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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

Federal

Visit www.apsp.org for more information on Federal legislation.



 

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

CONNECTICUT  Session Committee Meeting: General Law Committee   -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Summary: The General Law Committee will meet to discuss concepts related to occupational licensing and building trades. Connecticut is in their budget session, and according to rule, all non-budgetary measures must be introduced by a committee, instead of being individually sponsored. These types of meetings are simply used to give a committee the authorization to draft a bill related to a certain concept. These meetings usually consist of an affirmative or negative vote to draft legislative concepts and are open to the public, but testimony is not generally accepted.

https­://ww­w.cga­.ct.g­ov/20­18/GL­data/­ca/20­18ca-­00222­-R001­400GL­-ca.h­tm­

NOTE:  Through contact with legislative office, stateside determined the occupational licenses being reviewed for change were allied health professionals.  We will continue to monitor as discussion continues

**CONNECTICUT  H.B.  5320  -  LICENSING FOR POOL/SPA (HOME IMPROVEMENT CONTRACTORS) 

Sponsor: CT Joint Committee on General Law

Summary: This measure directs the Commissioner of Consumer Protection to adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, the Uniform Administrative Procedure Act, regarding occupational licensing and the building trades.

https­://ww­w.cga­.ct.g­ov/20­18/TO­B/h/p­df/20­18HB-­05320­-R00-­HB.pd­f­

Status: Introduced; referred to Joint Committee on General Law 2/28/2018.  Hearing held 3/15/2018. Hearing held; substituted; passed committee 3/20/2018.

Outlook:  The Joint Committee on Labor and Public Employees voted 15-2 to report this measure as substituted March 20. The substituted version of the bill has not yet been published. This measure has been filed with the Legislative Commissioners’ Office to be checked for constitutionality and consistency with other laws. The measure will next be referred to another committee or to the House floor. If the measure is referred to another committee, the committee will have seven days to vote on the measure from the day it was referred to the committee.

At the March 15 hearing, no action was taken on this measure. Testimony was offered in support of the measure by the Plumbers and Steam Fitters Local Union 777, ACLU, and the Mechanical Contractors Association of Connecticut. The Foundation for Fair Contracting of Connecticut and AFL-CIO testified in favor of stronger debarment language.

This measure is a raised bill formally introduced by the Joint Committee on General Law. Committee referral does not guarantee this measure will be considered. 

Effective Date: January 1, 2019


 

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.

Bill text is not yet available.

Status: Filed 2/26/2018.

Outlook: This measure has not yet been referred to a committee. Text of the measure is not yet available.

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.

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.

Bill text is not yet available.

Status: Filed 3/26/2018.

Outlook:  This measure has not yet been referred to a committee. Text of the measure is not yet available, however the legislature has indicated that it is identical to its companion, S.B. 2091, which 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.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

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NEW JERSEY  A.B.  1151  -  WATER PARKS 

Sponsor: Assemblymember Benjie Wimberly (D)

Summary: This bill would codify safety requirements related to inflatable rides, regulated by the Department of Community Affairs pursuant to the “Carnival-Amusement Rides Safety Act” and regulations at N.J.A.C.5:14A-13.1 et seq.

This measure would require an inflatable ride manufacturer to create a manual on operation, maintenance, and set-up of the inflatable ride, which would include illustrations and detailed instructions in addition to specific tie-down and anchorage requirements. A manufacturer would be required to indicate safe operation and usage requirements for each inflatable ride, including avoidance of imminent danger, rider conduct, and cleanliness.

The measure requires every inflatable ride to have an identification and data plate attached, glued, or sewn to it. The identification and data plate are to include: the manufacturer’s name and address; date of manufacture; ride name and serial number; rider capacity, by weight and number; cubic feet per minute required to properly inflate the ride and type of blower to be used; and any other requirements as determined by the Commissioner of Community Affairs.

The bill requires an operator to perform a thorough check of the inflatable ride and its accessories to ensure that all anchor points, anchor ropes, and anchor stakes or ballasts are undamaged and suitable before use. The bill additionally requires that:

(1) Each inflatable ride include one set of ground anchors.

(2) The size and number of anchorage points are to be adequate for the structure, and take into account live and wind loads.

