S T A T E   O F   N E W   Y O R K
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                                  9394

                          I N  A S S E M B L Y

                            February 24, 2012
                               ___________

Introduced  by  M.  of A. N. RIVERA, CRESPO, LINARES, CASTRO, RODRIGUEZ,
  ARROYO, J. RIVERA, MOYA, P. RIVERA -- read once and  referred  to  the
  Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to combat-
  ing the incidence of adult and child obesity, establishing a community
  gardens task force and encouraging direct marketing  of  fresh  fruits
  and  vegetables  in  areas  with  a  high incidence of adult and child
  obesity (Part A); to amend the education law, in relation to screening
  for childhood obesity and promotion of  the  availability  of  certain
  foods  and  beverages  in schools (Part B); to amend the public health
  law, in relation to regulating the use of artificial  trans  fats  and
  requiring  food  service  facilities  to  post  or provide nutritional
  information on the food products served, and the inclusion  of  weight
  control in the health care and wellness education and outreach program
  (Part  C);  to amend the education law, in relation to restricting the
  sale, lease, transfer or authorization of open-air  schoolhouse  play-
  grounds  for  certain  uses  (Part  D); to amend the education law, in
  relation to instruction in good health and reducing the  incidence  of
  obesity  (Part  E);  to  amend  the  public health law, in relation to
  in-utero exposure to tobacco smoke prevention (Part F); to  amend  the
  public  health  law,  in  relation  to  including  certain respiratory
  diseases and obesity within disease management demonstration  programs
  (Part G); to amend the public health law, in relation to the reduction
  of   emphysema,  chronic  bronchitis  and  other  chronic  respiratory
  diseases in children (Part H); to amend  the  public  health  law,  in
  relation  to the collection and reporting of obesity data (Part I); to
  amend the public health law,  in  relation  to  directing  the  health
  research  science board to study respiratory diseases and obesity, and
  childhood obesity prevention and screening  (Part  J);  to  amend  the
  public  health  law,  in  relation to breastfeeding of infants and the
  adolescent pregnancy nutrition counseling program (Part K);  to  amend
  the  education  law, in relation to the use of inhalers and nebulizers
  (Part L); to amend the real property law, in relation  to  residential
  rental  property smoking policies (Part M); to amend the state finance
  law, in relation to establishing the obesity and  respiratory  disease
  research  and  education fund (Part N); to amend the insurance law, in
  relation to wellness programs (Part O); to amend the  social  services

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13426-06-2

A. 9394                             2

  law,  in relation to health and nutritional education and services and
  child day care facilities; and to amend the county law, in relation to
  the Cornell cooperative extension system relating to adult and  child-
  hood obesity, asthma, and respiratory illness prevention (Part P)

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "omnibus obesity and respiratory illness reduction act".
  S  2.  This  act enacts into law major components of legislation which
combat  the  incidence  of  adult  and  child  obesity  and  respiratory
diseases,  and  encourage the production and consumption of fresh fruits
and vegetables. Each component is wholly contained within a Part identi-
fied as Parts A through  P.  The  effective  date  for  each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is found.   Section four of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Section 3 of the agriculture and markets law, as amended by
chapter 651 of the laws of 1946, is amended to read as follows:
  S 3. Declaration of policy and purposes.  The agricultural industry is
basic to the life of our state. It  vitally  concerns  and  affects  the
welfare, health, economic well-being and productive and industrial capa-
bilities  of  all  our people. It is the policy and duty of the state to
promote, foster, and encourage the agricultural  industry,  with  proper
standards  of  living for those engaged therein; to design and establish
long-range programs for its stabilization and profitable  operation;  to
increase  through education, research, regulation, and scientific means,
the quantity, quality, and efficiency of its production; to improve  its
marketing system; to encourage adequate and skilled assistance for agri-
cultural  enterprises; to maintain at fair prices uncontrolled by specu-
lation the instrumentalities and  products  of  agriculture;  to  remove
unnecessary  or unfair costs and obstacles in the [transporation] TRANS-
PORTATION, storage, processing, distribution,  marketing,  and  sale  of
agricultural  products;  to  prevent  frauds  in the traffic therein; to
promote an expanded demand for the state's agricultural products and the
intelligent uses thereof by consumers as pure  and  wholesome  food;  to
protect  the  public health and to eliminate the evils of under-nourish-
ment; to encourage the selection and consumption of  food  according  to
sound dietary and nutritional principles; TO IMPROVE OUR CITIZENS' OVER-
ALL HEALTH AND TO COMBAT THE INCREASING INCIDENCE OF ADULT AND CHILDHOOD
OBESITY; and to make our people conscious of the bond of mutual self-in-
terest between our urban and our rural populations.
  Accordingly, all laws enacted concerning the agricultural industry and
its  allied subjects, whether included in this chapter or not, are to be
deemed an exercise of the police power of the state and a  discharge  of
its  obligations for the promotion of the general welfare through state-
wide laws and regulations, local initiative and government,  cooperative

A. 9394                             3

action  between  groups  and  localities, home-rule measures, individual
enterprise, civic consciousness, and appropriate coordination  with  the
federal  government  and  as  between  educational research institutions
within the state.
  Such  laws  and  all  governmental  measures  adopted pursuant thereto
should receive a liberal interpretation and application  in  furtherance
of the aforesaid policy and purposes.
  S 2. Subdivision 5-b of section 16 of the agriculture and markets law,
as  added  by  chapter  2  of  the  laws  of 2001, is amended to read as
follows:
  5-b. (A) Establish, in cooperation with the commissioner of education,
a farm-to-school program to facilitate and promote the purchase  of  New
York farm products by schools, universities and other educational insti-
tutions  under the jurisdiction of the education department. The depart-
ment shall solicit information from the education  department  regarding
school  districts  and  other  educational  institutions  interested  in
purchasing New York farm products, including but  not  limited  to,  the
type  and  amount of such products schools wish to purchase and the name
of the appropriate contact person from the interested  school  district.
The  department  shall make this information readily available to inter-
ested New York farmers, farm organizations and  businesses  that  market
New  York farm products. The department shall provide information to the
education department and interested school districts  and  other  educa-
tional  institutions  about  the availability of New York farm products,
including but not limited to, the types and amount of products, and  the
names  and  contact information of farmers, farm organizations and busi-
nesses marketing such products. The commissioner  shall  report  to  the
legislature  on  the need for changes in law to facilitate the purchases
of such products by schools and educational institutions.
  The department shall also coordinate with  the  education  department,
and  school  food  service,  education,  health and nutrition, farm, and
other interested organizations in establishing a promotional  event,  to
be  known  as  New York Harvest For New York Kids Week, in early October
each year, that will promote New York agriculture and foods to  children
through  school  meal  programs and the classroom, at farms and farmers'
markets and other locations in the community.
  (B) COOPERATE WITH THE DEPARTMENT OF HEALTH IN IMPLEMENTING THE CHILD-
HOOD OBESITY PREVENTION PROGRAM PURSUANT TO TITLE EIGHT OF ARTICLE TWEN-
TY-FIVE OF THE PUBLIC HEALTH LAW AND WITH THE COMMISSIONER OF  EDUCATION
TO  ENCOURAGE  THE  PRODUCTION AND CONSUMPTION OF FRESH LOCALLY PRODUCED
FRUITS AND VEGETABLES BY ELEMENTARY AND SECONDARY SCHOOL  AGED  CHILDREN
PURSUANT  TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  TO  HELP COMBAT THE
INCREASING INCIDENCE OF CHILDHOOD OBESITY.
  (C) COOPERATE WITH FEDERAL, OTHER  STATE  AND  MUNICIPAL  AGENCIES  TO
ENCOURAGE  THE  EXPANSION OF COMMUNITY GARDENS PURSUANT TO ARTICLE TWO-C
OF THIS CHAPTER TO HELP ENCOURAGE  THE  PRODUCTION  AND  CONSUMPTION  OF
FRESH LOCALLY PRODUCED FRUITS AND VEGETABLES TO HELP COMBAT THE INCREAS-
ING INCIDENCE OF ADULT AND CHILD OBESITY.
  S  3.  Article  2-C  of  the agriculture and markets law is amended by
adding a new section 31-f to read as follows:
  S 31-F. LEGISLATIVE  FINDINGS.    THE  LEGISLATURE  HEREBY  FINDS  AND
DECLARES  THAT COMMUNITY GARDENS PROVIDE SIGNIFICANT HEALTH, EDUCATIONAL
AND SOCIAL BENEFITS TO THE GENERAL  PUBLIC,  ESPECIALLY  FOR  THOSE  WHO
RESIDE IN URBAN AND SUBURBAN AREAS OF THIS STATE. FURTHERMORE, IT IS THE
ARTICULATED  PUBLIC POLICY OF THIS STATE TO PROMOTE AND FOSTER GROWTH IN
THE NUMBER OF COMMUNITY GARDENS AND THE ACREAGE  OF  SUCH  GARDENS.  THE

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COMMUNITY  GARDEN  MOVEMENT  CONTINUES  TO PROVIDE LOW COST FOOD THAT IS
FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO READILY AFFORD FRESH
FRUITS AND VEGETABLES FOR THEMSELVES OR THEIR FAMILIES, PROMOTES  PUBLIC
HEALTH  AND HEALTHIER INDIVIDUAL LIFESTYLES BY ENCOURAGING BETTER EATING
HABITS AND INCREASED  PHYSICAL  ACTIVITY  BY  GROWING  THEIR  OWN  FOOD,
FOSTERS  THE  RETENTION  AND  EXPANSION  OF OPEN SPACES, PARTICULARLY IN
URBAN ENVIRONMENTS, ENHANCES URBAN AND  SUBURBAN  ENVIRONMENTAL  QUALITY
AND  COMMUNITY  BEAUTIFICATION,  PROVIDES INEXPENSIVE COMMUNITY BUILDING
ACTIVITIES, RECREATION AND PHYSICAL EXERCISE FOR ALL AGE GROUPS,  ESTAB-
LISHES  A  SAFE  PLACE FOR COMMUNITY INVOLVEMENT AND HELPS TO REDUCE THE
INCIDENCE OF CRIME, ENGENDERS A CLOSER RELATIONSHIP BETWEEN URBAN  RESI-
DENTS,  NATURE AND THEIR LOCAL ENVIRONMENT, AND FOSTERS GREEN JOB TRAIN-
ING AND ECOLOGICAL EDUCATION AT ALL LEVELS. FURTHER,  THE  PROMOTION  OF
COMMUNITY  GARDENS  CAN  HELP  THE  COMMUNITY  TO CONDUCT ACTIVITIES FOR
ITSELF TO COMBAT CHILDHOOD AND ADULT  OBESITY  TO  ADVANCE  THE  OVERALL
HEALTH   OF COMMUNITY MEMBERS.  IT IS THEREFORE THE INTENT OF THE LEGIS-
LATURE AND THE PURPOSE OF THIS ARTICLE TO FOSTER GROWTH IN  THE  NUMBER,
SIZE  AND  SCOPE OF COMMUNITY GARDENS IN THIS STATE BY ENCOURAGING STATE
AGENCIES, MUNICIPALITIES AND PRIVATE PARTIES IN THEIR EFFORTS TO PROMOTE
COMMUNITY GARDENS.
  S 4. Subdivisions 2 and 3 of  section  31-g  of  the  agriculture  and
markets  law,  as  added by chapter 862 of the laws of 1986, are amended
and a new subdivision 4-a is added to read as follows:
  2. "Garden" shall mean a piece OR PARCEL of land appropriate  for  THE
cultivation  of  herbs,  fruits,  flowers,  NUTS, HONEY, POULTRY FOR EGG
PRODUCTION,  MAPLE  SYRUP,  ORNAMENTAL  OR  VEGETABLE  PLANTS,   NURSERY
PRODUCTS, or vegetables.
  3.  "Municipality"  shall mean any county, town, village, city, school
district [or], BOARD OF COOPERATIVE EDUCATIONAL SERVICES, other  special
district, OR ANY OFFICE OR AGENCY THEREOF.
  4-A.    "STATE  AGENCY" SHALL MEAN ANY DEPARTMENT, BUREAU, COMMISSION,
BOARD, PUBLIC AUTHORITY OR OTHER AGENCY  OF  THE  STATE,  INCLUDING  ANY
PUBLIC  BENEFIT  CORPORATION  OF  WHICH  ANY  MEMBER  OF  WHOSE BOARD IS
APPOINTED BY THE GOVERNOR.
  S 5. Section 31-h of the agriculture and  markets  law,  as  added  by
chapter 862 of the laws of 1986, is amended to read as follows:
  S  31-h. Office  of  community gardens; powers; duties. 1. The commis-
sioner shall establish within the  department  an  office  of  community
gardens  which  shall have the authority and responsibility for carrying
out the provisions of this  article  in  cooperation  with  the  [state]
department  of environmental conservation, the [state] education depart-
ment, THE DEPARTMENT OF HEALTH, the  department  of  state,  cooperative
extensions and other state agencies and municipalities.
  2. The duties of the office shall include:
  a.  Upon  request,  the  office  shall assist in the identification of
vacant public land within a  given  geographical  location  and  provide
information  regarding  agency jurisdiction and the relative suitability
of such lands for community gardening purposes;
  b. Serve as a coordinator on behalf of interested community groups and
the appropriate state or local agencies to facilitate the use of  vacant
public  lands  for  community  garden  use for not less than one growing
season by receiving and forwarding with recommendation completed  appli-
cations to the appropriate STATE OR MUNICIPAL agency. PROVIDED, FURTHER,
THAT  THE OFFICE MAY DEVELOP A SINGLE RECOMMENDED APPLICATION FORM TO BE
USED BY COMMUNITY GROUPS WHEN APPLYING  TO  STATE  AGENCIES  OR  MUNICI-
PALITIES FOR USE OF VACANT PUBLIC LAND FOR COMMUNITY GARDEN PURPOSES;

