What's happening
This bill prohibits elected officials in New York from collecting retirement benefits while still serving in an elected position.
Why it matters
Closes a key loophole. The bill removes language that previously let retired elected officials return to office and collect both a public salary and pension, even in cases where they were re-elected or reappointed to the same office.
Eliminates double-dipping. By requiring the suspension of pension payments for anyone serving in elected office, the bill aims to prevent "double-dipping"—a practice widely criticized as unfair and costly to taxpayers.
Standardizes public employment rules. Elected officials are now treated like most other public employees regarding pension suspensions, making the rules more consistent and potentially strengthening public trust in government compensation practices.
Potential savings for taxpayers. By stopping simultaneous salary and pension payments to current elected officials, the bill could reduce pension system costs and free up public funds for other uses.
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Who cares
Headline styles
Stop Double-Dipping by Politicians
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1578
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the civil service law, in relation to prohibiting elected officials from collecting retirement while still in an elected position
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 150 of the civil service law, as amended by chapter 211 of the laws of 1995, is amended to read as follows:
§ 150. Suspension of pension and annuity during public employment. Except as otherwise provided by sections one hundred one, two hundred eleven, and two hundred twelve of the retirement and social security law, section five hundred three of the education law, and except as now provided by any local law or charter, if any person subsequent to his or her retirement from the civil service of the state or of any municipal corporation or political subdivision of the state, shall accept any office, position or employment in the civil service of the state or of any municipal corporation or political subdivision of the state to which any salary or emolument is attached, except jury duty or the office of inspector of election, poll clerk or ballot clerk under the election law, or the office of notary public or commissioner of deeds, [or an elective public office,] any pension or annuity awarded or allotted to him or her upon retirement, and payable by the state, by such municipal corporation or political subdivision, or out of any fund established by or pursuant to law, shall be suspended during such service or employment and while such person is receiving any salary or emolument therefor except reimbursement for traveling expenses. [Notwithstanding the foregoing, if any person, subsequent to his or her retirement from an elective public office, accepts appointment, is re-elected or takes a new oath of office to the same elective public office from which he or she retired, his or her retirement allowance shall be suspended until the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00607-03-7
S. 1578 2
date he or she vacates such elective public office, unless the amount earned for any calendar year for that elective public office does not exceed the earning limitation provided for retired persons in section two hundred twelve of the retirement and social security law. However, for purposes of this section the age seventy unlimited earnings provision of section two hundred twelve of the retirement and social security law will not pertain to any person, subsequent to his or her retirement from an elective public office, if such person accepts appointment, is re-elected or takes a new oath of office to the same elective public office from which he or she retired.]
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil service law, in relation to prohibiting elected officials from collecting retirement while still in an elected position
Purpose or general idea of bill
To assign liability to a producer for actions taken during the exploration, drilling or development of wells that produce oil gas, salt or hydrocarbon mixture, which result in an adverse impact on a public water system.
Summary of specific provisions
Section 1. The environmental conservation law is amended by adding a new section 23-0315.
Read the full memo (1,000 words)
Subdivision (1) assigns producer liability with regards to actions performed or completed during the course of exploration, drilling or development of wells that produce, oil, gas, salt or hydrocarbon mixture, that directly result in a public water system failing to meet all of the existing filtration avoidance criteria established by 40C.F.R. § 141.71.
Subdivision (2) stipulates that violators shall be held liable for civil penalties and damages associated with the violation.
Subdivision (3) allows the commissioner to issue an order to suspend drilling operations whenever a violation involving this section occurs. Provides legal recourse for an aggrieved party through the issuance of an order to show cause.
Section 2. The public health law is amended by adding a new section 1170. Subdivisions (1), (2) and (3) are added to conform to the new section 23-0315 of the environmental conservation law, as it relates to the protection of potable water supplies.
Justification
New York State has been generously endowed with water resources which have contributed and continue to contribute greatly to the position of preeminence attained by New York in population, agriculture, commerce, trade, industry and outdoor recreation. It is the sovereign power to regulate and control the water resources of this state ever since its establishment has been and now is vested exclusively in the state of New York, except to the extent of any delegation of power to the United States.
New York State is home to the largest unfiltered fresh water aquifer in the country. The Delaware/Catskill watershed supplies 90% of the potable water used in New York City; essentially half of the state's population receives its drinking water from this system. In 1993 the U.S. Environmental Protection Agency (US EPA) granted New York City an exemption from having to filter the water coming from the Delaware/Catskill system, in exchange for New York City's compliance with a strict watershed control program. New York City has invested about $2 billion in system maintenance and land acquisition in order to create buffer zones between the watershed and human activities that could be detrimental to the water system. Federal regulations regarding the exemption specifically state that a watershed control program must, "Monitor the occurrence of activities which may have an adverse effect on source water quality. The public water system must demonstrate through ownership and/or written agreements with landowners within the watershed that it can control all human activities which may have an adverse impact on the microbiological quality of the source water."
Both the City of New York and the Department of Environmental Protection (NYCDEP) have expressed grave concerns regarding the prospect of drilling in the Delaware/Catskill watershed and how it may affect New York City being able to retain the Filtration Avoidance Determination (FAD). The failure to obtain an extension of the FAD would require New York City to build a filtration plant for the Delaware/Catskill system which is estimated to exceed $10 billion, with an annual operating cost of $100 million. This would create a tremendous burden on ratepayers, whom already face exorbitant costs for water use.
The fact that federal regulations state a public water system coming under the exemption must monitor human activities which "may" cause an adverse impact, is a great concern. Water contamination has been confirmed in Sublette County, Wyoming and just recently in the neighboring state of Pennsylvania, where the state is seeking $440,000 in damages resulting from a waste pit that had a tar in the lining, leading to black fluid to seep into a nearby stream. This does not account for the 1,000 other cases of contamination in Colorado, New Mexico, Alabama, and Ohio. In the case of New Mexico, a survey documenting water contamination coming from unlined pits led to the state placing a one-year moratorium on drilling around Santa Fe, despite legal action taken by companies with active leases.
To say that there has never been or will never be water contamination resulting from the gas extraction process is an obfuscation of the facts. According to an article printed in the Ithaca Journal on November 8, 2009, over 270 drilling accidents involving wastewater spills, well contamination, explosions, methane migration and ecological damage have occurred in New York State in relation to gas production since 1979. Even if this represents a small percentage of accidents in proportion to successful drilling operations, New York City, and other municipalities currently holding onto a FAD, do not have the luxury of allowing human activities to occur within their respective watershed(s) when an accident "may" happen.
The state has borne great costs in clean-up and plugging operations of previous wells that were left by unscrupulous extraction companies. If an outright ban cannot be implemented due to constitutional constraints over ownership of mineral rights, than it is the duty of New York State to put in place other mechanisms to protect potable water supplies and discourage development in environmentally sensitive areas. It is estimated that of the 500 trillion cubic feet of natural gas trapped in the Marcellus Shale, that only 10% is recoverable. That amounts to only about 2 years of natural gas supply for the entire country at current consumption levels. We must evaluate our willingness to jeopardize our potable water for short-term gain and use our prescience in the prioritization of natural resources.
Prior legislative history
2015-16: S.679/A.4701 (Colton) 2013-14: S.447/A.1529 (Colton) 2011-12: S.4834/A.6922 (Colton)
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.