S T A T E   O F   N E W   Y O R K
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                                  3742

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the public health law and the executive law, in relation
  to the provision of hazardous materials emergency response training to
  emergency  medical  services  personnel  employed by a fire department
  operating within a city with a population of more than one million

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
3005-c to read as follows:
  S 3005-C. HAZARDOUS MATERIALS EMERGENCY RESPONSE TRAINING. 1.   BEGIN-
NING  JANUARY FIRST, TWO THOUSAND ELEVEN, THE DEPARTMENT, IN COOPERATION
WITH THE STATE FIRE ADMINISTRATOR, SHALL MAKE AVAILABLE HAZARDOUS  MATE-
RIALS  EMERGENCY  RESPONSE TRAINING, PURSUANT TO THE PROGRAM ESTABLISHED
IN SECTION ONE HUNDRED FIFTY-SIX-A OF THE EXECUTIVE LAW, FOR  ALL  EMER-
GENCY MEDICAL SERVICES PERSONNEL EMPLOYED BY A FIRE DEPARTMENT OPERATING
WITHIN A CITY OF ONE MILLION OR MORE.
  2. THE COMMISSIONER SHALL INFORM ALL EMERGENCY MEDICAL SERVICE PERSON-
NEL  COVERED  BY  SUBDIVISION ONE OF THIS SECTION, OF THE IMPLEMENTATION
AND AVAILABILITY OF THE HAZARDOUS MATERIALS EMERGENCY RESPONSE  TRAINING
PROGRAM.
  3. FUNDING FOR THE TRAINING REQUIRED BY THIS SECTION SHALL BE PROVIDED
BY  THE  DEPARTMENT  PURSUANT  TO  SECTION   NINETY-SEVEN-Q OF THE STATE
FINANCE LAW.
  S 2. Subdivision 1 of section 156-a of the executive law,  as  amended
by  section  1 of part D of chapter 1 of the laws of 2004, is amended to
read as follows:
  1. (A) The state fire administrator shall, in his or  her  discretion,
consult  with the fire fighting and code enforcement personnel standards
and education commission established pursuant  to  section  one  hundred
fifty-nine-a of this article, to establish a specialized hazardous mate-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05914-01-9
              

A. 3742                             2

rials  emergency  response  training program for individuals responsible
for providing emergency response recovery following incidents  involving
hazardous  materials as defined in accordance with section fourteen-f of
the  transportation  law.  The state fire administrator shall inform all
fire companies, municipal corporations and districts, including agencies
and departments thereof and all firefighters, both paid  and  volunteer,
and  related officers and employees and police officers of the implemen-
tation and availability of the hazardous  materials  emergency  response
training  program and shall, subject to the availability of an appropri-
ation,  conduct  such  training  with  sufficient  frequency  to  assure
adequate   response  to  incidents  involving  hazardous  materials  and
protection of responders in all geographic areas of the state.
  (B) THE STATE FIRE ADMINISTRATOR SHALL COOPERATE WITH THE COMMISSIONER
OF HEALTH TO ESTABLISH THE  SPECIALIZED  HAZARDOUS  MATERIALS  EMERGENCY
RESPONSE  TRAINING  PROGRAM  FOR  EMERGENCY  MEDICAL  SERVICES PERSONNEL
PROVIDED FOR IN SECTION THREE THOUSAND FIVE-C OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect immediately.