(3) All tie-down ropes attached to the inflatable ride are to be fastened to a stake or anchorage.

(4) Anchors are to be protected to prevent any public hazard.

(5) Stakes or ballast are to be used at every anchorage point and be installed according to manufacturer requirements. 

In the event of any approaching hazardous weather related condition, the bill requires that an operator evacuate riders and deflate the inflatable ride. After the weather condition passes, the operator is to dry, re-inflate, and re-inspect the inflatable ride and only re-open it when deemed safe. The bill prohibits an inflatable ride from being used if the wind velocity exceeds the manufacturer’s maximum safe operating wind speed.

http:­//www­.njle­g.sta­te.nj­.us/2­018/B­ills/­A1500­/1151­_I1.P­DF­

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

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

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

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.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.


Effective Date: Immediately

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.

This measure is a refile of S.B. 1705, which failed to pass its committee of referral during the 2016-2017 legislative session. According to a statement made by the sponsor in the previous year, children can drown in just a few minutes and in as little as an inch or two of water. Given that most children who drowned or nearly drowned were last seen in the house or away from the pool or spa, estimates predict that the widespread use of pool fencing would prevent 50 to 90 percent of pediatric pool drownings and near-drownings.

In light of these facts, this bill would require swimming pools to be entirely enclosed by a wall, fence, or other barrier. A swimming pool is defined as any structure intended for swimming and includes any affixed structure or contained body of water eighteen inches or more in depth at any point and wider than eight feet at any point.  This includes, but is not limited to, swimming pools, hot tubs, non portable spas, home ponds, and fountains. The bill outlines specifications for the fences and any gates they may have. In addition, the bill allows owners limited flexibility if a residence or living area constitutes part of the wall, fence, or barrier, and outlines the requirements for acceptable alternatives in this case.
Effective Date: 90 Days following enactment


NEW YORK  Legislative News: Governor Andrew Cuomo (D) and other U.S. Governors and Mayors plan to submit emissions targets to United Nations   -  Energy Efficiency Standards 

Summary: Representatives of American cities, states and companies are preparing to submit a plan to the United Nations pledging to meet the United States’ greenhouse gas emissions targets under the Paris climate accord, despite President Drumpf’s decision to withdraw from the agreement. On Thursday, Governor Jay Inslee (D) of Washington, Governor Andrew M. Cuomo (D) of New York and Governor (D) Jerry Brown of California stated that they were beginning a separate alliance of states committed to upholding the Paris climate accord.

In addition to the Governors, the Climate Alliance includes 30 mayors, more than 80 university presidents and more than 100 businesses and is negotiating with the United Nations to have its submission accepted alongside contributions to the Paris climate deal by other nations.

The President has already said climate change is a hoax, which is the exact opposite of virtually all scientific and worldwide opinion," said Governor Brown (D). "I don't believe fighting reality is a good strategy - not for America, not for anybody. If the President is going to be AWOL in this profoundly important human endeavor, then California and other states will step up."

"The White House's reckless decision to withdraw from the Paris Climate Agreement has devastating repercussions not only for the United States, but for our planet. This administration is abdicating its leadership and taking a backseat to other countries in the global fight against climate change," said Governor Cuomo (D). "New York State is committed to meeting the standards set forth in the Paris Accord regardless of Washington's irresponsible actions. We will not ignore the science and reality of climate change which is why I am also signing an Executive Order confirming New York's leadership role in protecting our citizens, our environment, and our planet."

"I am proud to stand with other governors as we make sure that the inaction in D.C. is met by an equal force of action from the states," said Governor Inslee (D). "Today's announcement by the president leaves the full responsibility of climate action on states and cities throughout our nation. While the president's actions are a shameful rebuke to the work needed to protect our planet for our children and grandchildren, states have been and will continue to step up."

Governor Jay Inslee's Press Release (6/1/2017):
http:­//www­.gove­rnor.­wa.go­v/new­s-med­ia/in­slee-­new-y­ork-g­overn­or-cu­omo-a­nd-ca­lifor­nia-g­overn­or-br­own-a­nnoun­ce-fo­rmati­on-un­ited­

Governor Brown's Press Release (6/1/2017): 
https­://ww­w.gov­.ca.g­ov/ne­ws.ph­p?id=­19818­

Governor Cuomo's Press Release (6/1/2017): 
https­://ww­w.gov­ernor­.ny.g­ov/ne­ws/ne­w-yor­k-gov­ernor­-cuom­o-cal­iforn­ia-go­verno­r-bro­wn-an­d-was­hingt­on-go­verno­r-ins­lee-a­nnoun­ce­

 

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.