A. 9394                             5

  c.  Support  and  encourage  contact between community garden programs
already in existence and those programs in the initial stages of  devel-
opment; [and]
  d. Seek and provide such assistance, to the extent funds or grants may
become available, for the purposes identified in this article[.];
  E.  ASSIST, SUPPORT AND ENCOURAGE CONTACT AND COOPERATION BETWEEN, AND
THE COOPERATIVE SHARING OF RESOURCES BETWEEN  COMMUNITY  GARDEN  GROUPS,
SCHOOL  GARDEN  PROGRAMS  AND  LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS,
SUCH AS COMMUNITY FOOD PANTRIES,  SOUP  KITCHENS,  OTHER  COMMUNITY  AND
NOT-FOR-PROFIT ORGANIZATIONS THAT PROVIDE OR DISTRIBUTE FOOD TO THE POOR
AND  DISADVANTAGED,  HOSPITALS,  OTHER HEALTH CARE FACILITIES AND EDUCA-
TIONAL FACILITIES. SUCH SUPPORT CAN INCLUDE  THE  PROVISION  OF  SURPLUS
COMMUNITY  GARDEN  FOOD  OR  OTHER  AGRICULTURAL  PRODUCTS TO SUCH LOCAL
VOLUNTARY FOOD ASSISTANCE PROGRAMS;
  F. ASSIST, SUPPORT AND ENCOURAGE COMMUNICATION,  AND  THE  SHARING  OF
RESOURCES  BETWEEN  COMMUNITY  GARDEN  ORGANIZATIONS  AND  THE  NEW YORK
HARVEST FOR NEW YORK KIDS WEEK PROGRAM  ESTABLISHED  BY  THE  DEPARTMENT
PURSUANT  TO  SUBDIVISION FIVE-B OF SECTION SIXTEEN OF THIS CHAPTER, AND
INDIVIDUAL FARM-TO-SCHOOL AND SCHOOL GARDEN PROGRAMS;
  G. SUPPORT EFFORTS BY THE  DEPARTMENTS  OF  HEALTH  AND  EDUCATION  TO
COMBAT  ADULT  AND  CHILDHOOD  OBESITY BY ENCOURAGING THE CONSUMPTION OF
COMMUNITY GARDEN PRODUCED FRUITS AND VEGETABLES; AND
  H. ESTABLISH A COMMUNITY GARDENS TASK FORCE PURSUANT TO SECTION  THIR-
TY-ONE-J OF THIS ARTICLE.
  S  6.  Section  31-i  of  the agriculture and markets law, as added by
chapter 862 of the laws of 1986, is amended to read as follows:
  S 31-i. Use of state OR MUNICIPALLY owned land for community  gardens.
1.  Any  state  agency[,  department, board, public benefit corporation,
public authority] or [commission]  MUNICIPALITY  with  title  to  vacant
public  land  may  permit  community organizations to use such lands for
community gardening purposes. Such use of  vacant  public  land  may  be
conditioned on the community organization possessing liability insurance
and  accepting  liability for injury or damage resulting from use of the
vacant public land for community gardening purposes.
  2. State agencies AND MUNICIPALITIES which have received  an  applica-
tion for use of public lands for community garden purposes shall respond
to the applicant within thirty days and make a final determination with-
in one hundred eighty days.
  S  7.  The  agriculture  and  markets  law  is amended by adding a new
section 31-j to read as follows:
  S 31-J. COMMUNITY GARDENS TASK FORCE. 1.  THE  OFFICE  MAY  CONVENE  A
COMMUNITY  GARDENS  TASK FORCE TO IDENTIFY AND DEVELOP WAYS TO ENCOURAGE
STATE AGENCIES, MUNICIPALITIES AND  PRIVATE  PARTIES  TO  ESTABLISH  AND
EXPAND COMMUNITY GARDENS AND THE ACTIVITIES CONDUCTED BY SUCH GARDENS.
  2.  THE  TASK  FORCE  SHALL BE CHAIRED BY THE COMMISSIONER, OR BY SUCH
OFFICER OR EMPLOYEE OF THE DEPARTMENT AS  SHALL  BE  DESIGNATED  BY  THE
COMMISSIONER.  THE  MEMBERSHIP  OF  THE TASK FORCE MAY INCLUDE REPRESEN-
TATION  FROM  THE  EDUCATION  DEPARTMENT,  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION,  DEPARTMENT  OF  HEALTH,  DEPARTMENT  OF  STATE, OFFICE OF
PARKS, RECREATION AND  HISTORIC  PRESERVATION,  AND  OFFICE  OF  GENERAL
SERVICES. SUCH TASK FORCE SHALL INCLUDE MEMBERS THAT REPRESENT COUNTIES,
CITIES,  TOWNS, VILLAGES, SCHOOL DISTRICTS, OTHER SPECIAL USE DISTRICTS,
PUBLIC AUTHORITIES AND COOPERATIVE EXTENSION SERVICES.
  3. THE TASK FORCE SHALL HAVE NOT MORE THAN TWENTY-FIVE MEMBERS.
  4. THE OFFICE, MAY REQUEST THE ASSISTANCE OF STATE AGENCIES INCLUDING,
BUT NOT LIMITED TO THE EDUCATION DEPARTMENT, DEPARTMENT OF ENVIRONMENTAL

A. 9394                             6

CONSERVATION, DEPARTMENT OF HEALTH, DEPARTMENT OF STATE,  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION, OFFICE OF STATE PARKS, RECREATION
AND  HISTORIC  PRESERVATION, AND OFFICE OF GENERAL SERVICES TO CARRY OUT
THE WORK OF THE TASK FORCE.
  5. THE TASK FORCE MAY ONLY ACT WHEN THREE-FIFTHS OF ITS MEMBERSHIP ARE
PRESENT.  ALL ACTION OF THE TASK FORCE SHALL REQUIRE AN AFFIRMATIVE VOTE
OF ITS MEMBERSHIP. THE TASK FORCE SHALL  CONVENE  AT  THE  CALL  OF  THE
OFFICE.
  6.  THE  MEMBERS  OF  THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  7. (A) THE GOALS OF THE TASK FORCE MAY INCLUDE, BUT  ARE  NOT  LIMITED
TO,  THE  STUDY,  EVALUATION  AND DEVELOPMENT OF RECOMMENDATIONS: (I) TO
ENCOURAGE THE ESTABLISHMENT AND EXPANSION OF COMMUNITY GARDENS BY  STATE
AGENCIES,  MUNICIPAL  GOVERNMENTS,  EDUCATIONAL  FACILITIES  AND PRIVATE
PARTIES, SUCH AS HOSPITALS,  OTHER  HEALTH  CARE  FACILITIES  AND  OTHER
HEALTH  CARE PROVIDERS, (II) TO ENCOURAGE COOPERATION BETWEEN THE ACTIV-
ITIES AND OPERATIONS OF COMMUNITY GARDENS AND PROVISION OF DONATED  FOOD
TO  LOCAL  VOLUNTARY FOOD ASSISTANCE PROGRAMS FOR THE POOR AND DISADVAN-
TAGED, (III) TO ENCOURAGE THE PRODUCTION AND CONSUMPTION OF FRESH FRUITS
AND VEGETABLES TO HELP COMBAT THE INCREASING  PREVALENCE  OF  ADULT  AND
CHILDHOOD  OBESITY,  AND  (IV)  TO  INCREASE THE BENEFITS THAT COMMUNITY
GARDENS MAY PROVIDE TO THE LOCAL COMMUNITY IN WHICH THEY ARE LOCATED.
  (B) IN ACHIEVING THE GOALS OF THE  TASK  FORCE,  THE  TASK  FORCE  MAY
CONSIDER  RECOMMENDATIONS THAT: (I) ENCOURAGE THE EXECUTION OF CONSERVA-
TION EASEMENTS BY STATE AGENCIES, MUNICIPALITIES, EDUCATIONAL FACILITIES
OR PRIVATE PARTIES TO  ESTABLISH  OR  PROTECT  COMMUNITY  GARDENS,  (II)
ENCOURAGE  THE  CREATION OF MECHANISMS TO TRANSFER DEVELOPMENT RIGHTS TO
PROTECT COMMUNITY GARDENS OR ENCOURAGE THE DONATION OR  LEASE  OF  LANDS
FOR  COMMUNITY  GARDENS,  (III) DEVELOPMENT OF MODEL ZONING CODES, LOCAL
LAND USE LAWS OR OTHER  MUNICIPAL  POLICIES  THAT  COULD  ENCOURAGE  THE
ESTABLISHMENT  OR RETENTION OF COMMUNITY GARDENS, (IV) ENCOURAGE COOPER-
ATIVE INITIATIVES BETWEEN HEALTH  CARE  FACILITIES,  OTHER  HEALTH  CARE
PROVIDERS  AND COMMUNITY GROUPS TO ENCOURAGE THE PRODUCTION AND CONSUMP-
TION OF FRESH FRUITS AND VEGETABLES TO  COMBAT  THE  HIGH  INCIDENCE  OF
ADULT AND CHILD OBESITY, AND (V) ANY OTHER ACTIVITY TO ACHIEVE THE GOALS
DEEMED APPROPRIATE BY THE TASK FORCE ACCORDING TO THE PROVISIONS OF THIS
ARTICLE.
  S  8.  The  opening  paragraph  of  section 281 of the agriculture and
markets law, as added by chapter 834 of the laws of 1981, is amended  to
read as follows:
  The  legislature  hereby finds that inflation has caused higher prices
in all phases of farm and food production and  farm  and  food  products
distribution;  and  that  the demand, by consumers within the state, for
increasing supplies of wholesome, fresh and  nutritious  farm  and  food
products  provides  a  significant  opportunity  for  the development of
alternative marketing structures for food  grown  within  the  state  by
which such products may be supplied directly to the consuming public. IN
ADDITION,  INCREASING  THE  SUPPLY OF WHOLESOME, FRESH, LOCALLY PRODUCED
FRUITS AND VEGETABLES CAN HELP TO  ENCOURAGE  THE  CONSUMPTION  OF  SUCH
PRODUCE  IN  A  MANNER  THAT HELPS TO COMBAT THE INCREASING INCIDENCE OF
ADULT AND CHILDHOOD OBESITY. REDUCING THE INCIDENCE OF OBESITY CAN  HELP
TO  IMPROVE THE OVERALL HEALTH OF THE GENERAL PUBLIC, HELP TO REDUCE THE
COST OF PROVIDING HEALTH CARE AND REDUCE THE STATE'S COSTS OF  PROVIDING
SUCH CARE.

