ECONOMIC DEVELOPMENT

S.5866 (Wright)/A.8960 (Tonko), Chapter 313 -- Economic Development Power -- TBC Supports
This legislation allows for an extension of the state's "economic development power" program and several other power programs by correcting obsolete reference in statute. The Business Council and other business interests are also working on amendments to this legislation that would assure that lower cost power would be available to EDP participants.

S.4271 (Budget)/A.7298 (Budget), Chapter 63 -- Empire Zone Reform -- TBC Supports
Extends Empire Zone program through 2015; grandfathers benefit calculations for all QEZEs certified prior to 4/1/05; authorizes designation of 12 additional Empire Zones; requires existing zones to be reconfigured based on new zone criteria; adopts new performance reporting requirements for QEZEs and Empire Zones; modifies duration and calculation of zone real property tax benefits for QEZEs certified on or after 4/1/05; authorizes zone benefits for "regionally significant projects" located outside of formally designated zones; makes other programmatic changes.

S.5427 (Maziarz)/A.8669 (John) - Outsourcing Contract Restrictions - TBC Opposes
Would preclude the use of non-U.S. labor or services in satisfying procurement contracts awarded by New York State government in most instances. Generally applies to contracts valued over $250,000.

S.4750 (Spano)/A.1213 (Brodsky) -- Outsourcing Restrictions -- TBC Opposes
Dubbed the "Poison pill for jobs growth bill," it would prohibit a business that has received state financial assistance from moving any "employment, jobs or positions" out-of-state while reducing in-state employment; requires "violators" to repay the state the value of state financial assistance received; imposes five year ban on receiving any additional state assistance.

S.3669 (Rules)/A.6843 (Rules), Part P, Chapter 59 -- Power for Jobs Program Extender -- TBC Supports
Extends the Power for Jobs program through December 31, 2006; allows all participating businesses the option to choose between a contract extension and a cost-reimbursement program. Increases aggregate NYPA's financial support of the PfJ program to $394 million.

S.5866 (Wright)/A.8960 (Tonko), Chapter 313 -- Replacement Power -- TBC Supports
Establishes state-level statutory provisions for the ongoing allocation of replacement power, 445 MW of firm hydroelectric power, from the New York Power Authority's Niagara project.

BUDGET & TAXES

Budget Enactment - TBC Supports
The Business Council supported three priorities with regard to the new state budget:

• adoption of an on-time budget.
• adoption of a budget that limits the increase in state-financed spending to the rate of inflation.
• adoption of a budget that allowed for the on-time phase-out of income tax and sales tax surcharges, and avoids any increases in broad-based taxes.

S.1 (Bruno)/A.2 (Silver) - Budget Process/Constitutional Amendment -- TBC Opposed
This proposed constitutional amendment modifies the state's Executive Budget process by: precluding action on Executive Budget bills after the start of the new fiscal year; implements a contingency budget if a final budget is not approved by the start of a new fiscal year; gives the legislature broad authority to propose and adopt amendments to a contingency budget.

S.3671 (Rules)/A.6845 (Rules), Chapter 61 -- Single Sales Factor -- TBC Supports
This year's budget included a phase-in of single sales factor apportionment for all Article 9-A taxpayers currently subject to double sales weighting, and for Article 32 (Bank Tax) taxpayers that are substantially involved in providing management, administrative or distribution services to an investment company.

ENERGY & ENVIRONMENT

S. 4961 (Wright) -- Article X Extension -- TBC Supports
In effect, extends pre-existing Article X power plant siting law until 2016. Article X provided a 12-month "one-stop" review process for electric power plants 80MW or larger; Article X expired in 2003.

A.1908 (Nesbitt) - Article X Reinstatement -- TBC Supports
Reinstates the Article X siting process; establishes a preference for facilities sited on brownfield sites. Program would expire on Dec 31, 2010.

A. 5865 (Tonko), Power Plant Siting -- TBC Opposes
While this legislation would reinstate the Article X siting process, it would impose stringent new emission standards on new projects, establish additional legal mechanisms for challenging proposed power plants, and significantly increase mandated "intervener funding" to be provided by applicants.

HEALTH CARE & EMPLOYEE BENEFITS

S.1405(Seward)/A.2688 (Morelle) -- Freedom Health Insurance Plans -- TBC Supports
Creates new 43% tax credit for health insurance costs for businesses with 50 or fewer employees; authorizes carriers to offer "Freedom Policies," which would have higher deductibles coupled with new health savings accounts (HSA's). Expands Healthy New York program.