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.  

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.

Companion Bill: 2017 A.B. 616

Effective Date: Immediately

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 Judiciary Committee 1/24/2017. Returned to Assembly 1/3/2018.

Outlook:  This measure has been referred to 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.  2344  -  Building Codes/Public Health Code 

Sponsor: Assemblymember Fred Thiele (D)

Summary: This measure allows the courts to grants injunctions and temporary restraining orders in connection with local land use, building and fire regulations.

http:­//nya­ssemb­ly.go­v/leg­/?def­ault_­fld=&­amp;l­eg_vi­deo=&­amp;b­n=A02­344&a­mp;te­rm=20­17&am­p;Tex­t=Y­

Status: Introduced; referred to Assembly Judiciary Committee 1/18/2017.

Outlook:  This measure has been referred to the Assembly Judiciary Committee, chaired by Assemblymember Helene Weinstein (D). The sponsor does not serve on the committee of referral.

According to the sponsor: At this time, local justice courts have the authority to enforce local land use, fire and building codes, only by imposing a criminal penalty of a fine or imprisonment after a trial. In many cases, these violations present cases where there is imminent threat to life, health or safety that requires immediate judicial action. Current law requires that an action for an injunction or for a TRO must go the State Supreme Court. State Courts are already overburdened and such matters can competently be handled in the Justice Courts, which already have wide ranging civil and criminal authority. Justice can be dispensed more efficiently and effectively by permitting such cases to be heard in Justice Court and by giving said courts the additional authority to issue injunctions and TROs. In many cases, equitable relief is a far more effective enforcement tool that a fine. It should also be pointed out that other local city and district courts already have this authority.

The sponsor is a member of the majority party. This measure has garnered the support of co-sponsors.

This measure has been introduced every year since 2001, though never made it out of committee.

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.

Effective Date: 90 days following enactment

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.

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.

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.

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.

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. 

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.

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.

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.

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.

Effective Date: immediately

 

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.

According to the sponsor: When states and local governments stay current with updated building codes, they encourage market-ready solutions that increases the safety, resiliency, energy-efficiency, and overall performance of homes, schools, hospitals, and other buildings. Timely adoption of model safety codes promotes private sector innovation and competition by guiding new technologies into the marketplace through the code, it increases protection and decreases reconstruction costs from damage caused by natural disasters; and protects the value of the building owners' investment. The 2012 President's Hurricane Sandy Rebuilding Task Force was charged with the development of guidelines and recommendations of how to direct more than $20 billion in federal funding for infrastructure recovery and resilience. One of the recommendations was for states to use the most current building codes saying that "using the most current code ensures that buildings and other structures incorporate the latest science, advances in technology and lessons learned... These codes help ensure that more resilient structures are built and that communities are better protected from all types of hazards and disasters"

The sponsor is a member of the majority and a Syracuse Common Councilor.

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.

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.

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).

According to the sponsor: The Department is not responsible for direct code enforcement and administration in local jurisdictions. Although a number of counties have opted-out of these responsibilities, currently, all of the municipalities in those counties have retained their code enforcement responsibilities. Direct enforcement is time consuming and labor intensive. The resources necessary to do so in a way that meets the Secretary's minimum standards are significant, even in moderate-size jurisdictions. As drafted, Executive Law § 381 requires the Department to immediately take over when both the county and the local municipality have opted- out. This does not provide the Department with an ability to plan and budget, hire appropriate staff, and arrange other necessary logistics, which would lead to a break in service where building permits would not be issued and inspections would not take place. The Legislature has already recognized the need for a transition period by granting counties a minimum period of six-months before they are required to take over this function when a local government opts-out of the responsibility. Several times a year, the Department receives inquiries from local governments about the prospect of opting-out. Most recently, these inquiries have come in counties that have already opted-out. Thus, there is a likelihood that the Department may have to take over direct code enforcement in one or more jurisdictions in the foreseeable future. Another issue arises when the Secretary determines that a municipality has failed in its duty to properly administer the Uniform Code. In that situation, the Secretary has four options under Executive L. § 381. The fourth option, a State takeover, is an extraordinary action that should only be taken as a last resort. This bill would, as a fifth option, explicitly define and describe the scope of the Secretary's power to appoint an oversight officer to direct local code enforcement for a limited period of time until the situation is remedied and the local government is ready to administer and enforce the Uniform Code without oversight. Finally, under the proposed bill, where the Department appoints an over- sight officer, the local government is not relieved of its obligation to administer and enforce the Uniform Code. The local government would continue to charge and collect fees in accordance with the existing statutory structure.