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  S  9. Subdivision 5 of section 283 of the agriculture and markets law,
as added by chapter 834 of the laws of 1981, is amended and a new subdi-
vision 8-a is added to read as follows:
  5.  Provide assistance to consumer or non-profit organizations, PUBLIC
OR PRIVATE AGENCIES, HOSPITALS AND OTHER HEALTH CARE FACILITIES  seeking
to  purchase  or  facilitate the purchase of farm products directly from
producers.
  8-A. ENCOURAGE THE DEVELOPMENT OF DIRECT  MARKETING  PROGRAMS,  WITHIN
AREAS  OF  THE  STATE DESIGNATED BY THE DEPARTMENT OF HEALTH AS HAVING A
HIGH INCIDENCE OF CHILDHOOD OBESITY AND TO INCREASE THE  CONSUMPTION  OF
FRESH  FRUITS  AND  VEGETABLES  TO  HELP CURB THE INCIDENCE OF CHILDHOOD
OBESITY.
  S 10. Subdivision 1 of section 285-a of the  agriculture  and  markets
law,  as added by chapter 834 of the laws of 1981, is amended to read as
follows:
  1. Regional direct marketing  advisory  councils  may  be  established
which  shall  be  composed of representatives from consumer and producer
organizations [and], county government  interests,  EDUCATIONAL  FACILI-
TIES,  HOSPITALS  AND  OTHER  HEALTH CARE FACILITIES THAT ARE SUBJECT TO
REGULATION PURSUANT TO ARTICLE TWENTY-EIGHT OF THE  PUBLIC  HEALTH  LAW,
the appropriate representative of the commissioner, and a county cooper-
ative extension service agent. These regional advisory councils shall be
no  more  than  [five] SEVEN persons and shall meet at least three times
annually, and council members shall serve without pay but shall be reim-
bursed for allowable and necessary travel expenses.
  S 11. Subdivisions 1 and 2 of section 285-b  of  the  agriculture  and
markets law, subdivision 1 as amended by chapter 412 of the laws of 1993
and  subdivision  2  as  amended by chapter 571 of the laws of 2008, are
amended to read as follows:
  1. The Hudson valley agricultural advisory council shall be  appointed
by  the  commissioner, and composed of representatives from consumer and
producer organizations, county governments, conservation  organizations,
EDUCATIONAL  FACILITIES,  LOCAL HEALTH CARE PROVIDERS and tourism organ-
izations of the Hudson valley region. For the purposes of this  section,
the  term  "Hudson  valley"  shall  mean the counties of Albany, Greene,
Ulster, Orange, Rockland, Rensselaer,  Columbia,  Dutchess,  Putnam  and
Westchester. The membership of the council shall consist of no more than
[eleven]  THIRTEEN persons, who shall be residents of the Hudson valley,
and who shall meet at least three times annually. Council members  shall
serve  without  pay  but shall be reimbursed for allowable and necessary
travel expenses.
  2. The advisory council, in consultation with the Hudson river  valley
greenway  communities council, the upstate New York tourism council, and
the downstate New York  tourism  council,  may  recommend  programs  and
promotional  activities  designed  to preserve and enhance Hudson valley
region tourism and agricultural open space, address issues affecting the
viability of agriculture,  including  real  property  tax  policies  and
municipal  land  use  issues,  PROMOTE  THE MARKETING AND CONSUMPTION OF
FRESH FRUITS AND VEGETABLES PRODUCED IN THE REGION AS A MEANS TO  COMBAT
CHILDHOOD  AND  ADULT  OBESITY IN THE STATE and promote greater agricul-
tural marketing and promotional opportunities for the region's  agricul-
tural producers to the department.
  S 12. This act shall take effect immediately.

                                 PART B

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  Section 1. Section 901 of the education law, as amended by chapter 477
of  the laws of 2004, subdivision 1 as amended by section 57 of part A-1
of chapter 58 of the laws of 2006, is amended to read as follows:
  S 901. School  health  services  to  be  provided.  1.  School  health
services, as defined in  subdivision  two  of  this  section,  shall  be
provided  by  each school district for all students attending the public
schools in this state, except in the city school district of the city of
New York, as provided in this  article.  School  health  services  shall
include  the  services  of  a  registered  professional nurse, if one is
employed, and shall also include such services as  may  be  rendered  as
provided  in  this  article  in  examining students for the existence of
disease or disability, OR MAY INCLUDE SERVICES RELATED TO EXAMINING  FOR
CHILDHOOD OBESITY BASED UPON THE CALCULATION OF EACH STUDENT'S BODY MASS
INDEX  AND  WEIGHT STATUS CATEGORY PURSUANT TO SECTION NINE HUNDRED FOUR
OF THIS ARTICLE, and in testing the eyes and ears of such students.
  2. School health services for the purposes of this article shall  mean
the  several procedures, including, but not limited to, medical examina-
tions, dental inspection and/or screening, scoliosis  screening,  vision
screening  [and], audiometer tests, AND CHILDHOOD OBESITY AS MEASURED BY
BODY MASS INDEX AND WEIGHT STATUS CATEGORY, designed  to  determine  the
health  status  of  the  child;  to  inform  parents or other persons in
parental relation to the child, pupils and teachers  of  the  individual
child's  health  condition  subject to federal and state confidentiality
laws; to guide parents, children and teachers in procedures for prevent-
ing and correcting defects [and], diseases AND CHILDHOOD OBESITY  CONDI-
TIONS; to instruct the school personnel in procedures to take in case of
accident  or  illness;  to  survey  and  make  necessary recommendations
concerning the health and safety aspects of school  facilities  and  the
provision of health information.
  S  2.  Subdivisions 1, 3 and 4 of section 903 of the education law, as
amended by chapter 281 of the laws of 2007, subdivision 1 as  separately
amended  by  section  11 of part B of chapter 58 of the laws of 2007 and
paragraph a of subdivision 3 as amended by section 28 of part A of chap-
ter 58 of the laws of 2008, are amended to read as follows:
  1. A health certificate shall be furnished  by  each  student  in  the
public  schools upon his or her entrance in such schools and upon his or
her entry into the grades prescribed by the commissioner in regulations,
provided that such regulations shall require such certificates at  least
twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional  interests  of  such child. Each certificate shall be signed by a
duly licensed physician, physician assistant, or nurse practitioner, who
is authorized by law to practice in this state, and consistent with  any
applicable  written practice agreement, or by a duly licensed physician,
physician assistant, or nurse practitioner, who is authorized  to  prac-
tice  in  the  jurisdiction in which the examination was given, provided
that the commissioner has determined that such jurisdiction  has  stand-
ards  of  licensure  and  practice comparable to those of New York. Each
such certificate shall describe the condition of the  student  when  the
examination  was  made, which shall not be more than twelve months prior
to the commencement of the school  year  in  which  the  examination  is
required,  and shall state whether such student is in a fit condition of
health to permit his or her attendance at the public schools.  THE EXAM-
INATION MAY INCLUDE A DIABETES RISK ANALYSIS AND, IF NECESSARY, CHILDREN
WITH RISK FACTORS FOR TYPE 1 DIABETES, OR RISK FACTORS  ASSOCIATED  WITH

A. 9394                             9

TYPE 2 DIABETES SUCH AS OBESITY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR
ANY  OTHER  FACTORS  CONSISTENT  WITH INCREASED RISK SHALL BE TESTED FOR
DIABETES. Each such certificate shall also state the student's body mass
index  (BMI)  and weight status category.  For purposes of this section,
BMI is computed as the weight in kilograms  divided  by  the  square  of
height in meters or the weight in pounds divided by the square of height
in  inches multiplied by a conversion factor of 703. Weight status cate-
gories for children and adolescents shall be as defined by  the  commis-
sioner  of  health.  In  all  school districts such physician, physician
assistant or nurse practitioner shall determine whether a one-time  test
for  sickle  cell  anemia  is necessary or desirable and he or she shall
conduct such a test and the certificate shall state the results.
  3. a. Within thirty days after the student's entrance in such  schools
or grades, the health certificate shall be submitted to the principal or
his  or  her  designee  and  shall  be filed in the student's cumulative
health record. If such student does not present a health certificate  as
required  in  this  section,  unless  he or she has been accommodated on
religious grounds, the principal or the principal's designee shall cause
a notice to be sent to the parents or person in parental relationship to
such student that if the required health certificate  is  not  furnished
within  thirty days from the date of such notice, an examination will be
made of such student, as provided  in  this  article.  Each  school  and
school  district [chosen as part of an appropriate sampling methodology]
shall participate in surveys directed  by  the  commissioner  of  health
pursuant  to  the  public  health  law  in relation to students' BMI and
weight status categories as reported on the  school  health  certificate
and  which shall be subject to audit by the commissioner of health. Such
surveys shall contain the information required pursuant  to  subdivision
one of this section in relation to students' BMI and weight status cate-
gories  in aggregate. Parents or other persons in parental relation to a
student may refuse to have the student's BMI and weight status  category
included  in such survey.  Each school and school district shall provide
the commissioner of health with any information, records and reports  he
or  she  may  require  for the purpose of such audit. The BMI and weight
status survey and audit  as  described  in  this  subdivision  shall  be
conducted consistent with confidentiality requirements imposed by feder-
al law.
  b.  Within thirty days after the student's entrance in such schools or
grades, the dental health certificate, if obtained, shall  be  filed  in
the student's cumulative health record.
  4.  Notwithstanding  the provisions of subdivisions one, two and three
of this section, no examinations for  a  health  certificate  or  health
history  shall  be  required  or  dental  certificate  requested, and no
screening examinations for sickle cell anemia OR CHILDHOOD OBESITY shall
be required where a student or the parent or person in parental relation
to such student objects thereto on the grounds that such examinations or
health  history  conflict  with  their  genuine  and  sincere  religious
beliefs.
  S  3. Subdivision 1 of section 904 of the education law, as amended by
section 12 of part B of chapter 58 of the laws of 2007,  is  amended  to
read as follows:
  1.  Each  principal  of a public school, or his or her designee, shall
report to the director of school  health  services  having  jurisdiction
over  such  school,  the  names  of  all students who have not furnished
health certificates as provided in section nine hundred  three  of  this
article,  or  who  are children with disabilities, as defined by article

A. 9394                            10

eighty-nine of this chapter, and the director of school health  services
shall  cause  such  students to be separately and carefully examined and
tested to ascertain whether any student has defective sight or  hearing,
or  any  other  physical disability which may tend to prevent him or her
from receiving the full benefit of school  work,  or  from  requiring  a
modification  of  such  work  to  prevent  injury to the student or from
receiving the best educational results.   Each  examination  shall  also
include  a calculation of the student's body mass index (BMI) and weight
status category. For purposes of this section, BMI is  computed  as  the
weight  in  kilograms  divided  by the square of height in meters or the
weight in pounds divided by the square of height in inches multiplied by
a conversion factor of 703. Weight status categories  for  children  and
adolescents  shall  be  as defined by the commissioner of health. In all
school districts, such physician, physician assistant or  nurse  practi-
tioner shall determine whether a one-time test for sickle cell anemia is
necessary  or  desirable  and he or she shall conduct such tests and the
certificate shall state the results. If it should be  ascertained,  upon
such test or examination, that any of such students have defective sight
or  hearing[,]  or  other  physical  disability,  including  sickle cell
anemia, as above described, OR ARE OBESE, the principal or  his  or  her
designee  shall  notify  the  parents  of,  or other persons in parental
relation to, the child as to the existence of such  disability.  If  the
parents or other persons in parental relation are unable or unwilling to
provide  the necessary relief and treatment for such students, such fact
shall be reported by the principal or his or her designee to the  direc-
tor  of school health services, whose duty it shall be to provide relief
for such students. Each school and school district [chosen as part of an
appropriate sampling methodology] shall participate in surveys  directed
by  the  commissioner  of  health  pursuant  to the public health law in
relation to students' BMI and weight status categories as determined  by
the  examination  conducted  pursuant to this section and which shall be
subject to audit by the  commissioner  of  health.  Such  surveys  shall
contain  the  information  required  pursuant  to  this  subdivision  in
relation to students' BMI and weight  status  categories  in  aggregate.
[Parents  or  other persons in parental relation to a student may refuse
to have the student's BMI and weight status category  included  in  such
survey.]  Each school and school district shall provide the commissioner
of health with any information,  records  and  reports  he  or  she  may
require  for the purpose of such audit. The BMI and weight status survey
and audit as described in this section  shall  be  conducted  consistent
with   confidentiality   requirements  imposed  by  federal  law.  [Data
collection for such surveys shall commence on a voluntary basis  at  the
beginning  of  the  two  thousand seven academic school year, and by all
schools chosen as part of the sampling methodology at the  beginning  of
the  two thousand eight academic school year.] The department shall also
utilize the collected data to develop a  report  of  child  obesity  and
obesity related diseases.
  S  4.  Section  912 of the education law, as amended by chapter 477 of
the laws of 2004, is amended to read as follows:
  S 912. Health and welfare services to all children. The voters  and/or
trustees  or  board  of  education  of every school district shall, upon
request of the authorities of a school other than public, provide  resi-
dent  children  who attend such school with any or all of the health and
welfare services and facilities which are made available by such  voters
and/or  trustees  or board of education to or for children attending the
public schools of the district. Such services may include, but  are  not

