2014.

The Assembly and Senate adjourned for recess June 21, 2017. Measures may still receive consideration after adjournment at the discretion of Speaker Carl Heastie (D) or Senate President John Flanagan (R). Speaker Heastie or Senate President Flanagan would need to call their respective chamber to order and schedule a measure to be considered.

State Outlook:  The Democratic Party controls the Assembly as well as the Governor’s Office, and the Senate is controlled by a coalition of the Republican Party and the Independent Democratic Conference (IDC). The Legislature convenes on the Wednesday after the first Monday in January and usually adjourns towards the end of June; however, members can be called back at any time. When a bill is introduced, it may be referred to a committee. Committees are not required to hear every bill referred to them. However, legislators are permitted to submit requests for consideration that would require the committee to formally vote on the measure. New York utilizes companion bills in the opposite chamber that contain identical text to expedite the legislative process. A bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process in its chamber of origin, although having a companion is not necessary for passage. Any bill that requires an expenditure of state funds must go to the Assembly Ways and Means Committee or the Senate Finance Committee. When the Speaker of the Assembly and the Senate President both co-sponsor a bill, it is extremely likely to be approved by the Governor.

If the measure receives a public hearing, members of the public may testify on the bill, and legislators may amend or substitute the measure.  All meetings are open to the public, although the committee can elect to hold an executive session to discuss measures in private by a simple majority vote. The Senate is permitted to vote on bills during an executive session, but the Assembly is not. Bills are read for the second time after being reported out of committee. After second reading, bills are placed on third reading the following legislative day. Bills in New York require three readings for final passage in each chamber. Bills may be amended on any reading as long as the amendments are germane to the original bill. A common method of killing a bill is to amend it by striking the enacting clause. The Governor has the power to issue a “message of necessity” which allows legislation to forego the three-day aging period and be brought to an immediate vote.

New York’s budget process occurs on an annual basis and contains policy and appropriations. The Governor sends a balanced proposal in the form of various appropriations bills. The proposal and appropriations bills are considered in the Senate Finance Committee and the Assembly Ways and Means Committee, and hearings are held in subcommittees with different jurisdictions over the budget. Once both chambers passed their own respective budget bills, a conference committee is appointed to resolve the differences between the two versions. After passage, the final budget is sent to the Governor for approval.

Effective Date: immediately

 

NEW YORK  S.B.  3227  -  Pool/Spa Fencing and/or Covers 

Sponsor: Senator Kenneth LaValle (R)

Summary: This measure states that an owner of real property shall have no duty to keep the premises safe from entry or use by others for swimming or bathing in state or municipal waters.

This measure includes swimming or bathing in state or municipal waters to the other listed activities for which land owners owe no duty to keep premises safe for entry and use by others.
 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_Read­ Bill­ - SB­ 3227­ - As­ File­d.pdf­

Status: Introduced; referred to Senate Judiciary Committee 1/20/2017. Re-referred to committee 1/3/2018.

Outlook:  This measure has been referred to the Senate Judiciary Committee, chaired by Senator John Bonacic (R). The sponsor is a member of the committee of referral.

According to the sponsor: The general obligations law presently provides that an uncompensated land owner does not have a duty to keep premises safe for entry and or use by others for hunting, fishing, organized gleaning as defined in section 71 (y) of the agriculture and markets law, canoeing, boating, hiking, cross country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operations, cutting or gathering of wood for non commercial purposes or training of dogs. This bill would add swimming or bathing in state or municipal waters to those activities. On Long Island, which has many miles of shoreline, many streets terminate at the beach with the municipality having a right of way right up to the shore. These areas, although marked otherwise, are often used as access points for individuals to swim or bathe. It is virtually impossible to maintain all these areas. Consequently, these localities should not be held to a higher standard of care than that provided in section 9-103.

State Outlook:  The Democratic Party controls the Assembly as well as the Governor’s Office, and the Senate is controlled by a coalition of the Republican Party and the Independent Democratic Conference (IDC). The Legislature convenes on the Wednesday after the first Monday in January and usually adjourns towards the end of June; however, members can be called back at any time. When a bill is introduced, it may be referred to a committee. Committees are not required to hear every bill referred to them. However, legislators are permitted to submit requests for consideration that would require the committee to formally vote on the measure. New York utilizes companion bills in the opposite chamber that contain identical text to expedite the legislative process. A bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process in its chamber of origin, although having a companion is not necessary for passage. Any bill that requires an expenditure of state funds must go to the Assembly Ways and Means Committee or the Senate Finance Committee. When the Speaker of the Assembly and the Senate President both co-sponsor a bill, it is extremely likely to be approved by the Governor.