The sponsor is a member of the majority. This is a new proposal.

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.

Effective Date: immediately

NEW YORK  A.B.  8570  -  Energy Efficiency Standards 

Sponsor: Assemblymember Brian Kavanagh (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/31­1051_­Read ­Bill ­- AB ­8570 ­- As ­Filed­.pdf­

Status: Introduced; referred to Assembly Energy Committee 7/10/2017. Enacting clause stricken 12/15/2017.

Outlook:  The enacting clause was struck from this measure. Striking an enacting clause is often used by the Legislature as a method of killing measures. This measure is unlikely to receive further consideration.

This measure has been referred to the Assembly Energy Committee, chaired by Assemblymember Amy Paulin (D). 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. 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 build up 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. 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.

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.

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: This measure adds to the requirements for a description of a proposed PILOT programs to include the description of how the project will implement green technologies within what is practicable and economically feasible. 

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

Status: Introduced; referred to Assembly Local Governments Committee 2/9/2018. 

Outlook:  This measure has been referred to the Assembly Local Governments Committee where it awaits further consideration. 

According to the sponsor, " New York State is one of the leading states in pursuing clean energy goals. As the federal government falters in its commitment to combating global warming, it is important that New York continues to lead in envi- ronmental policy. New York's goal of having fifty percent renewable energy by 2030 is an example that should be followed by every state. In order to ensure that we meet this goal, we must use the resources we have to encourage adoption of green technologies to the farthest extent possible. PILOT programs, a powerful economic development tool, can be used to incentivize the use of green technologies and energy efficient construction. These programs balance public and private economic needs and the environment should be a part of this consideration. Evaluating projects by green technology use, when feasible, will go a long way in increasing the use of renewable resources." 

Effective Date: Seven Days after Passage

NEW YORK  A.B.  10150  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Assemblymember Robert Carroll (D)

Summary: This measure would amend the Real Property Tax Law to extend the expiration of the solar electric generating system tax abatement. If the solar electric generating system is in service on or after January 1, 2019, and before January 1, 2021, the amount of the tax abatement would be 5 percent of eligible solar electric generating system expenditures in each year of the four-year compliance period. The benefit would be limited to the lesser of the amount of taxes payable or $62,500.00.

 "Eligible solar electric generating systems expenditures" include reasonable expenditures for materials, labor costs, properly allocable to on-site preparation, assembly and original installation, architectural and engineering services, designs, and plans directly related to the construction or installation of the solar electric generating system.   

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_NY A­B1015­0.pdf­

Status: Introduced; referred to Assembly Real Property Taxation Committee 3/20/2018

Outlook:  This measure has been referred to the Assembly Real Property Taxation Committee, chaired by Sandra Galef (D). The sponsor does not serve on the committee of referral. A timeline for further consideration has not yet been established

In their justification for this measure, the sponsor stated “This legislation would extend and strengthen the solar electric generating system tax abatement to encourage the installation of solar electric generating systems, in connection with class one, class two and class four properties in New York City.”

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

NEW YORK  A.B.  10249  -  Building Codes/Public Health Code 

Sponsor: Assemblymember Erik Dilan (D)

Summary: This measure requires that modular construction projects comply with applicable local plumbing, gas piping, electrical, and fire suppression licensing requirements, whenever such final construction project is to be located in a city having a population of one million or more.

http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/-1­_New ­York ­AB 10­249.p­df­

Status: Introduced; referred to Assembly Labor Committee 3/26/2018.

