New York 2025 Legislative Session Review

The New York State Legislature concluded the work of the 2025 Legislative Session,  which began on January 8, early in the morning on Tuesday, June 17, days later than  scheduled. The State Senate concluded its regular session in the early morning hours of  Friday, June 13. The State Assembly extended its work into the following week. In  total, the Senate and Assembly passed 1,743 and 995 bills respectively; of these, 856  have passed both Houses and will await action by the Governor over the next several  months. 

Significant legislation approved by both houses includes the following: 

Artificial Intelligence (AI) Regulation:  

o The Responsible AI Safety and Education (RAISE) Act would require large  AI developers to establish and publish safety protocols and report serious  incidents. (S.6953-B/A.6453-B) 

o Proposed requirements that advertisers disclose the use of a synthetic  performer (e.g., AI-generated images or voices). (S.8420-A/A.8887-B) • Corrections System Reforms: An omnibus bill which would impose various  changes to New York's corrections system intended to improve the safety of  incarcerated individuals. (A.8871/S.8415)

Fair Business Practices: The Fostering Affordability and Integrity Through  Reasonable Business Practices (FAIR) Act which would expand New York's  consumer protection law, broadening its scope beyond “deceptive" business  practices to also include "unfair" and "abusive" acts. (A.8427-A/S.8416-A) 

Medical Aid in Dying: This bill would allow mentally capable, terminally ill  adults with a prognosis of six months or less to live to request and self administer life-ending medication, with safeguards to ensure informed and  voluntary decisions. (A.136/S.138) 

Despite efforts to advance them, many bills failed to achieve two house approval.  Legislation passed the Senate that would have established state level amendments on  GRAS and created reporting requirements; established a clean fuel standard;  established the TEMP Act and enacted Extended Producer Responsibility (EPR), all of  which failed to receive two house approval. 

Legislative leaders and Governor Hochul have warned of potential financial shortfalls to  New York State that may result from actions by the federal government. Lawmakers’  return to Albany later in the year to address federal funding cuts remains a possibility.  

The following is an overview of the legislation that passed both houses of most  relevance to NEAFA membership and the agribusiness industry.  

AGRICULTURE AND ENVIROMENT 

Chapter Amendment - New York Grown, Produced, or Harvested Milk (S795,  Hinchey - A414, Lupardo) 

This law amends chapter 632 of the laws of 2024, to add milk and milk products in the  definition of “surplus agricultural products.” The law also removes “other farm produced  beverages” from being listed as included under the definition of surplus agricultural  products.  

Status: Chapter 1 of the Laws of 2025 

Effective Date: This act shall take effect on the same date and in the same manner as  a chapter of the laws of 2024 amending the agriculture and markets law relating to the  definitions of surplus agricultural products and processed products for the purposes of  

the Nourish New York program, as proposed in legislative bills numbers S.8690 and  A.9259, takes effect.

Chapter Amendment - Membership on State Fire Prevention and Building  Code Council (S779, Comrie - A596, Woerner) 

This law amends chapter 604 of the laws of 2024 which increased the membership of  the NYS Fire Prevention and Building Code Council to include an agricultural producer.  This law further increases the membership by adding the Commissioner of Agriculture  

and Markets, thus restoring an odd number to the membership to prevent ties in  voting. The law also amends the effective date to July 1, 2025. 

Status: Chapter 4 of the Laws of 2025 

Effective Date: This act shall take effect immediately; provided, however, that section  one of this act shall take effect on the same date and in the same manner as a  chapter of the laws of 2024 amending the executive law relating to the appointment for  agricultural representation on the state fire prevention and building code council, as  proposed in legislative bills numbers S.1218-B and A.1080-B, takes effect. 

Chapter Amendment - Including Cannabis in Definition of Crops, Livestock,  and Livestock Products (S780, Hinchey - A417, Lupardo) 

This law amends chapter 605 of the laws of 2024 to expand the definition of crops,  livestock, and livestock products to include cannabis when cultivated in accordance with  the cannabis law. The law also amends the effective date such that it retroactively  applies starting January 1, 2024. 