If the measure receives a public hearing, members of the public may testify on the bill, and legislators may amend or substitute the measure.  All meetings are open to the public, although the committee can elect to hold an executive session to discuss measures in private by a simple majority vote. The Senate is permitted to vote on bills during an executive session, but the Assembly is not. Bills are read for the second time after being reported out of committee. After second reading, bills are placed on third reading the following legislative day. Bills in New York require three readings for final passage in each chamber. Bills may be amended on any reading as long as the amendments are germane to the original bill. A common method of killing a bill is to amend it by striking the enacting clause. The Governor has the power to issue a “message of necessity” which allows legislation to forego the three-day aging period and be brought to an immediate vote.

New York’s budget process occurs on an annual basis and contains policy and appropriations. The Governor sends a balanced proposal in the form of various appropriations bills. The proposal and appropriations bills are considered in the Senate Finance Committee and the Assembly Ways and Means Committee, and hearings are held in subcommittees with different jurisdictions over the budget. Once both chambers passed their own respective budget bills, a conference committee is appointed to resolve the differences between the two versions. After passage, the final budget is sent to the Governor for approval.

Companion Bill: 2017 A.B. 2680

Effective Date: immediately

 

NEW YORK  S.B.  3246  -  Energy Efficiency Standards 

Sponsor: Senator Kevin Parker (D)

Summary: This measure enacts the energy conservation and water temperature management act.

This meausre requires the New York State Energy Research and Development Authority (NYSERDA) to study the savings generated by better management of water temperature in public buildings and facilities, multiple dwellings and tenant-occupied one-family and two-family dwellings throughout the state.

This measure states that public buildings and facilities shall conserve energy by lowering the temperature of hot water below one hundred twenty degrees Fahrenheit.

This measure states that no bathtub, shower, washbasin or sink in any dwelling unit in a multiple dwelling or tenant-occupied one-family or two-family dwelling shall emit water having a temperature in excess of one hundred twenty degrees Fahrenheit. Furthermore, any owner of a dwelling found to emit water that exceeds the standard of this subdivision shall be in violation of this section and shall be liable for a fine.

Furthermore, this measure states that any owner of a dwelling who installs a water temperature control device shall not be: 
1) responsible to any person for injuries caused solely by the failure of such device to operate properly if such failure results from the device being tampered with or rendered inoperable by any invitee or licensee in such building or facility; or
2) responsible to any person or subject to penalty of law for failure to deliver hot water continuously or at any minimum temperature required by any law, rule or regulation solely by reason of the proper operation of the water temperature control device.


This measure states that if any municipal corporation enacts a local law, rule, ordinance, or regulation relating to the minimum temperature of tap water supplied to a public building or facility or a residence, the municipal corporation shall ensure that such minimum temperature is no higher than one hundred ten degrees Fahrenheit.


http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_Read­ Bill­ - SB­ 3246­ - As­ File­d.pdf­

Status: Introduced; referred to Senate Energy and Telecommunications Committee 1/20/2017. Re-referred to committee 1/3/2018.

Outlook:  This measure has been referred to the Senate Energy and Telecommunications Committee, chaired by Senator Joseph Griffo (R). The sponsor serves on the committee of referral.