Outlook:  This measure has been referred to the Assembly Labor Committee, chaired by Assemblywoman Michele Titus (D). The sponsor does not serve on the committee of referral. A timeline for further consideration has not yet been established.

In their justification for this measure, the sponsor stated: " In 2014, the New York City Department of Buildings issued Buildings Bulletin 2014-003 stating that modular construction units must be certified either by New York City licensees or by a third party entity otherwise approved by the Department. However, there have been various instances of the third-party certification process failing, resulting in required repairs to such modular units by New York City licensees. To protect the public from potential safety and health issues, it is crucial that the actual work in these modular units be performed by New York City licensed entities familiar with applicable laws, codes, and rules of the City of New York. This change in the Labor Law assures that occupant of any modular building located in New York City is given the same level of protection as occupants of buildings completely constructed on site.”

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

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.

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.

Effective Date: upon passage 

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.

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.

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.

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.

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.

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.

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.

Outlook:  This meausre 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.

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.

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.

Outlook:  This measure has been referred to the Senate Housing and Construction Committee, chaired by the sponsor.

According to the sponsor: When states and local governments stay current with updated building codes, they encourage market-ready solutions that increases the safety, resiliency, energy-efficiency, and overall performance of homes, schools, hospitals, and other buildings. Timely adoption of model safety codes promotes private sector innovation and competition by guiding new technologies into the marketplace through the code, it increases protection and decreases reconstruction costs from damage caused by natural disasters; and protects the value of the building owners' investment. The 2012 President's Hurricane Sandy Rebuilding Task Force was charged with the development of guidelines and recommendations of how to direct more than $20 billion in federal funding for infrastructure recovery and resilience. One of the recommendations was for states to use the most current building codes saying that "using the most current code ensures that buildings and other structures incorporate the latest science, advances in technology and lessons learned... These codes help ensure that more resilient structures are built and that communities are better protected from all types of hazards and disasters"

The sponsor is a member of the majority coalition and is chair of the Senate Housing and Construction Committee. The sponsor is also chair of the Majority Steering Committee.

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.

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. 

According to the sponsor, " Small businesses are the driving economic force in New York State, employing just over half of New York's private sector workforce, accord- ing to the New York Small Business Development Center. This legislation enables small businesses to receive a tax credit should they choose to purchase ENERGY STAR compliant equipment or infrastructure. Incentiviz- ing these investments will have positive environmental impacts and work towards New York's goal of transitioning to a clean, renewable driven economy, while providing small businesses an economic incentive to implement technology, which, ultimately, will drive down operating, and infrastructure costs in the long-term future. The creation of the small business energy efficiency tax credit will stimulate economic growth where it is needed most - New York's small businesses and main streets - and further New York State's commitment to investing in a green, renewa- ble economy."


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

PENNSYLVANIA  H.B.  1380  -  BUILDING CODES 

Sponsor: Representative Patrick Harkins (D)

Summary: This measure defines a "Commercial building" as a building, structure or facility that is not a residential building.

This measure then modifies the current review process by the Uniform Construction Code Review and Advisory Council to state that the current process only applies to residential construction codes.

This measure then creates a new review process for commercial construction code.

http:­//www­.legi­s.sta­te.pa­.us/C­FDOCS­/Legi­s/PN/­Publi­c/btC­heck.­cfm?t­xtTyp­e=PDF­&­sessY­r=201­7&­;sess­Ind=0­&­billB­ody=H­&­billT­yp=B&­amp;b­illNb­r=138­0&­;pn=1­742­

Status: Introduced; referred to House Labor and Industry Committee 5/18/2017.

Outlook:  This measure has been referred to the House Labor and Industry Committee, where Representative Rob Kauffman (R) serves as Chair. The sponsor does not serve on the committee of referral.

According to the sponsor, this measure is a re-introduction of H.B. 1045, which he introduced during the 2015 legislative session. H.B. 1045 was referred to the House Labor and Industry Committee, where it failed to garner consideration and failed upon adjournment.