Status: Chapter 2 of the Laws of 2025 

Effective Date: This act shall take effect immediately; provided, however, that section  one of this act shall take effect on the same date and in the same manner as a  chapter of the laws of 2024 amending the agriculture and markets law relating to  expanding the definition of crops, livestock and livestock products to include cannabis,  as proposed in legislative bills numbers S.1752 and A.1234, takes effect. 

Chapter Amendment - Native Plant and Seed Supply, Development and  Enhancement Program (S794, May - A442, Kelles) 

This law amends chapter 630 of the laws of 2024 requiring the Commissioners of the  Department of Environmental Conservation, the Department of Economic Development,  and the Department of Agriculture and Markets to develop a list of plant seeds eligible  for the NY Native Plant Seed Supply, Development, and Enhancement Program. The  new law requires that the list must be updated at least once every three years. The law 

also amends the definition of “native plant seed” to include certain non-invasive  herbaceous and woody plant species and germinating seeds.  

Status: Chapter 89 of the Laws of 2025 

Effective Date: This act shall take effect on the same date and in the same manner as  a chapter of the laws of 2024 amending the agriculture and markets law relating to  establishing a native plant seed supply, development and enhancement program, as  proposed in legislative bills numbers S.7849 and A.9043, takes effect. 

Farmers’ Markets in State/Local Parks (S1376, Serrano - A4632, Kim) 

This bill would encourage the promotion of farmers’ markets at state parks if doing so  would not harm the natural environment or integrity of the park. 

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately. 

Local Freshwater Wetlands Pesticide Prohibition (S5983-A, Harckham - A6930, Burdick) 

This bill would prohibit the application of pesticides to local freshwater wetlands that  are hydraulically connected to a reservoir, reservoir stem, class A waterway, or other  source of public water supply. The bill would also create exemptions for controlling  invasive species, pests of significant public health importance, noxious weeds  designated by DEC as injurious to ecosystem health, or for the protection of critical  native plant species.  

Status: Passed Both Houses 

Effective Date: This act shall take effect on the ninetieth day after it shall have become  a law. 

New York Native Plants Designation (S7359-A, May - A7964-A, Kelles) 

This bill would establish a New York native plants designation. The bill would authorize  the Department of Agriculture and DEC to establish standards and guidelines for making  such designation.  

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately.

Produce Security Fund (S8243, Hinchey - A8420, Ramos) 

This bill would increase the allowable maximum value of the Producer Security Fund that ensures that milk producers are made whole if a milk dealer defaults on a  purchase. Currently, the maximum value of the fund is capped at $4 million; this  proposal would increase that maximum to $6 million.  

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately.  

BUSINESS, FINANCE AND INSURANCE 

Consumer Litigation Financing (S1104-A, Cooney - A804-C, Magnarelli) 

This bill would establish the Consumer Litigation Funding Act (CLFA). The CLFA would  create safeguards by establishing clear standards for consumer litigation funding  agreements. It would mandate transparency, enforce financial limitations to prevent  exploitative lending practices, and grant consumers the right of rescission. Specifically,  the legislation would cap total charges at 25 percent of the gross proceeds from a  claim, regardless of the amount advanced. To ensure parties are aware of the set  maximum, contracts would be required to include a statement explaining it. This limit  would create predictability, protect plaintiffs from excessive repayment obligations, and  help ensure that those who win their cases retain most of their awards. Regulating this  practice is necessary to ensure fairness in the legal system while protecting businesses  and consumers from its unintended consequences.  

Status: Passed Both Houses 

Effective Date: This act shall take effect on the one hundred eightieth day after it shall  have become a law; provided, however, it shall not apply or in any way affect or  invalidate any consumer litigation funding previously effectuated prior to the effective  date of this act. 

Plaintiff Recovery Against Third Party and Co-Defendants (S5170, Skoufis - A3351, Dinowitz) 

This bill would permit a plaintiff to recover an unsatisfied judgment or portion thereof  against a third-party defendant or co-defendant liable for contribution or  indemnification under certain circumstances.  

Status: Passed Both Houses

Effective Date: This act shall take effect immediately and shall apply to all judgments  entered by plaintiffs on or after such date.  

