The 2026 New York’s 2026 legislative session concluded on Friday, June 5th, with the Assembly adjourning just after 8:00 p.m., with the Senate having adjourned earlier that morning around 1:30 a.m.
The legislative session in Albany is normally measured in two phases: budget time, which runs until sometime around the April 1 budget deadline, and post-budget, which runs from when the budget is done until the end of session. Traditionally, the post-budget phase lasts about eight weeks. However, this year’s post-budget phase was significantly truncated because of the very late State budget. The State budget was not finalized until May 27, which meant it was 56 days late, marking the latest State budget since 2010. The late state budget created challenges for the Legislature to address a myriad of policy priorities, and many bills that would normally have been contemplated for action were never addressed.
The main focus of the final days of the legislative session was on several high-profile issues that garnered significant attention. The first issue was related to redistricting, with the Legislature approving the first passage of a redistricting constitutional amendment, which will allow for mid- decade redistricting in 2028 and beyond. This amendment would also remove language in the State Constitution prohibiting political gerrymandering. This amendment was approved amid a nationwide movement to conduct mid-decade redistricting at the state level, spurred by President Trump’s requests for Republican-led state legislatures to create more favorable districts for Congressional Republicans to give them an edge to control the House of Representatives. As a reminder, all 435 seats in the U.S. House of Representatives are up for election this November. As the changes in New York will require an amendment to the New York State Constitution, the Legislature has to pass the same legislation outlining the constitutional amendment two years in a row and after the second passage, the proposed change can appear on the 2027 General Election ballot.
Another issue that gained momentum in the final days of session is a one-year moratorium on building AI data centers. Environmental groups originally sought a three-year moratorium on building new data centers, which are increasingly used to process artificial intelligence data. Data centers have enormous energy and water demands, and there are concerns about the strains they place on the State’s already-stressed electrical grid. The one-year pause on new construction is part of an omnibus package relating to data centers, which includes requiring the Public Service Commission (PSC) to account for high-energy use when considering utility rate increases. Further, the PSC would be required to enact regulations to make data centers pay more for energy prices given their outsized grid impacts.
Another issue that gained a lot of attention was related to regulating surveillance pricing. Surveillance pricing is when personal information, like browsing history, location, wages, and purchasing behavior, is used to set individual prices for goods and services using artificial intelligence. Attorney General Letitia James developed two bills to regulate surveillance pricing. One of the bills, the One Fair Price Act, would ban surveillance pricing and create a $1,000 penalty on those failing to comply. The other bill would 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. These bills became part of the affordability agenda that both houses and the Governor have been focused on this year. The business community opposed both bills and will continue to oppose them as they are sent to the Governor for her review.
Another high-profile piece of legislation that received significant attention but that ended up not being acted upon was related to packaging waste. Extended Producer Reliability (EPR) would require producers of packaging to fund a system whereby packaging is properly recycled and reused. Environmental groups strongly supported this legislation, along with localities that argued that they unfairly bear the cost of such waste. The bill would have also banned certain chemicals and materials in packaging products. Industry and business groups opposed this legislation, raising concerns that this bill would increase the price of consumer goods in New York. Although the bill was amended in May to address some industry concerns, the bill could not overcome the opposition and did not pass in either house. Environmental groups will continue to prioritize this as a critical issue for the Legislature to address next year.
Now that session has concluded, everyone’s focus will turn to the upcoming Primary Elections on Tuesday, June 23 and the General Election on Tuesday, November 3. All 213 seats of the State Legislature are on the General Election ballot, as are the four statewide offices for Governor, Lieutenant Governor, Attorney General and Comptroller, and all 26 New York seats in the U.S. House of Representatives. A significant number of legislators, and the current State Comptroller, are facing primary challenges this year, which increased the pressure to end the legislative session on time. We already know that there are many members of the Legislature who are retiring or seeking other office, so there will be many new members in both houses for the next legislative session. In addition, many of those leaving are chairs of key committees or members of their respective house’s leadership, so we will see many new faces in leadership positions next year.
As always, we will be in touch regarding specific legislative issues of importance to you and provide summaries of key issues in the coming weeks. We will also discuss next steps on your legislative priorities for 2027. For those who are marking their calendars, the 2027 legislative session will begin on Wednesday, January 6, 2027. Please let us know if you have any questions.