By Julie Marlette, Hinman Straub, Special for NEAFA
The New York State Legislature concluded their regularly scheduled 2023 session Saturday June 10th. The Senate finished its work in the early morning hours on Saturday and the Assembly adjourned about twelve hours later at 4:30 pm. The legislative session ended a little more than a month after lawmakers completed work on a new state budget.
Before members even had the opportunity to leave town, it was announced that the Assembly would return to conclude their work. That session will take place the 20th and 21st of June.
Of critical interest to NEAFA, in the final days of session the legislature did approve legislation (S1856a, Hoylman-Sigal – A7640, Glick) that proposes a ban on the use of certain treated seeds, including those used for corn and soybeans. The Commissioner of Environmental Conservation, in consultation with the Commissioner of Agriculture and Markets, would have the authority to waive this ban annually, if it is determined that there will not be adequate seeds, there is an environmental emergency or loss of crops.
NEAFA will be encouraging a veto of this legislation when it is delivered to the Governor for her consideration. If you would like to share your concerns, please consider joining our colleagues at the Farm Bureau by sending her a letter using this link: https://www.nyfb.org/engagements.
While fewer bills passed both houses in 2023 than in recent years, largely due to the delay in enacting a new budget (839 in 2023, vs, 1010 in 2022) a huge number of bills were considered in just the last ten days.
Some additional items of interest to NEAFA members include:
Agrivoltaics in Farming (S820, May - A607, Barrett)
This law directs the Department of Agriculture and Markets, in cooperation with NYSERDA, to produce and distribute guidance and educational materials for farmers on the use of agrivoltaics in farming.
Employee Freedom of Speech and Conscience (S4982 Ramos - A6604 Reyes)
This bill, if signed into law, would amend provisions prohibiting employers and employment agencies from discriminatory practices to establish employees’ right to refuse to attend employer-sponsored meetings, listen to speech, or view communications with the primary purpose of communicating the employer’s opinion concerning religious or political matters. “Political matters” would be defined as those “relating to elections for political office, political parties, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization.” “Religious matters” would mean those “relating to religious affiliation and practice and the decision to join or support any religious organization or association.”
Wetlands Management (S5957, Harckham – A5949, Burdick)
This bill would authorize certain local governments to adopt a local law or ordinance to prohibits the application of pesticides that the municipality regulates.
Wage Payment Protections (S5572, Gounardes - A6796, Burgos)
This bill, if signed into law, would amend the wage theft law in New York to increase the wage limits beyond which executive, administrative, or professional employees cannot seek help from the state in recovering owed compensation from $900 a week to $1,300 a week.
It is important to note that in addition to the bills detailed below that will make their way to the Governor for approval or veto, many additional items were debated and negotiated up to the last day of session. Some of those items include:
Indoor/Outdoor Temperature – Legislation was pushed that would place requirements on managing the temperature and prevent heat and cold related illnesses for employees in certain industries including agriculture. Ultimately, neither house advanced this bill.
Extended Producer Responsibility (ERP) – Multiple bills were advanced that would enact some version of extended producer responsibility, passing costs on to producers who use packaging for their items.