A. 9394                            11

limited  to  all services performed by a physician, physician assistant,
dentist, dental hygienist, registered professional nurse, nurse  practi-
tioner, school psychologist, school social worker or school speech ther-
apist,  and  may  also  include  dental  prophylaxis, vision and hearing
screening examinations,  CHILDHOOD  OBESITY  SCREENING,  the  taking  of
medical  histories and the administration of health screening tests, the
maintenance of cumulative health records and the administration of emer-
gency care programs for ill or injured students. Any  such  services  or
facilities  shall  be  so  provided notwithstanding any provision of any
charter or other provision of law inconsistent herewith. Where  children
residing  in  one  school  district  attend  a  school other than public
located in another  school  district,  the  school  authorities  of  the
district  of residence shall contract with the school authorities of the
district where such nonpublic school is located, for  the  provision  of
such  health and welfare services and facilities to such children by the
school district where such nonpublic school is located, for a  consider-
ation  to  be  agreed  upon  between  the  school  authorities  of  such
districts, subject to the  approval  of  the  qualified  voters  of  the
district  of  residence when required under the provisions of this chap-
ter. Every such contract shall be in writing and in the form  prescribed
by the commissioner, and before such contract is executed the same shall
be submitted for approval to the superintendent of schools having juris-
diction  over  such  district  of  residence and such contract shall not
become effective until approved by such superintendent.
  S 5. Section 915 of the education law, as added by chapter 674 of  the
laws of 1987, is amended to read as follows:
  S 915. [Prohibiting]  PROMOTING  the  [sale]  AVAILABILITY  of certain
[sweetened] foods AND BEVERAGES.  1. From the beginning  of  the  school
day  until  the end of the last scheduled meal period, no sweetened SODA
OR soda water, no chewing gum, no candy including hard  candy,  jellies,
gums, marshmallow candies, fondant, licorice, spun candy and candy coat-
ed  popcorn, and no water ices except those which contain fruit or fruit
juices, shall be sold in any public school within the state.
  2. EVERY SCHOOL DISTRICT SHALL FACILITATE  THE  AVAILABILITY  IN  EACH
SCHOOL OF:
  (A) JUICES WITH AT LEAST FIFTY PERCENT FRUIT JUICES OR FRUIT, OR VEGE-
TABLE BASED DRINKS;
  (B)  BEVERAGES  THAT CONTAIN ONLY WATER AND FRUIT OR VEGETABLE JUICES,
HAVING NO ADDED SUGARS;
  (C) DRINKING WATER OR SELTZER WATER, WHICH MAY BE  FLAVORED  BUT  DOES
NOT CONTAIN CAFFEINE;
  (D)  ONE  PERCENT  FAT  MILK  OR NONFAT MILK, THAT MAY BE FLAVORED BUT
CONTAIN NOT MORE THAN THIRTY-TWO GRAMS TOTAL SUGAR PER EIGHT OUNCE SERV-
ING, WHICH SHALL BE CALCIUM AND VITAMIN FORTIFIED;
  (E) NONDAIRY MILK, SUCH AS SOY MILK, RICE MILK OR  ALMOND  MILK,  THAT
MAY  BE  FLAVORED BUT CONTAIN NOT MORE THAN THIRTY-TWO GRAMS TOTAL SUGAR
PER EIGHT OUNCE SERVING, WHICH SHALL BE CALCIUM AND  VITAMIN  FORTIFIED;
OR
  (F) ANY OTHER FOOD THAT MEETS ALL OF THE FOLLOWING CRITERIA:
  (1)  CONTAINS NOT MORE THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM
FAT, WITH THE EXCEPTION OF NUTS, NUT BUTTERS AND SEEDS,
  (2) CONTAINS NOT MORE THAN FIFTEEN PERCENT OF CALORIES FROM  SATURATED
FAT, AND
  (3) CONTAINS NOT MORE THAN TWO HUNDRED THIRTY MILLIGRAMS OF SODIUM PER
SERVING, WITH THE EXCEPTION OF LOW-FAT AND FAT-FREE DAIRY PRODUCTS WHICH
MAY  HAVE  NO  MORE  THAN  FOUR HUNDRED EIGHTY MILLIGRAMS OF SODIUM, AND

A. 9394                            12

VEGETABLES WITH SAUCE AND SOUPS THAT HAVE NOT  MORE  THAN  FOUR  HUNDRED
EIGHTY MILLIGRAMS OF SODIUM.
  S  6.  Subdivisions  4  and  5 of section 918 of the education law, as
added by chapter 493 of the  laws  of  2004,  are  amended  to  read  as
follows:
  4.  The  committee  is encouraged to study AND MAKE RECOMMENDATIONS ON
all facets of the current nutritional policies of the  district  includ-
ing, but not limited to, the goals of the district to promote health and
proper  nutrition,  REDUCE  THE  INCIDENCE OF CHILDHOOD OBESITY, vending
machine sales, menu criteria, educational  curriculum  teaching  healthy
nutrition,  AND educational information provided to parents or guardians
regarding healthy nutrition and the health risks associated with  obesi-
ty,  ASTHMA,  CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIRATORY DISEASES.
PROVIDED, FURTHER, THE COMMITTEE MAY PROVIDE INFORMATION TO  PERSONS  IN
PARENTAL  RELATION  ON  opportunities offered to parents or guardians to
encourage  healthier  eating  habits  to  students,  and  the  education
provided  to  teachers  and  other staff as to the importance of healthy
nutrition AND ABOUT THE DANGERS OF CHILDHOOD OBESITY.   In addition  the
committee   shall   consider  recommendations  and  practices  of  other
districts and nutrition studies.
  5. The committee is encouraged to report periodically to the  district
regarding practices that will educate teachers, parents or guardians and
children  about  healthy nutrition and raise awareness of the dangers of
CHILDHOOD obesity, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC  RESPIR-
ATORY  DISEASES.  The committee is encouraged also to provide any parent
teacher associations in the district with such findings and  recommenda-
tions.
  S 7. This act shall take effect two years after it shall have become a
law.

                                 PART C

  Section  1.  Subdivision  1 of section 206 of the public health law is
amended by adding two new paragraphs (s) and (t) to read as follows:
  (S) (I) BY RULE OR REGULATION, MAY REQUIRE FOOD SERVICE ESTABLISHMENTS
INCLUDING, BUT NOT LIMITED TO RESTAURANTS, DINING ROOMS,  DELIS,  BAKER-
IES,  ELEMENTARY  AND  SECONDARY SCHOOLS, HOSPITALS, MOBILE FOOD SERVICE
VEHICLES AND CARTS, AND CHILD CARE FACILITIES,  THAT  PREPARE,  SELL  OR
SERVE  FOOD FOR IMMEDIATE CONSUMPTION BY THE GENERAL PUBLIC, TO RESTRICT
THE USE OF ARTIFICIAL TRANS FAT IN THE PREPARATION OF SUCH FOOD. FOR THE
PURPOSES OF THIS PARAGRAPH, THE TERM "ARTIFICIAL TRANS  FAT"  MEANS  ANY
FOOD THAT IS LABELED, AND WHICH LISTS AS AN INGREDIENT OR CONTAINS VEGE-
TABLE  SHORTENING, MARGARINE OR ANY KIND OF PARTIALLY HYDROGENATED VEGE-
TABLE OIL; PROVIDED, HOWEVER, THAT ANY  FOOD  WITH  A  NUTRITIONAL  FACT
LABEL  OR  OTHER  DOCUMENTATION FROM A MANUFACTURER LIST STATING A TRANS
FAT CONTENT OF LESS THAN .5 GRAMS PER SERVING SHALL  NOT  BE  DEEMED  TO
CONTAIN ARTIFICIAL TRANS FAT. SUCH RULES AND REGULATIONS SHALL NOT APPLY
TO  ANY FOOD SERVED DIRECTLY TO THE GENERAL PUBLIC IN THE MANUFACTURER'S
ORIGINAL SEALED PACKAGE. FURTHERMORE, SUCH RULES AND  REGULATIONS  SHALL
NOT  APPLY  TO  ANY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD COMMISSARY
THAT IS SUBJECT TO ANY LOCAL LAW, ORDINANCE, CODE OR RULE THAT REGULATES
THE USE OR DISCLOSURE OF ARTIFICIAL TRANS FATS BY  FOOD  SERVICE  ESTAB-
LISHMENTS.
  (II)  THE COMMISSIONER MAY REQUIRE FOOD SERVICE ESTABLISHMENTS SERVING
FOODS WITH ARTIFICIAL TRANS FAT TO POST  WARNING  SIGNS  TO  INFORM  THE
PUBLIC  ABOUT  THE  HEALTH RISKS ASSOCIATED WITH THE OVER CONSUMPTION OF

A. 9394                            13

FOODS PREPARED WITH ARTIFICIAL TRANS FATS. SUCH WARNING SIGNS  SHALL  BE
CONSPICUOUSLY  POSTED  IN  AREAS WHERE FOOD MAY BE ORDERED FROM THE FOOD
SERVICE ESTABLISHMENT AND SHALL BE IN SUBSTANTIALLY THE FOLLOWING  FORM:
"WARNING  - THIS ESTABLISHMENT USES ARTIFICIAL TRANS FAT IN THE PREPARA-
TION OF SOME OR ALL OF THE FOODS THAT ARE SOLD OR  SERVED  HERE.    WHEN
OVERCONSUMED, ARTIFICIAL TRANS FATS CAN LEAD TO INCREASES IN THE RISK OF
HEART ATTACK, STROKE AND DEVELOPMENT OF TYPE 2 DIABETES."
  (III)  THE COMMISSIONER MAY ESTABLISH A VOLUNTARY ARTIFICIAL TRANS FAT
REDUCTION PROGRAM. SUCH PROGRAM MAY CONSIST OF, BUT SHALL NOT BE LIMITED
TO, THE FOLLOWING COMPONENTS: (A)  A  PUBLIC  INFORMATION  DISSEMINATION
PROGRAM  TO  INFORM  THE  PUBLIC OF THE HEALTH RISKS ASSOCIATED WITH THE
OVERCONSUMPTION OF ARTIFICIAL TRANS FATS, AND (B) SUGGESTED FOOD  PREPA-
RATION  METHODS  THAT CAN BE FOLLOWED BY FOOD SERVICE ESTABLISHMENTS AND
THE GENERAL PUBLIC TO REDUCE OR ELIMINATE THE USE  OF  ARTIFICIAL  TRANS
FATS.
  (T)  (I)  FOR  PURPOSES  OF  THIS PARAGRAPH, THE FOLLOWING DEFINITIONS
SHALL APPLY:
  (A) "FOOD SERVICE FACILITY" MEANS A  FOOD  SERVICE  ESTABLISHMENT,  AS
DEFINED IN THE STATE SANITARY CODE, THAT OPERATES UNDER COMMON OWNERSHIP
OR  CONTROL  WITH AT LEAST TWENTY-FIVE OTHER FOOD SERVICE ESTABLISHMENTS
WITH THE SAME NAME IN THE STATE THAT OFFER FOR  SALE  SUBSTANTIALLY  THE
SAME  MENU ITEMS, OR OPERATES AS A FRANCHISED OUTLET OF A PARENT COMPANY
WITH AT LEAST TWENTY-FIVE OTHER FRANCHISED OUTLETS WITH THE SAME NAME IN
THE STATE THAT OFFER FOR SALE SUBSTANTIALLY THE SAME MENU ITEMS.
  (B) "NUTRITIONAL INFORMATION" INCLUDES ALL OF THE FOLLOWING, PER STAN-
DARD MENU ITEM, AS THAT ITEM IS USUALLY PREPARED AND OFFERED FOR SALE:
  (I) TOTAL NUMBER OF CALORIES.
  (II) TOTAL NUMBER OF GRAMS OF CARBOHYDRATES.
  (III) TOTAL NUMBER OF GRAMS OF SATURATED FAT.
  (IV) TOTAL NUMBER OF MILLIGRAMS OF SODIUM.
  (C) "POINT OF SALE" MEANS THE LOCATION  WHERE  A  CUSTOMER  PLACES  AN
ORDER.
  (D)  IN  CALCULATING  NUTRITIONAL INFORMATION, A FOOD SERVICE FACILITY
MAY USE ANY REASONABLE MEANS RECOGNIZED BY THE  FEDERAL  FOOD  AND  DRUG
ADMINISTRATION  TO DETERMINE NUTRITIONAL INFORMATION FOR A STANDARD MENU
ITEM, AS USUALLY PREPARED AND OFFERED FOR SALE INCLUDING, BUT NOT LIMIT-
ED TO, NUTRIENT DATABASES AND LABORATORY ANALYSES.
  (II)(A) BY RULE OR REGULATION, MAY REQUIRE EVERY FOOD SERVICE FACILITY
TO DISCLOSE THE NUTRITIONAL INFORMATION REQUIRED BY CLAUSE (B)  OF  THIS
SUBPARAGRAPH.
  (B) A FOOD SERVICE FACILITY, BY RULE OR REGULATION, MAY BE REQUIRED TO
DISCLOSE  THE  NUTRITIONAL INFORMATION IN A CLEAR AND CONSPICUOUS MANNER
AT THE POINT OF SALE PRIOR TO OR DURING THE PLACEMENT OF AN ORDER.
  S 2.  The opening paragraph of subdivision 1, and  subdivisions  3,  4
and  6 of section 207 of the public health law, as amended by section 16
of part A of chapter 109 of the laws of 2010, are  amended  to  read  as
follows:
  There  is  hereby  created  within  the department the health care and
wellness education and outreach  program.  The  department  may  conduct
education  and outreach programs for consumers, patients, ELEMENTARY AND
SECONDARY SCHOOL EDUCATORS, and health care providers  relating  to  any
health care matters the commissioner deems appropriate and:
  3.  The  department  may produce, make available to others for reprod-
uction, or contract with others to develop such materials  mentioned  in
this  section  as  the  commissioner  deems appropriate. These materials
shall be made available to the public AND TO  ELEMENTARY  AND  SECONDARY

