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Statewide vacation rental registry, elder parole on docket for Assembly

Call it an encore or an overtime, or whatever other metaphor seems appropriate.

The state Assembly is scheduled to gavel back into special session next week to handle legislation that did not get voted on in the regular session, which ended in the wee hours of the morning on June 10.

Among the Democratic majority priority bills that will potentially be voted on at the special session set to begin June 20 are legislation to discourage the expansion of natural gas distribution systems, legislation to establish statewide regulation of short-term rentals and legislation to provide “early parole” for some incarcerated individuals age 55 and older, said Assemblyman Matt Simpson, R-Horicon.

“There’s tons of bills in the system. So, there may be some surprises,” Simpson said in a telephone interview.

Simpson said he does not expect that any legislation he has introduced will advance in the special session, which will be controlled by majority Democrats.

“I think that ship has sailed,” for this year, he said.

The Senate, as of Tuesday, had not been called back into session, said Sen. Jake Ashby, R-Castleton.

Two of the three bills expected to be discussed have already passed the Senate.

The natural gas legislation, known as the New York HEAT Act, would direct the state Public Service Commission to remove the legal basis and state subsidies for expanding natural gas distribution systems in New York.

The commission also would develop a plan to “right-size” the natural gas distribution system in order to meet the state climate change goals, in a manner that would not disproportionately affect moderate and low-income residents or disadvantaged communities.

Simpson said he opposes the legislation, in part because the electrical grid is not yet sufficient to handle the extra load.

Assemblywoman Carrier Woerner, D-Round Lake, said she thinks the impact of the legislation will, in general, “be minimal” to most people.

The legislation passed the Senate by a vote of 39-23, largely along party lines, on June 6.

Local Sens. Dan Stec, R-Queensbury, Jake Ashby, R-Castleton, and James Tedisco, R-Glenville, all voted against it.

Short-term rentals

The short-term rental legislation would create a statewide registry of short-term rental properties and establish a system of enforcement for not registering, with an intent of making sure that sales tax and local occupancy tax is paid.

Woerner, an Assembly co-sponsor, said websites that book short-term rentals would only be allowed to list those properties registered with the state.

Simpson said he opposes the short-term rental legislation, because he feels that it should be regulated at the local level.

Woerner said the legislation does not supersede local regulation, and that it will actually help municipalities by identifying short-term rental properties that might not be collecting sales and occupancy taxes.

The legislation passed the Senate June 8 by a 39-23 vote, largely along party lines.

Stec, Ashby and Tedisco all voted against it.

“It’s routine procedure for the Senate and Assembly to authorize municipalities to collect taxes they’ve already passed through their local legislatures. It’s a much different proposal to require them to. That’s why I voted against this bill,” Ashby said. “If a locality wants to generate revenue with a modest tax on Airbnb, that’s their decision. I don’t think the state should make it for them,”

‘Elder parole’

The “elder parole” legislation, which has not passed the Senate, would require the Parole Board to conduct a hearing for all incarcerated individuals age 55 and over who have completed at least 15 years of their sentences.

The hearing would determine whether the individual should be released into community supervision.

If parole is rejected, the individual would be entitled to a second hearing within two years.

Simpson said he is undecided about the legislation.

“I’m all for giving people second chances, but it all needs to be selective, and not broad brush,” he said. “There’s a lot of amendments. I haven’t seen them all yet.”

Woerner said she will vote against the legislation, in part because the age limit is too young, and also because elderly incarcerated individuals are housed at a specialized correctional facility which meets their health care and aging needs.

“As someone who is 61 years old, I don’t feel elderly,” she said.

Grading the session

Legislators had mixed views about the legislative session that recently closed.

Ashby said he was pleased his legislation to expedite the naturalization process for foreign-born family members of the military and veterans, as well as military members and veterans themselves, passed this session.

“It’s a priority that we have been working on for four years,” he said in a telephone interview.

Ashby and Simpson both said that legislation to grant judges more discretion in setting bail did not go far enough.

Ashby said that the Legislature did not do “nearly enough” to control state spending.

Woerner said there were instances of compromise during the session, such as the legislation to prohibit the installation of fossil fuel heating and hot water systems and natural gas stoves in newly constructed buildings.

The size of buildings it applied to was narrowed, and provisions were added to apply for a waiver in communities that do not have sufficient electrical grid capacity.

Woerner said she was pleased that two bills she partnered with Stec on — one to authorize the merger of Glens Falls Transit Systems with the Capital District Transit Authority, and another to address invasive species — passed in both the Senate and Assembly.

Simpson said it was encouraging to be able to meet in person after the COVID-19 pandemic.

“It was much more functional,” he said. “Our committees were back around the same table where we could discuss issues.”

Tedisco is pleased that legislation he introduced to establish a Veterans Internship Program at the state Legislature passed the Senate and Assembly.

Ten percent of legislative internships would be reserved for veterans.

“This is a bill of statewide consequence that can help our veterans that Senator Tedisco has worked hard for some time across party lines to build support and finally get it passed,” said Adam Kramer, the senator’s chief of staff, in an email message.

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