June, 6, 2026
In the wee hours of the morning on Friday, June 5th, the New York State Senate adjourned, followed by the Assembly at around 8pm that evening. Just a week prior, the legislature passed the 2026-2027 budget legislation (almost two months late). This created a frenetic end to the legislative session.
The primary focus of the legislature during the final days of the session was several high-profile issues that garnered significant attention. The first issue related to redistricting, with the Legislature approving a constitutional amendment that would allow for mid-decade redistricting in 2028 and beyond. Moreover, the amendment would remove language from the State Constitution prohibiting political gerrymandering. To amend New York’s Constitution, the Legislature will have to pass the same legislation next year, so that the proposed change can appear on the 2027 General Election ballot.
Another issue that gained momentum in the final days of session was a one-year moratorium on building large data centers in New York. Environmental groups originally sought a three-year moratorium. Data centers require significant energy and water, and many have expressed concerns about the strains they place on the State’s already-stressed electrical grid. The legislature passed this bill (which also includes other regulations related to data centers) on the final day of the legislative session.
A third issue that generated attention related to surveillance pricing – using personal information, like browsing history, location, wages, and purchasing behavior to set differing prices for goods and services. At the urging of Attorney General Letitia James, the legislature passed two bills: one to regulate this practice and the other to prohibit the use of electronic shelf labels, which can be used to instantaneously adjust prices of goods, in grocery stores, pharmacies, and other in-person retail establishments. The business community opposed both bills and will advocate for the Governor to veto them.
A final high-profile piece of legislation related to packaging waste. The Extended Producer Reliability bill (EPR) would require producers of packaging to fund a system whereby packaging is recycled and reused. The bill would have also banned certain chemicals and materials in packaging products. Environmental groups strongly supported this legislation, but the bill could not overcome the vocal opposition from the business community.
Throughout the year, our team has been tracking and advocating for a significant number of bills under consideration by the legislature. Here is a brief summary of some of the bills that would impact our industry.
- Renewable Diesel Bill. This is our industry bill allowing B100 or B99 biofuel and R100 or R99 renewable fuels to be used to blend with or replace fossil heating oil to create bioheating fuel. We strongly support this legislation along with other groups. After last year’s Assembly sponsor resigned, we were able to secure a new sponsor. This year, the bill passed the Senate but not the Assembly. S2411 (PARKER)/A9677 (Cashman)
- Liquid Fuel Electronic Delivery Tickets. Authorizes petroleum heating fuel customers the option of receiving electronic delivery tickets instead of paper. ESEA supported the passage of this legislation. The bill passed both houses and awaits delivery to the Governor for her action. S5689 (COONEY)/A8130 (Conrad)
- Motor Fuel Pump Labeling. Requires all motor fuel retailers to provide clear labeling of the environmental and health hazards associated with motor fuel to promote consumer awareness. The label must state, "Use of this product releases air pollutants and greenhouse gases, known by the state of New York to be linked to significant health impacts and global heating." The bill did not pass either house. S9050A (HARCKHAM)/A10402 (Rosenthal)
- Fuel Switching Bill. This reintroduced bill directs NYSERDA to administer a program to provide grants to enable fuel-switching from heating oil and propane to heat pumps. (NYSERDA already has a heat pump promotion program.) The legislation was opposed by ESEA. The bill passed the Senate but not the Assembly. S1668 (HARCKHAM)/A7060 (Levenberg)
- Bucks for Boilers. The "bucks for boilers act" is similar to the fuel switching legislation but also prohibits equipment that emits “prohibited emissions” (fossil fuel equipment) in existing buildings seven stories of less starting 12/31/29 and more than seven stories starting 12/31/34. This bill failed to pass either house. S3476A (RIVERA)/A6489 (Stirpe)
- Clean Fuel Standard. Legislation was reintroduced to establish the clean fuel standard of 2026. The bill is intended to reduce carbon intensity from the on-road transportation sector 20% by 2034, with further reductions to be implemented based upon advances in technology. The bill did not pass either house. S1343B (PARKER)/A472A (Woerner)
- Responsible Data Centers Act. Places a one-year moratorium on the issuance of data center permits; requires utilities to establish an independent service for large data centers; sets energy efficiency goals for data centers; provides for benefits for host communities; sets labor standards for the construction of data centers. The legislation passed both houses and awaits delivery to the Governor. S10642 (GONZALEZ)/A 11560 Rules (Barrett)
- Climate Accountability Act. Creates the "climate accountability and loss recovery act" to empower the attorney general to bring a civil action against a covered entity for recovery of costs and assessments arising from a climate disaster; establishes a strict liability standard for covered entities. The bill did not pass either house. S8585A (KAVANAGH)/ A9279A (Kelles)
- Climate Liability. Creates legal liability for fossil fuel related activity and creates a right of action. The legislation states that any “fossil fuel industry member whose conduct has caused or contributed to climate change in New York state, whether directly or indirectly, shall be liable for damages.” The bill failed to pass either chamber. S4799 (MYRIE)/A72 (Solages)
- Advanced Clean Truck (ACT) Delay. Delays the state’s ACT rule that when into effect 1/1/25 until 1/1/27. The bill did not pass either house. S5931 (COONEY)/A6359 (Lupardo) Note: DEC has issued an enforcement discretion letter delaying enforcement until 1/1/27.