A. 9394                            14

SCHOOL  EDUCATORS  free  of  charge  as  appropriate  or for a fee under
certain circumstances. The commissioner may  require  where  appropriate
any health care provider to make these materials available to patients.
  4.  In  exercising  any  of  his or her powers under this section, the
commissioner may consult with  appropriate  health  care  professionals,
providers, consumers, EDUCATORS and patients or organizations represent-
ing them.
  6.  The  commissioner  may  appoint  as  appropriate advisory councils
relating to various matters that are or are proposed to be the  subjects
of  programs  under this section. All such councils shall include repre-
sentation of health care professionals, providers, EDUCATORS, consumers,
patients and other appropriate interests. The members  of  the  councils
shall  receive  no compensation for their services, but shall be allowed
their actual and necessary expenses incurred  in  performance  of  their
duties.
  S  3. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (i) to read as follows:
  (I) ABOUT THE SHORT TERM AND LONG TERM ADVERSE HEALTH RISKS TO  ADULTS
AND  CHILDREN  WHO BECOME OVERWEIGHT, OBESE OR UNDERWEIGHT. THE INFORMA-
TION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO  PROVIDING  CITATIONS  TO
THE DEPARTMENT'S WEBSITE, AS WELL AS ANY OTHER WEBSITES PROVIDING INFOR-
MATION ON THE SUBJECT.
  S  4. This act shall take effect one year after it shall have become a
law, provided that, effective immediately,  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be completed on or before such date.

                                 PART D

  Section 1. Subdivision 5 of section 2556 of the  education  law,  such
section  as renumbered by chapter 762 of the laws of 1950, is amended to
read as follows:
  5. It shall be unlawful for a schoolhouse to  be  constructed  in  the
city  of  New York without an open-air playground attached to or used in
connection with the same.   EXISTING  PLAYGROUNDS  SHALL  NOT  BE  SOLD,
LEASED  OR TRANSFERRED, OR PERMANENTLY AUTHORIZED FOR OTHER USES SUCH AS
SCHOOL BUILDING CONSTRUCTION, RENOVATION, PLACEMENT OR STORAGE OF BUILD-
ING MATERIALS FOR SUCH WORK THAT WOULD ELIMINATE THE USE OF  SUCH  PLAY-
GROUND SPACE FOR OUTDOOR RECREATIONAL ACTIVITIES UNLESS A PLAN IS ESTAB-
LISHED  AND  IMPLEMENTED  TO  PROVIDE  SUITABLE  AND  ADEQUATE  PHYSICAL
ACTIVITIES OR SPACE TO ACCOMMODATE THE PHYSICAL AND  RECREATIONAL  NEEDS
OF  THE  PUPILS  OF  SUCH BUILDING.   THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY TO SCHOOL CONSTRUCTION  OR  RENOVATION  ACTIVITIES  THAT
OCCUR  ON  OR  REQUIRE  THE USE OF SUCH PLAYGROUNDS FOR A DURATION OF NO
MORE THAN ONE YEAR.
  S 2. This act shall take effect July 1, 2012; provided  however,  that
the  commissioner  of education is authorized and directed to promulgate
any rules or regulations necessary for the timely implementation of this
act on or before such date.

                                 PART E

  Section 1. Subdivisions 1 and 5 of section 803 of the  education  law,
as  amended  by  chapter 118 of the laws of 1957, are amended to read as
follows:

A. 9394                            15

  1. All pupils above the age of  eight  years  in  all  elementary  and
secondary  schools,  shall  receive as part of the prescribed courses of
instruction therein such physical education under the direction  of  the
commissioner  of  education  as  the regents may determine. Such courses
shall  be designed to aid in the well-rounded education of pupils and in
the development of character,  citizenship,  OVERALL  physical  fitness,
GOOD  health  [and],  the worthy use of leisure AND THE REDUCTION IN THE
INCIDENCE OF CHILDHOOD OBESITY.   Pupils above such  age  attending  the
public  schools shall be required to attend upon such prescribed courses
of instruction.
  5. (A) It shall be the duty of the regents to adopt rules  determining
the  subjects  to  be included in courses of physical education provided
for in this section, the period of instruction in each of such  courses,
the  qualifications of teachers, and the attendance upon such courses of
instruction.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  THE  REGENTS
MAY  PROVIDE  IN  ITS  RULES  THAT  THE  PHYSICAL  EDUCATION INSTRUCTION
REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
GRADES SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR  ACTIV-
ITY,  INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN ALTERNA-
TIVE EDUCATION PROGRAMS. THE REGENTS  MAY  INCLUDE  IN  ITS  RULES  THAT
STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC-
IPATE  IN  PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM OF ONE
HUNDRED TWENTY MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY  PROVIDE
FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMEN-
TARY SCHOOLS IN ITS RULES.
  S  2.  The  section  heading  and  subdivision 1 of section 804 of the
education law, the section heading as amended by chapter 401 of the laws
of 1998 and subdivision 1 as added by chapter 982 of the laws  of  1977,
are amended and a new subdivision 3-b is added to read as follows:
  Health   education   regarding  alcohol,  drugs,  tobacco  abuse,  THE
REDUCTION IN THE INCIDENCE OF OBESITY, and the prevention and  detection
of certain cancers. 1. All schools shall include, as an integral part of
health,  SCIENCE AND PHYSICAL education, instruction so as to discourage
the misuse and abuse of alcohol, tobacco[,] and other drugs,  TO  REDUCE
THE  INCIDENCE  OF  OBESITY,  and  promote  attitudes  and behavior that
enhance health, well being, and human dignity.
  3-B. INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED  WITH
OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
INCLUDING  GOOD  NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION MAY BE
AN INTEGRAL PART OF REQUIRED  HEALTH,  SCIENCE  AND  PHYSICAL  EDUCATION
COURSES.
  S  3. Subdivision 1 of section 804-a of the education law, as added by
chapter 730 of the laws of 1986, is amended to read as follows:
  1.   Within the  amounts  appropriated,  the  commissioner  is  hereby
authorized  to establish a demonstration program and to distribute state
funds to local  school  districts,  boards  of  cooperative  educational
services  and  in  certain instances community school districts, for the
development, implementation, evaluation, validation,  demonstration  and
replication  of  exemplary  comprehensive  health  education programs to
assist the public schools in developing curricula, training  staff,  and
addressing local health education needs of students, parents, and staff.
SUCH  PROGRAMS  SHALL  SERVE  THE  PURPOSE  OF  DEVELOPING AND ENHANCING
PUPILS' HEALTH KNOWLEDGE, SKILLS,  ATTITUDES  AND  BEHAVIORS,  WHICH  IS
FUNDAMENTAL  TO  IMPROVING THEIR HEALTH STATUS AND ACADEMIC PERFORMANCE,
AS WELL AS REDUCING  THE  INCIDENCE  OF  ADOLESCENT  PREGNANCY,  ALCOHOL

A. 9394                            16

ABUSE,  TOBACCO ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTH-
MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF  CHILDHOOD
AND ADOLESCENCE.
  S  4. Section 813 of the education law, as added by chapter 296 of the
laws of 1994, is amended to read as follows:
  S 813. School lunch period; scheduling.  Each school shall schedule  a
reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
pre-kindergarten  through  grade twelve WITH AMPLE TIME to consume lunch
AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
  S 5. This act shall take effect immediately.

                                 PART F

  Section 1. The public health law is amended by adding  a  new  article
13-I to read as follows:
                              ARTICLE 13-I
              IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
SECTION 1399-XX. IN-UTERO EXPOSURE PREVENTION.
        1399-YY. PROGRAMS.
  S 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY HEALTHCARE PROVIDER,
HEALTHCARE INSURER AND PREGNANCY PROGRAM SHALL DISTRIBUTE INFORMATION ON
THE  ADVERSE  EFFECTS OF SMOKING DURING PREGNANCY FOR BOTH FIRSTHAND AND
SECONDHAND SMOKE. SUCH ADVERSE EFFECTS TO THE INFANT INCLUDE LOWER BIRTH
RATES, HIGHER INCIDENCE OF ASTHMA AND OBESITY, AND COGNITIVE AND  DEVEL-
OPMENTAL DAMAGE.
  2.  EVERY HEALTHCARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING
STATUSES AND OFFER CONTINUOUS TAILORED DISCUSSION  OF  QUITTING  SMOKING
WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.
  S 1399-YY. PROGRAMS. THE FOLLOWING PROGRAMS SHALL BE ADDED TO EXISTING
TOBACCO  CONTROL  PROGRAMS  FOR  PREGNANT  WOMEN  OR  TO OTHER PREGNANCY
RELATED PROGRAMS:
  1. CARBON MONOXIDE MONITORING;
  2. DEPRESSION, SOCIAL SUPPORT  AND  DOMESTIC  VIOLENCE  SCREENING  AND
REFERRALS;
  3. REFERRALS FOR SMOKING CESSATION FOR HOUSEHOLD MEMBERS;
  4. ONGOING SUPPORT BY COUNSELING AND EDUCATIONAL MATERIALS; AND
  5. FINANCIAL INCENTIVES SUCH AS SHIPPING VOUCHER OR DIAPER COUPONS FOR
QUITTING FOR MORE THAN FOUR WEEKS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law. Provided, that effective immediately the
commissioner of health is authorized and directed to promulgate any  and
all  rules  and  regulations,  and  take any other measures necessary to
implement the provisions of this act on its effective date.

                                 PART G

  Section 1. Subdivisions 2 and 4 of section 2111 of the  public  health
law, as added by section 21 of part C of chapter 58 of the laws of 2004,
are amended to read as follows:
  2.  The  department  shall establish the criteria by which individuals
will be identified as  eligible  for  enrollment  in  the  demonstration
programs.    Persons  eligible  for enrollment in the disease management
demonstration program shall  be  limited  to  individuals  who:  receive
medical  assistance  pursuant  to  title  eleven  of article five of the
social services law and may be eligible for benefits pursuant  to  title
18 of the social security act (Medicare); are not enrolled in a Medicaid

A. 9394                            17

managed  care  plan,  including  individuals who are not required or not
eligible to participate in Medicaid managed care  programs  pursuant  to
section three hundred sixty-four-j of the social services law; are diag-
nosed  with  chronic  health  problems as may be specified by the entity
undertaking the demonstration program, including, but not limited to one
or more of the following: congestive heart failure, chronic  obstructive
pulmonary disease, asthma, CHRONIC BRONCHITIS, OTHER CHRONIC RESPIRATORY
DISEASES, diabetes, ADULT AND CHILDHOOD OBESITY, or other chronic health
conditions as may be specified by the department; or have experienced or
are  likely  to experience one or more hospitalizations or are otherwise
expected to incur excessive costs and high utilization  of  health  care
services.
  4.  The  demonstration program shall offer evidence-based services and
interventions designed to ensure that the enrollees receive high  quali-
ty, preventative and cost-effective care, aimed at reducing the necessi-
ty  for hospitalization or emergency room care or at reducing lengths of
stay when hospitalization is necessary. The  demonstration  program  may
include  screening  of  eligible enrollees, developing an individualized
care management plan for  each  enrollee  and  implementing  that  plan.
Disease management demonstration programs that utilize information tech-
nology  systems  that allow for continuous application of evidence-based
guidelines to medical assistance claims data and other available data to
identify specific instances in which clinical interventions  are  justi-
fied  and communicate indicated interventions to physicians, health care
providers and/or patients, and monitor physician and health care provid-
er response to such interventions, shall have the enrollees,  or  groups
of enrollees, approved by the department for participation. The services
provided  by  the  demonstration  program as part of the care management
plan may include, but are not limited to, case management, social  work,
individualized  health  counselors, multi-behavioral goals plans, claims
data management, health and self-care education, drug therapy management
and oversight, personal emergency response systems and other  monitoring
technologies,  SYSTEMATIC CHRONIC HEALTH CONDITIONS IDENTIFIED FOR MONI-
TORING, telehealth services and similar services designed to improve the
quality and cost-effectiveness of health care services.
  S 2. This act shall take effect immediately.