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

Effective Date: Immediately

PENNSYLVANIA  S.B.  14  -  Swimming Restrictions/Incentives 

Sponsor: Senator Jay Costa (D)

Summary: This measure allows voters in a second or third class city to petition a city for a ballot initiative that establishes a public park tax. If the tax is implemented, the city shall appoint a board of directors of a tax-exempt nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to restore public parks in partnership with government and the community to have exclusive control of the public park tax revenue. The public parks tax would be allowed to be applied to funding public baths and swimming pools.

http:­//www­.legi­s.sta­te.pa­.us/C­FDOCS­/Legi­s/PN/­Publi­c/btC­heck.­cfm?t­xtTyp­e=PDF­&­sessY­r=201­7&­;sess­Ind=0­&­billB­ody=S­&­billT­yp=B&­amp;b­illNb­r=001­4&­;pn=1­346­

Status: Introduced; referred to Senate Local Government Committee 11/29/2017.

Outlook:  This measure has been referred ot the Senate Local Government Committee, where Senator Scott Wagner (R) serves as Chair. The sponsor does not serve on the committee of referral.

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

Effective Date: Immediately

 

PENNSYLVANIA  S.B.  269  -  BUILDING CODES 

Sponsor: Senator Lisa Baker (R)

Summary: Current version (5/23/2017): This measure defines collective codes as the following: (page 2)



Current version (5/23/2017): 
http:­//www­.legi­s.sta­te.pa­.us/C­FDOCS­/Legi­s/PN/­Publi­c/btC­heck.­cfm?t­xtTyp­e=PDF­&­sessY­r=201­7&­;sess­Ind=0­&­billB­ody=S­&­billT­yp=B&­amp;b­illNb­r=026­9&­;pn=0­874­

Amended version: 
http:­//www­.legi­s.sta­te.pa­.us/C­FDOCS­/Legi­s/PN/­Publi­c/btC­heck.­cfm?t­xtTyp­e=PDF­&­sessY­r=201­7&­;sess­Ind=0­&­billB­ody=S­&­billT­yp=B&­amp;b­illNb­r=026­9&­;pn=0­755­

Introduced version: 
http:­//www­.legi­s.sta­te.pa­.us/C­FDOCS­/Legi­s/PN/­Publi­c/btC­heck.­cfm?t­xtTyp­e=PDF­&­sessY­r=201­7&­;sess­Ind=0­&­billB­ody=S­&­billT­yp=B&­amp;b­illNb­r=026­9&­;pn=0­256­

Status: Introduced; referred to Senate Labor and Industry Committee 1/31/2017. Hearing held; amended; passed committee 4/25/2017. Referred to Senate Appropriations Committee 4/26/2017. Hearing held; passed committee 5/8/2017. Amended 5/23/2017. Passed Senate 5/24/2017. Referred to House Labor and Industry Committee 5/25/2017.

Outlook:  This measure has been referred to the House Labor and Industry Committee, where Representative Rob Kauffman (R) serves as Chair.

This measure passed the Senate by a vote of 40-10.

This measure was amended on the floor of the Senate. The amendments modify the allocation of revenue within the training accounts paid for by a fee on construction or building permits. The amendment also increases the pemit fee to $4.50. This measure awaits further consideration by the Senate.

According to the sponsor, this measure is be similar to H.B. 568, which was introduced during the 2015-2016 legislative session. H.B. 568 passed both the House and Senate, but both chambers could not concur on amendments. H.B. 568 was not sent to the Governor and failed upon adjournment of the session.

According to the sponsor, Last session, they introduced compromise legislation in the form of an amendment to HB 568. The language was crafted over the course of a year, and was the result of extensive discussions with a number of interested parties. As amended, HB 568 corrected the imbalances of previous modifications, created a process that retained the high bar of a 2/3 approval vote for any code provision that received industry or consumer comments, and created an expedited approval process for those universally embraced by all stakeholders. The revisions were supported by approximately 20 industry groups. 

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

Effective Date: Varies by section

PENNSYLVANIA  S.B.  495  -  TAX (ENVIRONMENTAL INCENTIVES) 

Sponsor: Senator John Rafferty (R)

Summary: The sale at retail or use of a solar energy system or a component of a solar energy system that complies with applicable national and industry equipment, installation and performance standards. The department shall promulgate regulations regarding the specific standards that solar energy systems must meet to qualify for the exclusion under this clause.

