By Sarah Hall

Editor

Come Jan. 1, several new laws will take effect that will impact the citizens and businesses of New York state. Read on to find out how these new statutes will affect you:

Paid family leave

Perhaps the most widely reported change in state law is the paid family leave program. The law will provide workers with up to 12 weeks of leave in order to bond with a new child (including adopted and foster children); care for a seriously ill child, parent, parent-in-law, spouse, domestic partner, grandchild, or grandparent; or address certain military family needs. The policy applies to both men and women and will be funded through a small employee payroll deduction; in 2018, that deduction is capped at 0.126 percent of an employee’s weekly wage for a maximum contribution of $1.63.

The phase-in begins Jan. 1, when workers will be eligible for up to eight weeks of leave. Workers will receive 50 percent of their average weekly wages up to a cap equal to 50 percent of the statewide average weekly wage, which was $1,266.44 in 2014.

Leave will increase to 10 weeks in 2019 and 2020 and cap at 12 in 2021. The program applies to all businesses, no matter the size, and includes job protection. Both full- and part-time employees are eligible after working for a company for six months. In addition, the payout will increase over the next three years to 67 percent of the worker’s average weekly wages, up to a cap of 67 percent of the statewide average weekly wage.

New York is the fourth state in the nation to enact a paid family leave policy, though its legislation is the most extensive. New York passed the policy as part of the 2016-17 budget.

Minimum wage

Another high-profile change is the increasing minimum wage. Effective Dec. 31, the state minimum wage will increase again. In Onondaga County, wages will increase to $10.40 an hour. The changes to the minimum wage were also approved as part of the 2016-17 budget.

Pension forfeiture

On Nov. 7, New York’s voters approved a ballot measure amending the state constitution. The amendment “would allow a court to reduce or revoke the public pension of a public officer who is convicted of a felony that has a direct and actual relationship to the performance of the public officer’s existing duties.” Now, from Jan. 1 forward, any public official convicted of a felony pertaining to the function of their office faces the loss of their state retirement benefits. Proponents hope the amendment will discourage corruption among public officials.

Tax cuts, credits and exemptions

A number of different tax cuts passed over the last few budgets will go into effect as of Jan. 1:

• Child and Dependent Care Credit: Taxpayers with incomes between $50,000 and $100,000 will see an expanded Child and Dependent Care Tax Credit. The current cap on child care expenses will also increase $6,000 to $9,000, depending on number of children, for families with up to five children.
• Middle Class Tax Cut: Part of the 2016-17 budget, this tax cut, which initially benefits some 4.4 million New Yorkers, goes into effect Jan. 1. When fully phased in, these tax cuts will save state taxpayers $4.2 billion a year.
• Property Tax Relief Credit: This is the third year of the four-year 2015 Property Tax Relief Credit, which totals $3.1 billion over four years for STAR-eligible homeowners with incomes of $275,000 or less who reside in property tax cap-compliant school districts. This year, eligible homeowners will receive a rebate check averaging $380 during the fall of 2018 paid as an advance refund for the 2018 tax year. Rebates are determined as a percentage of STAR benefits on a sliding scale according to personal income. Eligible residents in lower income brackets receive a greater rebate compared to residents in higher income brackets.

In addition, the state created a new Life Sciences Research and Development Credit offering businesses a 15 percent refundable tax credit on all new qualifying research and development expenditures. Small businesses in the industry could be eligible for a credit of 20 percent. The total amount available is $100 million.

Finally, a the state extended a property tax exemption to encourage homeowners to install renewable energy systems like micro-hydroelectric energy systems and fuel cell electric generating systems, among others, when solar, wind and farm waste technologies are not feasible or are less appropriate. 

Going green

Also in energy-friendly news, the state has redefined the Power NY Act of 2011 to include geothermal energy systems, which don’t use fossil fuels but rather taps into the Earth to use natural resources to heat and cool homes. By changing the definition of the law, geothermal systems can now access funding from established sources, creating more green jobs and reducing buildings’ carbon footprints.

Other new laws that made it…

• Repealing the tax on agricultural cooperatives, which will save said cooperatives about $600,000 a year.
• Make various changes to workers’ compensation, though new guidelines have not yet been finalized.
• Provide more flexibility to municipalities with regard to the kinds of services and the age of youth that can be served in Runaway and Homeless Youth Act programs.
• Extends the ability of the Department of Environmental Conservation to provide commercial licenses until the end of the year.
• Authorizes school employees to administer epinephrine auto injectors in the event of an emergency.
• Prohibits insurance companies and health plans from requiring prior authorization for coverage for services in a neonatal intensive care unit of a hospital.
• Provides a more specific definition of a “snowmobile” and improves the safety of state snowmobile trails.
• Requires drivers and front-seat passengers in taxis and livery vehicles to wear a seat belt.
• Provides a wage increase to not-for-profit direct care and support workers in the Office for People with Developmental Disabilities, Office of Mental Health and Office of Alcoholism and Substance Abuse Services.
• Requires the Department of Economic Development to post a comprehensive report on its website each Jan. 1.
• Makes the state regulatory process more transparent and accessible.
• Increases the transparency in negotiating fire protection contracts between fire companies and fire districts or municipalities.
• Extends authorization for long-term elder care ombudsman to oversee managed care plans.

…And one that didn’t

But one much-anticipated piece of legislation that didn’t get Gov. Andrew Cuomo’s signature: a bill co-sponsored by Assemblyman Bill Magnarelli and Sen. John DeFrancisco to waive tolls for Syracuse-area commuters on the Thruway will not become law this year.

The bill would have authorized short-distance commuter permits for travel along the Thruway between exits 34-A and 39 to encourage drivers to use the roadway instead of local roads or other highways. While drivers would pay an initial fee to obtain the permit, no other costs would be associated with the commuter passes.

Cuomo vetoed the bill in October, citing potential revenue loss. He said it was an issue that should be raised during budget discussions.