                                 PART H

  Section 1.  Section 2599-b of the public health  law,  as  amended  by
section  88  of  part B of chapter 58 of the laws of 2005, is amended to
read as follows:
  S 2599-b. Program development.  1. The program shall  be  designed  to
prevent  and  reduce the incidence and prevalence of obesity in children
and adolescents, especially among populations with high rates of obesity
and obesity-related health complications including, but not limited  to,
diabetes,  heart  disease, cancer, osteoarthritis, asthma, CHRONIC BRON-
CHITIS, OTHER CHRONIC RESPIRATORY DISEASES  and  other  conditions.  The
program shall use recommendations and goals of the United States depart-
ments  of agriculture and health and human services, the surgeon general
and centers for disease control AND PREVENTION in developing and  imple-
menting   guidelines  for  nutrition  education  and  physical  activity
projects as part of obesity prevention efforts. The content  and  imple-
mentation  of  the  program  shall  stress  the  benefits  of choosing a
balanced, healthful diet from the many options available  to  consumers,

A. 9394                            18

without  specifically  targeting  the elimination of any particular food
group, food product or food-related industry.
  2.  The childhood obesity prevention program shall include, but not be
limited to:
  (a) developing media health promotion campaigns, IN COORDINATION  WITH
THE   PUBLIC   INFORMATION  PROVIDED  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED-K OF THIS ARTICLE, targeted  to  children  and  adolescents  and
their  parents  and  caregivers that emphasize increasing consumption of
low-calorie, high-nutrient foods, decreasing consumption  of  high-calo-
rie,  low-nutrient  foods  and  increasing physical activity designed to
prevent or reduce obesity;
  (b) establishing school-based childhood obesity  prevention  nutrition
education and physical activity programs including programs described in
section  twenty-five  hundred  ninety-nine-c of this article, as well as
other programs with linkages to physical and health  education  courses,
and  which  utilize  the  school health index of the National Center for
Chronic Disease Prevention and  Health  Promotion  or  other  recognized
school  health  assessment PURSUANT TO ARTICLE NINETEEN OF THE EDUCATION
LAW;
  (c) establishing community-based childhood obesity  prevention  nutri-
tion  education  and physical activity programs including programs which
involve parents and caregivers, and which encourage  communities,  fami-
lies,  child  care and other settings to provide safe and adequate space
and time for physical activity and encourage a healthy diet, AND CAN  BE
IN  COORDINATION  WITH COUNTY COOPERATIVE EXTENSION PROGRAMS ESTABLISHED
PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-B OF THE COUNTY LAW;
  (d) coordinating with the state education  department,  department  of
agriculture  and markets, office of parks, recreation and historic pres-
ervation, office of temporary and disability assistance, office of chil-
dren and family services and other federal, state and local agencies  to
incorporate  strategies  to  prevent  and  reduce childhood obesity into
government food assistance, health, education and recreation programs;
  (e) sponsoring periodic conferences  or  meetings  to  bring  together
experts in nutrition, exercise, public health, mental health, education,
parenting,  media, food marketing, food security, agriculture, community
planning and other disciplines to examine  societal-based  solutions  to
the  problem  of  childhood obesity and issue guidelines and recommenda-
tions for New York state policy and programs;
  (f) developing training programs for medical and other health  profes-
sionals to teach practical skills in nutrition and exercise education to
children and their parents and caregivers; [and]
  (g)  developing screening programs, IN ACCORDANCE WITH SECTION TWENTY-
FIVE HUNDRED-K OF THIS ARTICLE, in coordination with health care provid-
ers and institutions including but not limited to day care  centers  and
schools  for  overweight and obesity for children aged two through eigh-
teen years, using body mass index (BMI) appropriate for age and  gender,
and  notification,  in  a  manner protecting the confidentiality of such
children and their families, of parents of BMI status,  and  explanation
of  the  consequences  of  such  status,  including  recommended actions
parents may need to take and information about resources  and  referrals
available  to  families  to  enhance  nutrition and physical activity to
reduce and prevent obesity[.]; AND
  (H) COORDINATING WITH THE EDUCATION DEPARTMENT,  OFFICE  OF  TEMPORARY
AND  DISABILITY  ASSISTANCE,  OFFICE OF CHILDREN AND FAMILY SERVICES AND
OTHER FEDERAL, STATE AND LOCAL AGENCIES  TO  INCORPORATE  STRATEGIES  TO
CURTAIL  THE  INCIDENCE  OF ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC

A. 9394                            19

RESPIRATORY DISEASES TO ENABLE ADULTS AND CHILDREN  TO  SAFELY  INCREASE
PHYSICAL ACTIVITY TO HELP CURB THE INCIDENCE OF OBESITY.
  3. The department, IN COOPERATION WITH THE EDUCATION DEPARTMENT, shall
periodically  collect  and  analyze information from schools, health and
nutrition programs and other sources  to  determine  the  prevalence  of
childhood  obesity  in  New  York  state, and to evaluate, to the extent
possible, the effectiveness of the childhood obesity prevention program.
  S 2. The opening paragraph of section 2599-c of the public health law,
as amended by section 88 of part B of chapter 58 of the laws of 2005, is
amended to read as follows:
  The commissioner, IN COOPERATION WITH THE COMMISSIONERS  OF  EDUCATION
AND AGRICULTURE AND MARKETS, AND COUNTY BOARDS OF COOPERATIVE EXTENSION,
shall  encourage  the  establishment  of  school-based childhood obesity
prevention and physical activity programs that promote:
  S 3. This act shall take effect immediately.

                                 PART I

  Section 1.  Section 263 of the public health law, as added by  chapter
538 of the laws of 2002, is amended to read as follows:
  S 263. Department authorized to study obesity - report. 1. The depart-
ment  is authorized to sample and collect data on individual cases where
obesity is being actively treated AND DATA COLLECTED PURSUANT TO SECTION
TWENTY-FIVE HUNDRED-K OF THIS CHAPTER, and to analyze such data in order
to evaluate the impact of treating obesity.  Such  data  collection  and
analysis shall include the following:
  a.  The  effectiveness  of existing methods for treating or preventing
obesity;
  b. The effectiveness of alternate methods for treating  or  preventing
obesity;
  c. The fiscal impact of treating or preventing obesity;
  d.  The compliance and cooperation of patients with various methods of
treating or preventing obesity; or
  e. The reduction in serious medical problems associated with  diabetes
that results from treating or preventing obesity.
  2.  The  department  is  authorized to fund the research authorized in
subdivision one of this section AND  SECTION  TWENTY-FIVE  HUNDRED-K  OF
THIS CHAPTER from gifts, grants, and donations from individuals, private
organizations,  foundations,  or  any  governmental unit; except that no
gift, grant, or donation may be accepted by  the  department  if  it  is
subject to conditions that are inconsistent with this title or any other
laws  of  this  state. The department shall have the power to direct the
disposition of any such gift, grant, or donation  for  the  purposes  of
this title.
  3.  After  completion of the research authorized in subdivision one of
this section, the department shall submit a report and supporting  mate-
rials to the governor and the legislature by June first of the following
year AND UPDATE SUCH REPORT EVERY THREE YEARS.
  S 2. This act shall take effect immediately.

                                 PART J

  Section  1.    Paragraphs (a), (b) and (c) of subdivision 1 of section
2411 of the public health law, as amended by chapter 219 of the laws  of
1997, are amended to read as follows:

A. 9394                            20

  (a)  Survey  state  agencies, boards, programs and other state govern-
mental entities to assess what, if any, relevant data  has  been  or  is
being  collected  which  may be of use to researchers engaged in breast,
prostate or testicular cancer research, OR ADULT AND CHILDHOOD  OBESITY,
ASTHMA,   CHRONIC   BRONCHITIS  OR  OTHER  CHRONIC  RESPIRATORY  DISEASE
RESEARCH;
  (b) Consistent with the survey conducted pursuant to paragraph (a)  of
this  subdivision,  compile  a  list of data collected by state agencies
which may be of assistance to researchers engaged in breast, prostate or
testicular cancer research as established in section twenty-four hundred
twelve of this title, AND ADULT AND CHILDHOOD OBESITY,  ASTHMA,  CHRONIC
BRONCHITIS OR OTHER CHRONIC RESPIRATORY DISEASE RESEARCH;
  (c)  Consult  with the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Agency For Health Care Policy
and Research, the National Academy of Sciences and  other  organizations
or  entities  which  may  be involved in cancer research to solicit both
information regarding breast, prostate and  testicular  cancer  research
projects, AND ADULT AND CHILDHOOD OBESITY, ASTHMA, CHRONIC BRONCHITIS OR
OTHER  CHRONIC  RESPIRATORY DISEASE RESEARCH PROJECTS that are currently
being conducted and recommendations for future research projects;
  S 2. Subdivision 1 of section  2500  of  the  public  health  law,  as
amended  by  chapter  822  of  the  laws  of 1987, is amended to read as
follows:
  1. The commissioner shall act in an advisory and supervisory capacity,
in matters pertaining to the safeguarding of motherhood, the  prevention
of  maternal,  perinatal,  infant and child mortality, the prevention of
diseases, low birth weight, CHILDHOOD OBESITY, and defects of  childhood
and the promotion of maternal, prenatal and child health, including care
in  hospitals,  and shall administer such services bearing on the health
of mothers and children for which funds are or shall hereafter  be  made
available.
  S  3.  The public health law is amended by adding a new section 2500-k
to read as follows:
  S 2500-K. CHILDHOOD OBESITY PREVENTION AND SCREENING.  1.  LEGISLATIVE
DECLARATION.  THE LEGISLATURE HEREBY FINDS, DETERMINES AND DECLARES THAT
OBESITY, PARTICULARLY CHILDHOOD OBESITY, IS A  SERIOUS  MEDICAL  PROBLEM
AND  THAT  THE HIGH INCIDENCE OF SUCH CONDITION NEEDS TO BE CURTAILED TO
IMPROVE THE OVERALL HEALTH OF THE GENERAL PUBLIC AND TO HELP REDUCE  THE
COST  OF PROVIDING HEALTH CARE IN THIS STATE. PROVIDED FURTHER, THAT THE
LEGISLATURE HEREBY REAFFIRMS THE LEGISLATIVE INTENT CONTAINED IN SECTION
TWO HUNDRED SIXTY-ONE OF THIS CHAPTER CONCERNING OBESITY.
  2. THE COMMISSIONER MAY ESTABLISH, FOR USE BY PEDIATRIC  PRIMARY  CARE
PROVIDERS  AND  HOSPITALS, BEST PRACTICE PROTOCOLS FOR THE EARLY SCREEN-
ING, IDENTIFICATION AND TREATMENT OF CHILDREN WHO HAVE LOW BIRTH WEIGHTS
OR MAY BECOME SUSCEPTIBLE TO CONTRACTING  ASTHMA  OR  MANIFEST  TO  HAVE
CHILDHOOD OBESITY CONDITIONS. SUCH PROTOCOLS SHALL INCORPORATE STANDARDS
AND GUIDELINES ESTABLISHED BY THE AMERICAN ACADEMY OF PEDIATRICIANS, THE
FEDERAL  DEPARTMENT OF AGRICULTURE, THE FEDERAL DEPARTMENT OF HEALTH AND
HUMAN SERVICES, THE SURGEON GENERAL, AND THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
  3. THE DEPARTMENT, IN ORDER TO SUPPORT QUALITY CARE IN  ALL  HOSPITALS
WITH OBSTETRIC SERVICES AND FOR ALL PEDIATRIC PRIMARY CARE PROVIDERS, IS
AUTHORIZED TO PROVIDE NON-PATIENT SPECIFIC INFORMATION FOR ALL BIRTHS AT
EACH  AFFILIATE  HOSPITAL IN EACH REGIONAL PERINATAL CENTER'S NETWORK TO
THE REGIONAL PERINATAL CENTER AND THE AFFILIATE, EXCEPT THAT SUCH INFOR-