According to the sponsor: According to the Office of Energy Efficiency and Renewable Energy (EERE) of the U.S. Department of Energy (DOE), for each 10 degrees Fahrenheit reduction in water temperature, a building/facility's owner or operator can save between three and five percent in energy costs. This is important because the cost of heating water can be as much as 12 percent of utility costs, on average, according to the U.S. Department of Energy's Office of Energy Efficiency Renewable Energy. See www.eere.energy.gov and wwwnh.gov/oep/programs/energy/documents/heating_and_cooling energy_saving_tips.pdf. Reducing water temperature is important because a number of thermostats for older water heaters were set by their manufacturers at 140 degrees Fahrenheit. In many state buildings and facilities, and dwellings, the original water heater thermostat setting is not adjusted downward despite the potential for significant energy savings. A reduction from the original 140 degrees Fahrenheit to 120 degrees Fahrenheit could lead to as much as ten percent in energy costs savings. Furthermore, reducing a building, facility or dwelling's water temperature to 120 degrees. Fahrenheit also slows mineral buildup and corrosion in water heaters and pipes. The American Council for an Energy-Efficient Economy believes this helps water heaters last longer and operate at maximum efficiency. See www.ecosma/tus.comltechnology/technical article_details.cfm?news. 12 (last visited on May 18, 2009) and www.aceee.org/consumerguide/waterheating.htmftinimize. In addition, the Gas Appliance Manufacturers Association has pre-set all of the water tanks nationwide to 120 degrees Fahrenheit since 1988 and several states, including Delaware, New Jersey, and Maryland, have already mandated a state limit of 120 degrees Fahrenheit. Finally, the U.S. Consumer Product Safety Commission (CPSC) urges all users to lower their water heaters to 120 degrees Fahrenheit. Each year, approximately 3,800 injuries and 34 deaths occur in the home due to scalding from excessively hot tap water. The majority of these accidents involve the elderly and children under the age of five. In addition to preventing accidents, decreasing water temperature, in the CPSC's opinion, will conserve energy and save money.

The sponsor is a member of the minority party. This measure has not garnered the support of cosponsors.

State Outlook:  The Democratic Party controls the Assembly as well as the Governor’s Office, and the Senate is controlled by a coalition of the Republican Party and the Independent Democratic Conference (IDC). The Legislature convenes on the Wednesday after the first Monday in January and usually adjourns towards the end of June; however, members can be called back at any time. When a bill is introduced, it may be referred to a committee. Committees are not required to hear every bill referred to them. However, legislators are permitted to submit requests for consideration that would require the committee to formally vote on the measure. New York utilizes companion bills in the opposite chamber that contain identical text to expedite the legislative process. A bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process in its chamber of origin, although having a companion is not necessary for passage. Any bill that requires an expenditure of state funds must go to the Assembly Ways and Means Committee or the Senate Finance Committee. When the Speaker of the Assembly and the Senate President both co-sponsor a bill, it is extremely likely to be approved by the Governor.

If the measure receives a public hearing, members of the public may testify on the bill, and legislators may amend or substitute the measure.  All meetings are open to the public, although the committee can elect to hold an executive session to discuss measures in private by a simple majority vote. The Senate is permitted to vote on bills during an executive session, but the Assembly is not. Bills are read for the second time after being reported out of committee. After second reading, bills are placed on third reading the following legislative day. Bills in New York require three readings for final passage in each chamber. Bills may be amended on any reading as long as the amendments are germane to the original bill. A common method of killing a bill is to amend it by striking the enacting clause. The Governor has the power to issue a “message of necessity” which allows legislation to forego the three-day aging period and be brought to an immediate vote.

New York’s budget process occurs on an annual basis and contains policy and appropriations. The Governor sends a balanced proposal in the form of various appropriations bills. The proposal and appropriations bills are considered in the Senate Finance Committee and the Assembly Ways and Means Committee, and hearings are held in subcommittees with different jurisdictions over the budget. Once both chambers passed their own respective budget bills, a conference committee is appointed to resolve the differences between the two versions. After passage, the final budget is sent to the Governor for approval.

Companion Bill: 2017 A.B. 8570

Effective Date: 180 days after becoming law

 

NEW YORK  S.B.  3410  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Senator Kevin Parker (D)

Summary: This measure creates a tax exemption from sales and compensating use taxes for alternative energy systems.

This measure defines alternative energy systems as new Energy Star appliances and tangible personal property used in or on habitable residential and nonresidential structures for the purpose of improving energy efficiency. Furthermore, systems include systems which do not rely on petroleum products or natural gas as their energy source, new Energy Star appliances, and insulation, weather stripping, and products such as roofing, windows, doors and skylights approved by the Energy Star program.
 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/29­4714_­Read ­Bill ­- SB ­3410 ­- As ­Filed­.pdf­

Status: Introduced; referred to Senate Investigations and Government Operations Committee 1/23/2017. Re-referred to committee 1/3/2018.

Outlook:  This measure has been referred to the Senate Investigations and Government Operations Committee, chaired by Senator Terrence Murphy (R). The sponsor is not a member of the committee of referral.

According to the sponsor:  Energy Star products are manufactured and labeled in accordance with criteria, determined by the US Environmental Protection Agency and the US Department of Energy with input from the appliance manufacturing industry. These products are more energy efficient than required by the current Federal minimum energy efficiency standards. Providing an exemption for these products will encourage consumers to purchase energy efficient appliances, insulation, weather stripping, and products such as doors, roofing, windows, and skylights that meet Energy Star standards.

