Long list of bills await action by Hochul, including curbs on data centers

ALBANY — Gov. Kathy Hochul signed a bill this year prohibiting unfair residential real estate service agreements. She approved bills that enacted a number of school speed zone camera pilot programs. And in August, she tackled a slew of bills authorizing new hotel taxes for local governments across the state.

But a number of hot topic bills are still awaiting her decision, including a more restrictive moratorium on data centers than the one included in an executive order she issued earlier this summer.

Then there are bills that would require retailers to round prices to avoid using pennies, give consumers rebates for buying electric landscaping equipment and ensure a right to in-person prison visits.

The State Legislature passed more than 750 bills during its session. Of those, Hochul has signed more than 175 since the end of the session in June.

After a bill passes, Hochul’s office typically calls for bills in batches to be sent to her desk for consideration.

Hochul has often waited until late in the calendar year to consider larger or more controversial bills. Last year she didn’t sign the controversial Medical Aid in Dying bill until mid-December.

"Some have to be prioritized because there's absolute deadlines that have to occur, so there's a long process," she said during an appearance in Buffalo this summer. "We pressure test, we talk to people affected and then it comes to me for review. So, we've got some time."

Here’s some of what is left on her plate:

Data centers

Days before the end of the legislative session in June, lawmakers passed a bill placing a one-year moratorium on the construction of new data centers.

Hochul took her own action in July by issuing an executive order. The order differs slightly from the bill legislators passed, and lawmakers have been pushing her to sign the bill.

Over the past month, a group of legislators have toured potential data center sites around the state to rally support for their bill.

Prison visits

This bill would enshrine the right for incarcerated New Yorkers to receive in-person visits. The state Department of Corrections and Community Supervision has long allowed those visits but they are not required to.

Supporters said the goal of the visitation program is to provide institutional safety, rehabilitation and public safety.

It would also ensure that video visitation would not replace in-person visits.

End of pennies

Businesses would have to round cash transactions to the nearest nickel under a bill approved by lawmakers. The measure aims to provide guidance after the federal government stopped making pennies last year due to the cost.

It does not apply to electronic transactions.

Kyra’s Law

Named after a 2-year-old who was fatally shot by her father during an unsupervised visitation, the bill directs family and supreme courts to prioritize the safety and health of children above other factors. It requires judges to review past allegations of domestic violence or child abuse before deciding on custody or unsupervised visitation.

Lawn equipment

State lawmakers passed legislation aimed at incentivizing contractors and public institutions to purchase electric lawn equipment through a rebate. In 2022, Hochul vetoed a previous version of the bill.

Surveillance pricing

The bill would ban retailers from setting individualized prices for goods or services based off algorithmic pricing. It would also require retailers that use an automated pricing system to publicize the data it relies on to set those prices.

Retailers are lobbying for changes to the bill, arguing it limits their ability to offer customers discounts.

PFAS limits

A new measure would lower the limits on per- and polyfluoroalkyl substances, known as PFAS, in drinking water.

New York already has a limit of 10 parts per trillion for the chemicals. The bill would limit levels to below 4 parts per trillion for PFOA and PFOS

Sell-by dates

Customers would now see "best if used by" and "use-by" dates rather than a "sell-by" date on food products in stores. The legislation’s goal is to streamline food labeling and reduce food waste.

It also would require food producers and manufacturers to use scientifically valid methods to estimate those best-by and use-by dates.

Artificial intelligence

Among a slew of bills related to artificial intelligence are two aimed at protecting children.

One prohibits companies from providing AI companions that suggest to children a chatbot is a real person or fictional character. It also bans those that engage in flattery or promote self-harm.

Another bill puts a five-year moratorium on the sale of AI chatbots embedded in children’s toys.

Hochul has pushed a number of initiatives to help prevent potential harm to children from artificial intelligence, including disabling AI features on online platforms. 

In March, New York was named one of the top two states in the nation for technology laws meant to keep kids safe online by a public health advocacy group.

"From groundbreaking restrictions on addictive social media feeds and data collection from minors to guardrails on AI chatbots and a bell-to-bell school cellphone ban, we are putting our kids first," Hochul said at the time.