A. 9394                            21

MATION SHALL INCLUDE ZIP CODE AND A UNIQUE IDENTIFIER, SUCH  AS  MEDICAL
RECORD NUMBER.
  4. THE INFORMATION WHEN RECEIVED BY THE DEPARTMENT SHALL BE USED SOLE-
LY FOR THE PURPOSE OF IMPROVING QUALITY OF CARE AND SHALL NOT BE SUBJECT
TO  RELEASE  UNDER  ARTICLE  SIX  OF  THE PUBLIC OFFICERS LAW, AND WHERE
APPLICABLE, SHALL  BE  SUBJECT  TO  THE  CONFIDENTIALITY  PROVISIONS  OF
SECTION  TWENTY-EIGHT  HUNDRED  FIVE-M  OF THIS CHAPTER, EXCEPT THAT THE
RELEASE OF BIRTH CERTIFICATE INFORMATION SHALL  BE  SUBJECT  TO  SECTION
FORTY-ONE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
  5.  THE  COMMISSIONER  MAY  RELEASE  INFORMATION COLLECTED THROUGH THE
STATEWIDE  PERINATAL  DATA  SYSTEM,  PURSUANT  TO  SECTION   TWENTY-FIVE
HUNDRED-H OF THIS TITLE AND CORRESPONDING INFORMATION RELATED TO ASTHMA,
CHILDHOOD OBESITY OR UNDERWEIGHT BABIES TO HIS OR HER DESIGNEES, INCLUD-
ING  PERSONS  OR  ENTITIES  UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW
QUALITY OF CARE ISSUES, AS RELATED TO THE PROVISIONS  OF  THIS  SECTION,
AND  TO  CONDUCT  QUALITY  IMPROVEMENT INITIATIVES AS NEEDED TO MONITOR,
EVALUATE AND IMPROVE PATIENT CARE AND OUTCOMES. SUCH DESIGNEE OR  PERSON
OR  ENTITY  UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW QUALITY OF CARE
ISSUES SHALL MAINTAIN THE CONFIDENTIALITY OF ALL  SUCH  INFORMATION  AND
SHALL USE IT ONLY TO IMPROVE QUALITY OF CARE, AS APPROVED BY THE DEPART-
MENT,  AND  TO  IMPLEMENT THE PROVISIONS OF TITLE FIVE OF ARTICLE TWO OF
THIS CHAPTER, AS ADDED BY CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE  LAWS
OF TWO THOUSAND TWO.
  6.  THE DEPARTMENT MAY PRODUCE AND DISTRIBUTE EDUCATIONAL MATERIALS ON
CHILDHOOD OBESITY AND ASTHMA RISKS AND PRECAUTIONS. SUCH  MATERIALS  MAY
BE  MADE  AVAILABLE  TO  CHILD  CARE CENTERS, PEDIATRICIANS AND NURSERY,
ELEMENTARY AND SECONDARY SCHOOLS FOR DISTRIBUTION TO PERSONS IN PARENTAL
RELATION TO CHILDREN, AND  TO  HOSPITALS,  BIRTHING  CENTERS  AND  OTHER
APPROPRIATE   HEALTH   CARE  PROVIDERS  FOR  DISTRIBUTION  TO  MATERNITY
PATIENTS. IN ADDITION, SUCH MATERIALS MAY BE  PROVIDED  TO  HEALTH  CARE
PROFESSIONALS ENGAGED IN THE CARE AND TREATMENT OF CHILDREN FOR DISTRIB-
UTION  TO SUCH CHILDREN AND PERSONS IN PARENTAL RELATION. THE DEPARTMENT
MAY ALSO PROVIDE INFORMATION ON CHILDHOOD OBESITY AND ASTHMA  RISKS  AND
PRECAUTIONS  ON  THE DEPARTMENT'S INTERNET WEBSITE. NO PROVISION OF THIS
SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE UTILIZATION AND DISTRIBUTION
OF EDUCATIONAL  MATERIALS  RELATING  THERETO  PRODUCED  BY  ANY  PUBLIC,
PRIVATE  OR  GOVERNMENTAL ENTITY, IN LIEU OF THE DEPARTMENT'S PRODUCTION
OF SUCH MATERIALS.
  7. THE DEPARTMENT SHALL PERIODICALLY REVIEW AVAILABLE DATA ON  OBESITY
AND  ASTHMA  IN CHILDREN AND UPDATE THE INFORMATION ON CHILDHOOD OBESITY
AND ASTHMA RISKS AND PRECAUTIONARY MEASURES PROVIDED IN ITS  EDUCATIONAL
MATERIALS AND ON ITS INTERNET WEBSITE, AS APPROPRIATE.
  S 4. This act shall take effect immediately.

                                 PART K

  Section 1.  Section 2505-a of the public health law, as added by chap-
ter 292 of the laws of 2009, is amended to read as follows:
  S  2505-a.  Rights of breastfeeding mothers. 1. The principles enunci-
ated in subdivision three of this section are declared to be the  public
policy  of  the  state  and  a copy of such statement of rights shall be
posted conspicuously in a public place  in  each  maternal  health  care
facility  AND  CHILD  DAY CARE FACILITY.   For purposes of this section,
"maternal health care provider" means a  physician,  midwife,  or  other
authorized practitioner attending a pregnant woman; and "maternal health
care  facility"  includes  hospitals  and  freestanding birthing centers

A. 9394                            22

providing perinatal services in accordance with article twenty-eight  of
this chapter and applicable regulations.
  2. The commissioner shall make available to every maternal health care
provider [and], maternal health care facility AND CHILD DAY CARE FACILI-
TY,  on  the  health department's website for the purpose of health care
facilities to include such rights in the maternity  information  leaflet
as  described in section twenty-eight hundred three-j of this chapter, a
copy of the statement of rights provided in subdivision  three  of  this
section  in the top six languages other than English spoken in the state
according to the latest available data from the U.S. Bureau  of  Census,
and  shall adopt any rules and regulations necessary to ensure that such
patients are treated in accordance with the provisions  of  such  state-
ment.
  3. The statement of rights shall consist of the following:
                 "Breastfeeding Mothers' Bill of Rights"
  Choosing  the  way you will feed your new baby is one of the important
decisions you will make in preparing for your infant's arrival.  Doctors
agree  that  for most women breastfeeding is the safest and most healthy
choice. It is your right to be informed about the  benefits  of  breast-
feeding  and  have your health care provider [and], maternal health care
facility AND CHILD DAY CARE FACILITY encourage and  support  breastfeed-
ing.  You  have  the  right to make your own choice about breastfeeding.
Whether you choose to breastfeed or not you  have  the  following  basic
rights  regardless  of  your race, creed, national origin, sexual orien-
tation, gender identity or expression, or source  of  payment  for  your
health  care.  Maternal  health care facilities have a responsibility to
ensure that you understand these rights. They must provide this informa-
tion clearly for you and must provide an interpreter if necessary. These
rights may only be limited in cases where your health or the  health  of
your  baby requires it. If any of the following things are not medically
right for you or your baby, you should be fully informed  of  the  facts
and be consulted.
(1)  Before  You  Deliver,  if  you attend prenatal childbirth education
classes provided by the maternal health care facility and  all  hospital
clinics and diagnostic and treatment centers providing prenatal services
in  accordance with article 28 of the public health law you must receive
the breastfeeding mothers' bill of rights.  Each  maternal  health  care
facility  shall provide the maternity information leaflet, including the
Breastfeeding Mothers' Bill of Rights, in accordance with section  twen-
ty-eight  hundred  three-i  of  this  chapter  to each patient or to the
appointed personal representative at the time of prebooking or  time  of
admission  to a maternal health care facility. Each maternal health care
provider shall give a copy of the Breastfeeding Mothers' Bill of  Rights
to each patient at or prior to the medically appropriate time.
  You  have  the  right  to  complete  information about the benefits of
breastfeeding for yourself and your baby. This will  help  you  make  an
informed choice on how to feed your baby.
  You  have  the right to receive information that is free of commercial
interests and includes:
  *  How  breastfeeding  benefits  you  and  your  baby   nutritionally,
medically and emotionally;
  * How to prepare yourself for breastfeeding;
  * How to understand some of the problems you may face and how to solve
them.
(2) In The Maternal Health Care Facility:

A. 9394                            23

  * You have the right to have your baby stay with you right after birth
whether you deliver vaginally or by cesarean section. You have the right
to begin breastfeeding within one hour after birth.
  *  You  have  the right to have someone trained to help you in breast-
feeding give you information and help you when you need it.
  * You have the right to have your baby not receive any bottle  feeding
or pacifiers.
  *  You  have the right to know about and refuse any drugs that may dry
up your milk.
  * You have the right to have your baby in your room with you 24  hours
a day.
  * You have the right to breastfeed your baby at any time day or night.
  *  You  have the right to know if your doctor or your baby's pediatri-
cian is advising against breastfeeding before any feeding decisions  are
made.
  *  You have the right to have a sign on your baby's crib clearly stat-
ing that your baby is breastfeeding and that no bottle  feeding  of  any
type is to be offered.
  *  You  have  the  right to receive full information about how you are
doing with breastfeeding and get help on how to improve.
  * You have the right to breastfeed your baby in the neonatal intensive
care unit. If nursing is not possible, every attempt  will  be  made  to
have your baby receive your pumped or expressed milk.
  * If you, or your baby, are re-hospitalized in a maternal care facili-
ty  after the initial delivery stay, the hospital will make every effort
to continue to support breastfeeding, to provide hospital grade electric
pumps and rooming in facilities.
  * You have the right to have help from someone  specially  trained  in
breastfeeding  support  and  expressing  breast  milk  if  your baby has
special needs.
  * You have the right to have a family member or friend receive breast-
feeding information from a staff member if you request it.
(3) When You Leave The Maternal Health Care Facility:
  * You have the right to  printed  breastfeeding  information  free  of
commercial material.
  * You have the right, unless specifically requested by you, and avail-
able  at  the  facility,  to  be  discharged  from  the facility without
discharge packs containing infant formula,  or  formula  coupons  unless
ordered by your baby's health care provider.
  *  You have the right to get information about breastfeeding resources
in your community including information on availability of breastfeeding
consultants, support groups and breast pumps.
  * You have the right to have the facility give you information to help
choose a medical provider for your baby and understand the importance of
a follow-up appointment.
  * You have the right to receive information  about  safely  collecting
and storing your breast milk.
  *  You  have the right to breastfeed your baby in any location, public
or private, where you are otherwise authorized to be. Complaints can  be
directed to the New York State Division of Human Rights.
  * YOU HAVE A RIGHT TO BREASTFEED YOUR BABY AT YOUR PLACE OF EMPLOYMENT
OR  CHILD  DAY  CARE  CENTER  IN AN ENVIRONMENT THAT DOES NOT DISCOURAGE
BREASTFEEDING OR THE PROVISION OF BREAST MILK.
  All the above are your rights. If the maternal  health  care  facility
does not honor these rights you can seek help by contacting the New York

A. 9394                            24

state  department  of  health  or  by  contacting the hospital complaint
hotline or via email.
  4.  The  commissioner  shall  make regulations reasonably necessary to
implement this section.
  S 2. Section 2505 of the public health law, as added by chapter 479 of
the laws of 1980, is amended to read as follows:
  S 2505. Human  breast  milk;  collection,  storage  and  distribution;
general  powers  of  the  commissioner.    The  commissioner  is  hereby
empowered to:
  (a) adopt regulations and guidelines including,  but  not  limited  to
donor  standards,  methods of collection, and standards for storage, and
distribution of human breast milk;
  (b) conduct educational activities to inform  the  public  and  health
care  providers  of  the  availability  of human breast milk for infants
determined to require such milk and to inform potential  donors  of  the
opportunities for proper donation;
  (c)  ADOPT  REGULATIONS  AND  GUIDELINES  TO  ENCOURAGE AND FACILITATE
EMPLOYERS AND CHILD DAY CARE CENTERS TO ESTABLISH ENVIRONMENTS  THAT  DO
NOT  DISCOURAGE  BREASTFEEDING  AND  THE  PROVISION OF BREAST MILK. SUCH
ENVIRONMENTS SHALL INCLUDE SANITARY LOCATIONS FOR BREASTFEEDING,  REFRI-
GERATORS,  AND  TRAINED  STAFF  TO  ASSIST  IN BREASTFEEDING AND FEEDING
BABIES WITH EXPRESSED BREAST MILK;
  (D) COLLECT AND COMPILE DATA ON THE PREVALENCE OF BREASTFEEDING IN THE
STATE AND THE HEALTH CONDITION OF CHILDREN FED BREAST MILK IN COMPARISON
TO THOSE WHO WERE NOT; AND
  (E) establish rules and regulations to effectuate  the  provisions  of
this section.
  S  3. Subdivision 2 of section 2515 of the public health law, as added
by section 20 of part A of chapter 58 of the laws of 2008, is amended to
read as follows:
  2. "Services for eligible adolescents" means those services, including
but not limited to: vocational and educational  counseling,  job  skills
training,  family life and parenting education, life skills development,
coordination, case management, primary preventive health care, PREGNANCY
AND CHILD NUTRITION COUNSELING FOR EXPECTANT MOTHERS TO CURB  THE  INCI-
DENCE  OF  CHILDHOOD  OBESITY,  family planning, social and recreational
programs, child care, outreach and advocacy, follow-up on service utili-
zation, crisis intervention, and efforts to stimulate community interest
and involvement.
  S 4. Paragraph (c) of subdivision 2 of section 2515-a  of  the  public
health  law,  as added by section 20 of part A of chapter 58 of the laws
of 2008, is amended to read as follows:
  (c) serve a geographic area where the incidence of  infant  mortality,
LOW  BIRTH  WEIGHT INFANTS, CHILDHOOD OBESITY and the prevalence of low-
income families are high and where the availability or accessibility  of
services for eligible adolescents is low;
  S  5.  Subdivision  (b)  of  section 2522 of the public health law, as
amended by chapter 484 of the laws of 2009, is amended and a new  subdi-
vision (e-1) is added to read as follows:
  (b) promotion of community awareness of the benefits TO THE MOTHER AND
CHILD of preconception health and early and continuous prenatal care;
  (E-1)  HEALTH AND NUTRITIONAL EDUCATION AND SERVICES FOR BOTH PARENTS,
REGARDING CHILDHOOD AND ADULT OBESITY AND ASTHMA, AND THE PREVENTION  OR
MITIGATION THEREOF;
  S 6. This act shall take effect immediately.