Retail Food Stores, Food Services Establishments, and Food Warehouse  Licensing (S8388, Hinchey - A8419, Conrad) 

This bill would provide the Department of Agriculture and Markets with additional  licensing and enforcement authority. The amendments would provide the Department  with broader enforcement authority over stores, establishments, and warehouses cited  as having unsanitary conditions. 

Status: Passed Both Houses 

Effective Date: This act shall take effect on the one hundred twentieth day after it shall  have become a law. 

Powers of the Attorney General (S8411, Skoufis - A8869, Romero) 

This bill would enhance certain powers of the State Attorney General. If enacted, these  would include:  

• Requiring the State Police to provide the Department of Law with real-time  access to the criminal gun clearinghouse.  

• Authorizing the Attorney General to investigate and pursue civil actions for  repeated or persistent discriminatory practices.  

• Allowing the Attorney General to sue law enforcement agencies for patterns or  practices that violate individuals’ rights.  

• Authorizing the denial of access to certain public records related to civil  investigations if they identify confidential sources or disclose confidential  information. 

An additional memo with more details on this bill will be provided in the weeks to come.  

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately.

Fostering Affordability and Integrity Through Reasonable (FAIR) Business  Practices Act (S8416-A, Comrie A8427-A, Lasher) 

This bill would significantly broaden the Attorney General's power to protect New Yorkers  from unfair, deceptive, and abusive business practices. Key provisions include: • Expanded Scope of Unlawful Practices: The bill explicitly outlaws "unfair" and  "abusive" acts and practices, in addition to "deceptive" ones, and provides  definitions for these terms.  

• Elimination of "Consumer-Oriented" Requirement: It removes a court-created  limitation that previously restricted the Attorney General's enforcement actions to  only those practices deemed "consumer-oriented" or having a broad public impact.  This means the Attorney General can now pursue actions for harmful practices  that affect businesses and non-profits, as well as individuals, even if not widely  "consumer oriented." 

• Broadened Enforcement Power: The Attorney General can bring actions against  any person or entity conducting business in the state, regardless of whether that  business is located within or outside of New York, and can seek injunctions,  penalties, and restitution. 

• Definition of "Abusive" Practices: An act or practice is considered "abusive" if it  materially interferes with a person's understanding of product/service terms or  takes unreasonable advantage of a person's lack of understanding, inability to  protect their interests, or reasonable reliance. 

Status: Passed Both Houses 

Effective Date: This act shall take effect on the sixtieth day after it shall have become a  law. 

Beneficial Owner (S8432, Hoylman-Sigal - A8662-A, Gallagher) 

This bill would amend the definition of “beneficial owner” in the LLC law to mean any  entity or individual who, directly or indirectly, through any contract, arrangement,  understanding, relationship, or otherwise: (1) exercises substantial control over the entity; or (2) owns or controls not less than twenty-five percent of the ownership  interests of the entity. 

The bill would also amend the definition of “reporting company” in the LLC law to  include an LLC that is created by the filing of a document with the secretary of state; or  is authorized to do business in this state. The bill would also list who is expressly  excluded from the definition of reporting company. 

Finally, the bill would amend the definition of “exempt company” to include conditions  that a reporting company would have to meet to qualify as exempt. 

Status: Passed Both Houses  

Effective Date: This act shall take effect immediately; provided, however, that if the  provisions of chapter 772 of the laws of 2023 shall not have taken effect on or before  such date then section one of this act shall take effect on the same date and in the same  manner as such chapter of the laws of 2023 takes effect.  

LABOR RELATIONS 

Paid Family Leave Benefits (S50, Comrie - A4727 Bronson) 

This bill would extend paid family leave benefits to workers employed by more than one  employer in the field of construction, excavation, rehabilitation, repairs, reconstruction,  renovations, alterations, and improvements so long as they are employed for twenty-six  of the last thirty-nine weeks with one or more covered employers. 

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately. 