State Outlook:  The Democratic Party controls the Assembly as well as the Governor’s Office, and the Senate is controlled by a coalition of the Republican Party and the Independent Democratic Conference (IDC). The Legislature convenes on the Wednesday after the first Monday in January and usually adjourns towards the end of June; however, members can be called back at any time. When a bill is introduced, it may be referred to a committee. Committees are not required to hear every bill referred to them. However, legislators are permitted to submit requests for consideration that would require the committee to formally vote on the measure. New York utilizes companion bills in the opposite chamber that contain identical text to expedite the legislative process. A bill may be substituted for its companion in the opposite chamber if that bill has already undergone the committee process in its chamber of origin, although having a companion is not necessary for passage. Any bill that requires an expenditure of state funds must go to the Assembly Ways and Means Committee or the Senate Finance Committee. When the Speaker of the Assembly and the Senate President both co-sponsor a bill, it is extremely likely to be approved by the Governor.

If the measure receives a public hearing, members of the public may testify on the bill, and legislators may amend or substitute the measure.  All meetings are open to the public, although the committee can elect to hold an executive session to discuss measures in private by a simple majority vote. The Senate is permitted to vote on bills during an executive session, but the Assembly is not. Bills are read for the second time after being reported out of committee. After second reading, bills are placed on third reading the following legislative day. Bills in New York require three readings for final passage in each chamber. Bills may be amended on any reading as long as the amendments are germane to the original bill. A common method of killing a bill is to amend it by striking the enacting clause. The Governor has the power to issue a “message of necessity” which allows legislation to forego the three-day aging period and be brought to an immediate vote.

New York’s budget process occurs on an annual basis and contains policy and appropriations. The Governor sends a balanced proposal in the form of various appropriations bills. The proposal and appropriations bills are considered in the Senate Finance Committee and the Assembly Ways and Means Committee, and hearings are held in subcommittees with different jurisdictions over the budget. Once both chambers passed their own respective budget bills, a conference committee is appointed to resolve the differences between the two versions. After passage, the final budget is sent to the Governor for approval.

Effective Date:  The act will take effect immediately, and will expire two years after the enactment date. 

NEW YORK  S.B.  4562  -  Building Codes/Public Health Code 

Sponsor: Senator Elizabeth Little (R)

Summary: This measure directs the state fire prevention and building code council to update the state fire prevention and building code and the state energy conservation construction code.

This measure requires the updating of the State Uniform Fire Prevention and Building Code (Uniform Code) within 12 months of formal publishing by the International Code Council for the Codes currently being enforced in New York State: International Building, Fire, Residential, Plumbing, Mechanical, Fuel Gas, Existing Building, Property Maintenance Codes and the National Electrical Code published by the National Fire Protection Association.

This measure requires the updating of the State Energy Conservation and Construction Code within 12 months of formal publishing of the International Energy Conservation Code by the International Code Council and ANSI/ASHRAE/IESNA Standard 90.1 as published by ASHRAE.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_Read­ Bill­ - SB­ 4562­ - As­ File­d.pdf­

Status: Introduced; referred to Senate Housing and Construction Committee 2/17/2017. Re-referred to committee 1/3/2018.

Outlook:  This measure has been referred to the Senate Housing and Construction Committee, chaired by the sponsor.
Companion Bill: 2017 A.B. 6824

Effective Date: immediately

 

NEW YORK  S.B.  7882  -  Energy Efficiency Standards TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Senator Jose Peralta (IDC)

Summary: This measure establishes the small business energy efficiency tax credit for the purchase of ENERGY STAR compliant energy efficiency improvements.
 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_NY S­B 788­2 - I­ntrod­uced ­Versi­on.pd­f­

Status: Introduced; referred to Senate Investigations and Government Operations Committee 3/6/2018.

Outlook:  This measure has been referred to the Senate Investigations and Government Operations Committee where Senator Terrence Murphy (R) serves as Chair. The sponsor does not serve on the committee of referral. 

This measure does not have a companion bill at this time. 