A. 9394                            25

                                 PART L

  Section 1. Section 916 of the education law, as amended by chapter 524
of the laws of 2006, is amended to read as follows:
  S  916. Pupils afflicted with asthma OR OTHER POTENTIALLY LIFE-THREAT-
ENING RESPIRATORY ILLNESSES.  The board of education or trustees of each
school district and board  of  cooperative  educational  services  shall
allow  pupils  who  have  been  diagnosed  by  a physician or other duly
authorized health care provider with a severe OR MODERATELY SEVERE asth-
matic  condition  OR  OTHER  POTENTIALLY  LIFE-THREATENING   RESPIRATORY
ILLNESS  to  carry  and  use a prescribed inhaler during the school day,
with the written permission of a  physician  or  other  duly  authorized
health care provider, and parental consent, based on such physician's or
provider's  determination that such pupil is subject to sudden asthmatic
attacks [severe enough to] THAT CAN debilitate such pupil. A  record  of
such  permission  shall be maintained in the school office. In addition,
upon the written request of a parent or person in parental relation, the
board of education or trustees of a school district and board of cooper-
ative educational services shall allow such pupils to maintain an  extra
such  inhaler in the care and custody of a registered professional nurse
OR OTHER DESIGNATED RESPONSIBLE PERSON  employed  by  such  district  or
board  of  cooperative  educational  services.   Nothing in this section
shall require a school district  or  board  of  cooperative  educational
services  to  retain  a  school  nurse  solely for the purpose of taking
custody of a spare inhaler, or require that a school nurse be  available
at all times in a school building for such purpose.
  S  2. The education law is amended by adding a new section 921 to read
as follows:
  S 921. USE OF NEBULIZER. 1. EVERY SCHOOL DISTRICT AND BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES IN THIS STATE MAY MAINTAIN ONE OR MORE  NEBU-
LIZERS  IN  THE  OFFICE  OF  THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE
LOCATION.
  2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,
MAY  PROMULGATE  REGULATIONS FOR THE ADMINISTRATION OF ASTHMA MEDICATION
THROUGH THE USE OF A NEBULIZER BY THE SCHOOL NURSE OR PERSON  AUTHORIZED
BY REGULATION. THE REGULATIONS MAY INCLUDE:
  A.  A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED
TO ADMINISTER ASTHMA MEDICATION IN SCHOOLS RECEIVE  TRAINING  IN  AIRWAY
MANAGEMENT  AND  IN  THE  USE OF NEBULIZERS AND INHALERS CONSISTENT WITH
NATIONALLY RECOGNIZED STANDARDS; AND
  B. A REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE  ASTHMA  MEDICATION
PURSUANT  TO SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE OR A NEBULIZER
HAVE AN ASTHMA TREATMENT PLAN PREPARED BY THE PHYSICIAN  OF  THE  PUPIL,
WHICH  IDENTIFY,  AT A MINIMUM, ASTHMA TRIGGERS, THE TREATMENT PLAN, AND
SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE REGENTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly the commissioner of education is authorized to promulgate  rules  and
regulations for the implementation of this act on such effective date.

                                 PART M

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  S 235-H. RESIDENTIAL RENTAL PROPERTY SMOKING  POLICIES.  EVERY  RENTAL
AGREEMENT FOR A DWELLING UNIT, IN A MULTIPLE DWELLING BUILDING WITH FOUR

A. 9394                            26

OR  MORE UNITS, SHALL INCLUDE A DISCLOSURE OF THE SMOKING POLICY FOR THE
PREMISES ON WHICH THE DWELLING UNIT  IS  LOCATED.  THE  DISCLOSURE  MUST
STATE  WHETHER  SMOKING  IS  PROHIBITED  ON THE PREMISES, ALLOWED ON THE
ENTIRE  PREMISES  OR  ALLOWED  IN  LIMITED AREAS ON THE PREMISES. IF THE
SMOKING POLICY ALLOWS SMOKING IN LIMITED  AREAS  ON  THE  PREMISES,  THE
DISCLOSURE  MUST  IDENTIFY  THE  AREAS  ON THE PREMISES WHERE SMOKING IS
ALLOWED.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART N

  Section  1.   The state finance law is amended by adding a new section
91-h to read as follows:
  S 91-H. OBESITY AND RESPIRATORY DISEASE RESEARCH AND  EDUCATION  FUND.
1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER
OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE  KNOWN
AS THE "OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND".
  2.  SUCH  FUND  SHALL  CONSIST  OF ALL REVENUE RECEIVED PURSUANT TO AN
APPROPRIATION THERETO, AND ALL OTHER MONEYS  APPROPRIATED,  CREDITED  OR
TRANSFERRED  THERETO  FROM  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW.
NOTHING IN THIS SECTION SHALL  BE  DEEMED  TO  PREVENT  THE  STATE  FROM
RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS FOR THE PURPOSES OF THE FUND AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR ADULT  AND  CHILDHOOD
OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIRATORY DISEASE
RESEARCH  AND  EDUCATIONAL PROJECTS CONDUCTED PURSUANT TO SECTIONS TWEN-
TY-FOUR HUNDRED ELEVEN, TWENTY-FIVE HUNDRED AND TWENTY-FIVE HUNDRED-K OF
THE PUBLIC HEALTH LAW.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE COMPTROLLER ON VOUCHERS APPROVED OR CERTIFIED BY THE COMMISSIONER OF
HEALTH.
  S 2. This act shall take effect immediately.

                                 PART O

  Section 1. Paragraphs 6 and 7 of subsection (b) of section 3239 of the
insurance  law, as added by chapter 592 of the laws of 2008, are amended
and a new paragraph 8 is added to read as follows:
  (6) a nutrition education program; [and]
  (7) health or fitness incentive programs[.]; AND
  (8) A COORDINATED WEIGHT MANAGEMENT, NUTRITION, STRESS MANAGEMENT  AND
PHYSICAL  FITNESS  PROGRAM  TO  COMBAT  THE  HIGH INCIDENCE OF ADULT AND
CHILDHOOD OBESITY, ASTHMA AND OTHER CHRONIC RESPIRATORY CONDITIONS.
  S 2. Subparagraphs (C) and (D) of paragraph 2  of  subsection  (c)  of
section  3239  of the insurance law, as added by chapter 592 of the laws
of 2008, are amended and two new subparagraphs (E) and (F) are added  to
read as follows:
  (C) the waiver or reduction of copayments, coinsurance and deductibles
for  preventive  services  covered  under the group policy or subscriber
contract; [and]
  (D) monetary rewards in the form of gift cards or  gift  certificates,
so  long  as the recipient of the reward is encouraged to use the reward
for a product or a service that promotes good health,  such  as  healthy
cook books, over the counter vitamins or exercise equipment[.];

A. 9394                            27

  (E)  FULL  OR  PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
STRESS MANAGEMENT PROGRAM OR ACTIVITY; AND
  (F)  FULL  OR  PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
HEALTH OR FITNESS PROGRAM.
  S 3. This act shall take effect immediately.

                                 PART P

  Section 1.   Subparagraph 4 of  paragraph  (o)  of  subdivision  4  of
section 366 of the social services law is amended by adding a new clause
(vi-a) to read as follows:
  (VI-A) HEALTH AND NUTRITIONAL EDUCATION AND SERVICES FOR BOTH PARENTS,
REGARDING  CHILDHOOD AND ADULT OBESITY, ASTHMA AND THE MITIGATION THERE-
OF;
  S 2. Paragraph (a) of subdivision 2-a of section  390  of  the  social
services law, as added by chapter 416 of the laws of 2000, is amended to
read as follows:
  (a)  The office of children and family services shall promulgate regu-
lations  which  establish  minimum  quality  program  requirements   for
licensed  and  registered child day care homes, programs and facilities.
Such requirements shall include but not be limited to (i) the  need  for
age  appropriate  activities,  materials and equipment to promote cogni-
tive, educational, social, cultural, physical, emotional,  language  and
recreational  development  of  children  in  care in a safe, healthy and
caring environment (ii) principles of childhood development (iii) appro-
priate staff/child ratios for family day care homes,  group  family  day
care  homes, school age day care programs and day care centers, provided
however that such staff/child ratios shall not be  less  stringent  than
applicable  staff/child  ratios  as set forth in part four hundred four-
teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
teen of title eighteen of the New York code of rules and regulations  as
of January first, two thousand (iv) appropriate levels of supervision of
children  in  care (v) APPROPRIATE PHYSICAL ACTIVITY, NUTRITIONAL OFFER-
INGS, AND LOW CALORIE AND LOW SUGAR BEVERAGES TO LOWER THE INCIDENCE  OF
CHILDHOOD   OBESITY  (VI)  minimum  standards  for  sanitation,  health,
infection control, nutrition, buildings and equipment, safety,  security
procedures,  first  aid,  fire prevention, fire safety, evacuation plans
and drills, prevention of child abuse and maltreatment, staff qualifica-
tions and training, record keeping, and child behavior management.
  S 3. Section 390-a of the social services law is amended by  adding  a
new subdivision 6 to read as follows:
  6.  NO  FAMILY  DAY  CARE HOME, GROUP FAMILY DAY CARE HOME, SCHOOL AGE
CHILD CARE PROGRAM OR CHILD DAY CARE CENTER SHALL  DISCRIMINATE  AGAINST
ANY CHILD WHO IS BREAST FED OR WHO IS FED WITH EXPRESSED BREAST MILK.
  S  4.  Subdivision  1  of section 224-b of the county law, as added by
chapter 575 of the laws of 1989, is amended to read as follows:
  1. Agreements to employ and manage area program specialists.  Notwith-
standing  the  provisions  of  subdivision  eight of section two hundred
twenty-four of this article, two or more  county  cooperative  extension
associations may enter into a separate agreement with Cornell university
to  employ  area  program specialists.   Examples of program areas which
could be funded and delivered through the Cornell cooperative  extension
system  could  include  but not be limited to water quality, solid waste
management, commercial and alternative agricultural  technologies  inte-
grated  pest management, nutrition, diet and health, ADULT AND CHILDHOOD
OBESITY, ASTHMA AND CHRONIC RESPIRATORY  ILLNESS  PREVENTION,  community

A. 9394                            28

and  rural  development,  housing availability and affordability, family
and economic well being, and the complex problems of youth at risk. Such
annual agreements shall identify the  titles  of  the  positions  to  be
supported  and the program areas for which they will provide leadership.
Standards for the employment  of  area  program  specialists,  including
salaries, shall be established by Cornell university, through the direc-
tor of extension in consultation with county cooperative extension asso-
ciations,  apart from standards for the employment of professional staff
under section two hundred twenty-four  of  this  article.  Area  program
specialists  shall, for administrative purposes, receive salary payments
through the Cornell university payroll and for such  purposes  shall  be
deemed  employees  of  Cornell university; provided, however, that their
program activities shall be directed and managed jointly by the  partic-
ipating associations and Cornell university under the terms of the annu-
al  memorandum  of agreement. Area program specialists shall be eligible
to receive the same state or federal  fringe  benefits  as  professional
staff employed by the cooperative extension associations under the terms
of section two hundred twenty-four of this article.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that,  effec-
tive  immediately,  any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.
  S 3.  Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 4. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through P of this act shall be
as specifically set forth in the last section of such Parts.