- Advanced Clean Car (ACC) II Regulations Delay. Postpones the implementation and enforcement until 1/1/2028 of regulations that require 35% of 2026 model year vehicles offered for sale in New York must be Zero Emission Vehicles (ZEVs) and by 2035, all must be ZEVs. The bill did not pass either chamber. S8099 (FAHY)/A8524 (McDonald) Note: DEC issued an enforcement discretion letter delaying enforcement for two years (2026 and 2027).
- Cap and Invest. Establishes an economy-wide cap and invest program to support GHG reductions in the state by setting maximum allowable emissions and regulating the sale or auction of allowances to covered entities. Recent budget bill changes to the Climate law affect the viability of this bill. Though the deadline for any emission reduction rules has been extended to 12/31/28, it is unclear how enactment of this bill would affect the current regulatory proceedings. The bill did not pass either chamber. S4651A (PARKER)/A3975 (Kelles)
- Propane Fees Bill. Prohibits the misrepresentation or collection of certain fees related to the delivery, usage, and storage of liquified petroleum. Also prohibits passing on (or listing on a bill) to the customer any fiscal impact generated by the bill’s provisions. The bill passed the Senate but not the Assembly (S1783C (HINCHEY)/A825C (Woerner)
- Propane Advisory Board. Creates a propane consumer pricing advisor and a twelve-member Propane Advisory Board within the NYS DPS Service to monitor propane pricing practices, assess market conditions, develop consumer transparency guidelines, coordinate with enforcement authorities, and provide recommendations to enhance consumer protection in the retail propane market. The bill did not pass the Assembly. A10585 (Santabarbara) No Same as
- Propane Service Penalties. Establishes civil penalties for failure of propane providers to deliver emergency services under automatic refill contracts. Provides for enforcement by the Department of Public Service and the Attorney General. The bill did not pass the Assembly. A10686 (Santabarbara) No same as.
- Extended Gas Cylinder Responsibility. Establishes the extended producer responsibility act for gas cylinders, including propane. Provides that no later than December 31, 2029, a producer shall submit a plan for the establishment of a collection and recycling program for gas cylinders; creates a gas cylinders stewardship advisory board. The bill did not pass either chamber. S7552B (KAVANAGH)/A8195B (Gallagher)
- Home Improvement Fraud Prevention. Establishes the home improvement fraud prevention act relating to the responsibilities of home improvement contractors and requires home improvement contractors (including HVAC companies) to register with the secretary of state. The bill did not pass either house. S5248MAY)/A1782 (Rozic)
- Labeling Requirements for Gas Stoves. Requires the display of certain labels and warnings on gas stoves offered for sale at retail to a consumer in this state; authorizes the department of state to adopt regulations regarding such labels. Passed both houses and is awaiting delivery to the Governor. S1280B (KRUEGER)/A73B (Solages)
- Electric Vehicle fast Charging Plan. Requires NYSERDA to develop a comprehensive electric vehicle fast charging station implementation plan; creates a "Fast Charge NY working group." Passed both houses and is awaiting delivery to the Governor. S5189 (COMRIE)/A1012A (Barrett)
- The "Greener Highways Act." Requires alternative fuels to be available for public use along the New York state thruway after November 1, 2029; includes biodiesel in the definition of “alternative fuel". The bill did not pass the Senate. S2183B (PARKER) No Same as
- Grid Reliability/Affordability Act. Establishes the New York State grid reliability and energy affordability transition (GREAT) act; establishes a virtual power plant program to reduce energy costs and reliability risks. The bill passed the Senate but not the Assembly. S9500A (HINCHEY) No Same as
- New Yorkers for Common Cents Act. Requires merchants to round cash purchases to the nearest five cent denomination to reduce the circulation of pennies within New York State; applies to face-to-face in-person cash transactions; does not apply to check, electronic, or credit card transactions. The bill passed both houses and is awaiting delivery to the Governor. S8580A SKOUFIS/A9274A McDonald