For purposes of this clause, the term " solar energy system " means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing or using incident solar energy for water heating, space heating, cooling or other applications. 

http:­//www­.legi­s.sta­te.pa­.us/C­FDOCS­/Legi­s/PN/­Publi­c/btC­heck.­cfm?t­xtTyp­e=PDF­&­sessY­r=201­7&­;sess­Ind=0­&­billB­ody=S­&­billT­yp=B&­amp;b­illNb­r=049­5&­;pn=0­495­



Status: Introduced; referred to Senate Finance Committee 3/10/2017.

Outlook:  This measure has been referred to the Senate Finance Committee, where Senator Scott Hutchinson (R) serves as Chair.

According to the sponsor, this measure will provide a sales and use tax exemption for the purchase or use of a solar energy system. For the purposes of this legislation, a “solar energy system” means the equipment and hardware that utilize solar energy for water heating, space heating, cooling or other applications.

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


Effective Date: 60 Days following Enactment


REGULATIONS
Connecticut


**CT Department of Consumer Protection adopted rule: Swimming Pool Assembler's License Application 


Note:  The Swimming Pool Assembler's license for the installation of “new” above ground pools or spas is not required due to a 2017 legislative change in the Connecticut General Statutes.

 

As a result of this change Persons and Companies that install “new” above ground pool’s now only need to be registered as a Connecticut Home Improvement Contractor to offer new above ground pool and spa installation to home owners of existing home’s. www.ct.gov/dcp

 

The maintenance and repair of above ground pools or spas still require the swimming pool and spa maintenance and repair license types of SP-1 and SP-2 for any work performed after the initial installation. 

 

 

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: 2/27/18
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


NJ Department of Health final rule effective 1/16/2018: Public Recreational Bathing 

SubIssue : Pools & Spas

First Reported: 08/10/2017
Date Updated: 01/19/2018
Contact: Joy L. Lindo 609-984-2177
Citation: N.J.A.C. 8:26-2.3, 2.5, 3.1, 3.20, 3.23, 4.2, 4.7, and 4.8; N.J.A.C. 8:26-1, 2.1, 2.2, 2.4, 2.6, 3.2, 3.9, 3.12, 3.13, 3.15, 3.17, 3.18, 3.19, 3.21, 3.22, 3.24, 4.1, 4.3, 4.4, 4.5, 4.12, 4.13, 5, 6, 7, and 8; N.J.A.C. 8:26-2.7, 3.25, 4.14, 8.14, 5.15, 6.13, 6.14, 6.15, and 6.16 and 8:26 Appendices A through F; N.J.A.C. 8:26-3.3 through 3.8, 3.10, 3.11, 3.14, 3.16, 4.6, 4.10, and 4.11 and 8:26 Appendix 
Upcoming Action: Nothing scheduled
Status: Final
Regulation ID: NJ35525

Service Type: Regulatory Alert


Rule Summary: 

The Department adopted updates to rules addressing sanitary and safety standards for public recreational bathing facilities, which are non-private bathing beaches, hot tubs and spas, swimming and wading pools, lake fronts, and aquatic recreation facilities. The final rules are effective 1/16/2018.

Notice of the Final Rules:
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/39­078_N­Jfina­lpubl­icbat­hing.­pdf­

Notice of Proposed Rules: 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/39­078_4­9_NJR­_2407­_a_.p­df­
 


NJ Department of Children and Families proposed rules: Requirements for Residential Child Care Facilities 

Issue : Pools & Spas – Heath, Safety and Security Requirements

First Reported: 10/16/2017
Date Updated: 01/30/2018
Contact: Pamela Wentworth 
Citation: N.J.A.C. 3A:55-9.13; 49 N.J.R. 3388(a); PRN 2017-191
Upcoming Action: Comments Due 12/15/2017
Status: Comments
Regulation ID: NJ36119

Service Type: Regulatory Alert

Rule Summary: 

The Department proposed a number of revisions to the child care facility regulations, including a requirement for a lifeguard to be present at all swimming facilities located on-site at licensed child care facilities. Written comments are due 12/15/2017.

Notice of Proposed Rules: 
http:­//sta­telin­k.sta­tesid­e.com­/Atta­chmen­ts/39­898_4­9_NJR­_3388­_a_.p­df­

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