Eligibility for Classification as Permanent Total Disability (S2537 Ramos - A2748 Bronson) 

This bill would change the classification of permanent disability under Workers’  Compensation Law to match the definition by federal Social Security Disability  Insurance (SSDI). The SSDI definition would be a significantly lower threshold than that  currently in Workers’ Compensation Law. 

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately and shall apply to injuries subject  to the provisions of the workers' compensation law arising on and after the effective  date of this act. 

Use of Consumer Credit History in Hiring, Employment and Licensing  Determinations (S3072, Sanders - A1316, Dinowitz) 

This bill would prohibit employers or potential employers from using a job applicant or  employee's consumer credit report in decisions to hire, terminate, promote, demote,  discipline, compensate, or in setting the terms, conditions, or privileges of employment.

Status: Passed Both Houses 

Effective Date: This act shall take effect on the one hundred twentieth day after it shall  have become a law. 

Reasonable Accommodation Anti-Retaliation Act (S3398, Gounardes - A4898,  Clark) 

This bill would clarify that the New York State Human Rights Law's anti-retaliation  provisions extend to individuals requesting reasonable accommodations in addition to  those who complain of discriminatory practices. 

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately and shall apply to all actions filed  on or after the effective date. 

Trapped at Work Act (S4070-B, May - A584-C, Steck)  

This bill, if signed into law, would enact the "Trapped at Work Act," which would  prohibit employers from requiring, as a condition of employment, any worker or  prospective worker to execute a promissory note. It also would render any existing note  unenforceable and would establish penalties of not less than $1,000 and not more than  $5,000 for each violation. 

The bill would also exempt agreements that require workers to repay their employer  any sums advanced to the worker by the employer, unless such sums were used to pay  for: training related to the worker's employment with the employer; any property it has  sold or leased to the worker; relates to terms or conditions of sabbatical leaves; or is  entered into through a collective bargaining representative. 

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately. 

Workplace Violence Evaluation and Lost Wages (S5254, Ryan - A6612,  Bronson) 

This bill would prevent any employee who participates in an inspection, a risk  evaluation, or determination inspection, or who participates in an annual review of or as  a result of the Workplace Violence Prevention Plan from being subject to a reduction in  wages. 

Status: Passed Both Houses  

Effective Date: This act shall take effect immediately. 

Opioid Antagonists in First Aid Kits (S5922-A, Fernandez - A2725-A, Paulin)  

This bill would require that opioid antagonists are included in First Aid materials in  workplaces that are federally mandated by the Occupational Safety and Health  Administration to have First Aid kits. 

Status: Passed Both Houses 

Effective Date: his act shall take effect on the one hundred eightieth day after it shall  have become a law. 

Remedial Construction of New York Labor Law Act (S7388, Ramos - A7863,  Bronson) 

This bill would direct New York State courts to construe components of the New York  Labor Law liberally, while exceptions and exemptions should be construed narrowly so  that unlawful conduct might be deterred to the greatest extent possible. The legislative  intent states that the law should be “construed liberally in favor of workers to  accomplish its broad remedial purposes.” 

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately.  

Workers’ Compensation Fraud Assessment Commission (S7950-A, Bailey - A8429-B, Bronson) 

This bill would create a Fraud Assessment Commission that would advise the Workers'  Compensation Board Chair and the Workers' Compensation Investigator General on  necessary assessments and allocation of funds to support local prosecutors in the  investigation and prosecution of workers compensation premium fraud, no later than  November 1, 2025. 

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately.

Discriminatory Effect Standard (S8338, Mayer - A8699-A, Bichotte Hermelyn) 

This bill would clarify the standard for when a practice has a discriminatory effect as a  method of establishing unlawful discrimination under the Human Rights Law. This  legislation would codify disparate impact analysis for employment discrimination cases  in New York State law, ensuring plaintiffs can continue to bring disparate impact cases  under New York law. 

Status: Passed Both Houses 

Effective Date: This act shall take effect immediately and shall apply to all cases  alleging unlawful discriminatory practices constituting employment discrimination  occurring on and after such effective date. Effective immediately, the addition,  amendment and/or repeal of any rule or regulation necessary for the implementation of  this act on its effective date are authorized to be made and completed on or before  such effective date.