Effective Date: Upon Passage

PENNSYLVANIA  H.B.  1143  -  BUILDING CODES 

Sponsor: Representative Tim Briggs (D)

Summary: The Department of Health shall periodically update and promulgate regulations to be consistent with the Model Aquatic Health Code prepared by the United States Department of Health and Human Services Centers for Disease Control and Prevention with respect to safety, preventive maintenance, health hazards, training and other areas as determined by the department. 

http:­//www­.legi­s.sta­te.pa­.us/C­FDOCS­/Legi­s/PN/­Publi­c/btC­heck.­cfm?t­xtTyp­e=PDF­&sess­Yr=20­17&se­ssInd­=0&bi­llBod­y=H&b­illTy­p=B&b­illNb­r=114­3&pn=­1366­

Status: Introduced; referred to House Health Committee 4/12/2017.

Outlook:  This measure has been referred to the House Health Committee, where Representative Matthew Baker (R) serves as Chair. The sponsor does not serve on the committee of referral. 

According to the sponsor, this measure is similar to H.B. 2056, which he introduced during the 2016 legislative session. H.B. 2056 was referred to the House Health Committee, where it failed to pass the committee of referral. Additionally, the sponsor stated that existing regulations for public swimming and bathing places in Pennsylvania have not been substantively updated since the 1970s. My legislation amends the Public Bathing Law to require the Department of Health to periodically update and promulgate regulations to be consistent with the Model Aquatic Health Code with respect to safety, preventive maintenance, health hazards, training and other areas as determined by the department. It is my hope that this will encourage the department and public swimming places throughout the Commonwealth to implement current and future best practices to ensure the safety of all patrons.


The sponsor is a member of the minority party. This measure has garnered the support of cosponsors.

Effective Date: 60 Days following Enactment

 

 

 

REGULATIONS

New Jersey

NJ Department of Community Affairs, Division of Codes and Standards proposed rule: Uniform Construction Code 
SubIssue : Pools & Spas

First Reported: 08/09/2017
Date Updated: 04/23/2018
Contact: Kathleen Asher (609) 292-6420
Citation: Proposed Amendments: N.J.A.C. 5:23-2.15, 2.20, 3.2, 3.4, 3.14, 4.4, 4.5, 4.12, 4.13, 4.14, 4.18, 4D.3, 4D.4, and 6.2; Proposed New Rule: N.J.A.C. 5:23-7.1
Upcoming Action: Comments Due 10/6/2017
Status: Comments
Regulation ID: NJ35523

Service Type: Regulatory Alert

Rule Summary: 

The Division proposed a new rule under the Uniform Construction Code. Among other provisions, the rule removes an existing exemption in state code for multifamily dwelling units from being required to provide barrier free access to swimming pools and similar facilities. Comments are due 10/6/2017.

Notice of Proposed Rule: 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/39­076_4­9_NJR­_2332­_a_.p­df­

New York

NY Department of State final rule effective 10/31/2017: New York State Uniform Fire Prevention and Building Code 
SubIssue : Pools & Spas

First Reported: 04/08/2017
Date Updated: 10/03/2017
Contact: Gerard Hathaway (518) 474-4073
Citation: DOS-14-17-00004; 19 NYCRR 1220.1(b), (c), 1221.1(b), (c), 1222.1(b), (c), 1223.1(b), (c), 1224.1(b), (c), 1225.1(b), (c), 1226.1(b), (c), 1227.1(b), (c), 1228.4, 1228.17, 1264.4, 1265.3; and repeal of section 1226.1(d)
Upcoming Action: Nothing scheduled 
Status: Final
Regulation ID: NY34494

Service Type: Regulatory Alert


Rule Summary: 

The Department adopted amendments to its regulations to revise specific references and sections in the 2015 “I-Codes,” including the 2015 International Residential Code, the 2015 International Building Code, the 2015 International Plumbing Code, and others. Notice of the final rules was published in the New York State Register. The rules are effective 10/31/2017.

Notice of Final Rule (pdf p. 24):
https­://do­cs.do­s.ny.­gov/i­nfo/r­egist­er/20­17/au­g2/Ru­le%20­Makin­g.pdf­

Notice of Proposed Rule (pdf p. 22):
https­://do­cs.do­s.ny.­gov/i­nfo/r­egist­er/20­17/ap­ril4/­pdf/R­ule%2­0Maki­ng.pd­f­

Full Text of Proposed Rules:
https­://ww­w.dos­.ny.g­ov/DC­EA/pd­f/Ful­lText­Rule_­RISFu­llTex­t.pdf

Scroll Up