A.2009 (Nesbitt) - Freedom Health Insurance Plans - TBC Supports
Amends the Insurance Law to exempt from coverage mandates those insurance policies that qualify for use in conjunction with a health savings account, as authorized by the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003.

S. 3668 (Rules)/A.6842 (Rules), Chapter 58 -- HCRA Extension/Reform -- TBC Supports
Extends the Health Care Reform Act to June 30, 2007. Creates a Commission on Health Care Facilities in the Twenty-first Century, creates demonstration projects for Health Information Technology (HIT) in physician practices, authorizes a $1 billion investment in HIT improvements in the healthcare system (some of the money can be used to help close or restructure hospitals), modestly increases bad debt /charity care and GME taxes.

S. 3668 (Rules)/A.6842 (Rules), Chapter 58 -- Medicaid Reform -- TBC Supports
Caps local county share of Medicaid costs, lifts the ceiling on the number of disease state management pilot projects that can be funded by the state, creates a pay-for-performance demonstration program, creates a Commission on Health Care Facilities in the Twenty-first Century, places limits on some Family Health Plus benefits and modestly increases co-pays and creates a preferred drug list.

A.2912 (Tonko) -- "Timothy's Law" -- TBC Opposes
Would require all health insurance policies provide full coverage for the diagnosis and treatment of mental disorders, including nervous disorders, emotional disorders, and dependency on alcohol or other drugs, with no limit on coverage of disorders not imposed on physical disorders. Estimated annual cost: $200 million for policy holders; $130 million to state budget.

S.1672 (Libous) -- Mental Health Parity -- TBC Supports
Requires insurers to provide mental health insurance coverage for biologically based mental illnesses; provides exemption for businesses that would experience premium cost increase of 2% or more; provides exemption to businesses with 50 or fewer employees; creates a two year study of the program's costs and benefits granted; includes a 12/31/07 sunset.

S.5612 (Winner)/A.8713-A (Farrell) - Workers Comp Assessments for Self-insured groups - TBC Supports
Changes the methodology for paying assessments for self-insured groups from an indemnity loss basis to a premium basis. Commercial insurance carriers were authorized to pay on a premium basis in 2000. The bill also raises the level of medical treatment expense above which an injured employee must receive prior authorization from $500 to $1,200.

A.8764 (John) - Workers' Comp Benefit Increase - TBC Opposes
Increases maximum benefits in $75 increments to $625, then ties cap to the average weekly wage; allows unions to negotiate a different comp carrier; provides for attorney fees for controverted cases; drug/durable medical equipment fee schedule, etc.

S.5064 (Meier) -- Workers Comp reform -- TBC Supports
Provides for comprehensive cost saving reforms, including: limits on duration of permanent partial disabilities; old age social security and pension offsets; modified payment of scheduled loss of use awards; and objective medical guidelines.

OTHER ISSUES

S.3492 (Fuschillo)/A.4254-A (Brennan) - Breach of Security - TBC No Position
Enacts the "information security breach and notification act"; requires businesses which owns or licenses a computerized database which includes private information to disclose any breach of security to any resident of New York state whose unencrypted personal information may have been acquired by an unauthorized person.

S.3666 (Rules)/A. 6840 (Rules) , Chapter 56 - Procurement Stewardship Act - TBC supports
The final budget extended the "Procurement Stewardship Act" (Section 163 of the State Finance Law) for one year -- until 6/30/06 (see) -- but contained no program reforms.

S.3192 (Saland) / A. 6286 (Brodsky) -- Relaxing of Regents standards -- TBC Opposes
Creates certain exemptions and requires the commissioner of education to develop alternation assessments to the Regents exams.

S.3823 (Volker)/A.2946-A (Morelle) -- Safe Place to Work (aka Scaffolding Law) -- TBC Supports
Change the current absolute liability standard for certain workplace injuries to one of contributory negligence for those employers that provide appropriate safety training and equipment.

S.1410 (Johnson)/A.2620 (Canestrari) -- Vicarious Liability -- TBC Supports
Provides that the lessor of a motor vehicle for a term of more than one year shall be deemed to be the owner of such a vehicle for the purposes of civil liability for the damage caused by the use of such motor vehicle. Brings New York into line with liability standards used in all 49 other states.

A.4880 (Ortloff) - Vicarious Liability - TBC Supports
Repeals provision holding the owner of a vehicle liable and responsible for death or injuries to person or property resulting from negligence in the use of such vehicle.