S T A T E O F N E W Y O R K
________________________________________________________________________
401
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. MAGNARELLI, COLTON, JAFFEE, LAVINE, GALEF, COOK,
WEPRIN -- Multi-Sponsored by -- M. of A. BOYLAND, SCHIMEL -- read once
and referred to the Committee on Health
AN ACT to amend the public health law, in relation to authorizing
approval fees for environmental laboratories
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 5, 6, 7, 8 and 9 of section 502 of the public
health law, as amended by chapter 699 of the laws of 1992 and subdivi-
sions 7, 8 and 9 as renumbered by section 24 of part A of chapter 58 of
the laws of 2010, are amended to read as follows:
5. Subject to the approval of the director of the budget, the commis-
sioner shall charge [adequate and reasonable fees for the periodic
inspection of out-of-state] laboratories APPROVAL FEES TO RECOVER THE
COST TO THE DEPARTMENT OF OPERATING THIS PROGRAM. THE COMMISSIONER MAY
WAIVE ALL OR ANY PART OF SUCH FEE CHARGES FOR LABORATORIES OPERATED BY
THE STATE.
(A) THE APPROVAL FEE ASSESSED TO EACH ENVIRONMENTAL LABORATORY SHALL
BE THE SUM OF A BASE ADMINISTRATIVE FEE, ALL APPLICABLE CATEGORY OF
SERVICE FEES, AND ANY APPLICABLE INSPECTION FEES.
BASE ADMINISTRATIVE FEES, CATEGORY OF SERVICE FEES, AND INSPECTION
FEES SHALL BE CALCULATED PURSUANT TO REGULATION. THE COMMISSIONER SHALL
ANNUALLY PUBLISH A DETAILED FEE SCHEDULE ON THE DEPARTMENT WEBSITE NO
LATER THAN THIRTY DAYS PRIOR TO THE BEGINNING OF EACH APPROVAL YEAR.
(1) BASE ADMINISTRATIVE FEES SHALL INCLUDE ANNUAL FEES FOR THE INITIAL
APPLICATION FOR CERTIFICATES OF APPROVAL, RENEWAL OF CERTIFICATES OF
APPROVAL, AND MODIFICATION OF CERTIFICATES OF APPROVAL.
(2) CATEGORY OF SERVICE FEES SHALL INCLUDE FLAT FEES FOR EACH CATEGO-
RY, PROCEDURE OR SPECIALTY FOR WHICH A CERTIFICATE OF APPROVAL IS
SOUGHT. SUCH FEES SHALL BE PRORATED WHEN A CERTIFICATE OF APPROVAL IS
SOUGHT FOR A PORTION OF AN APPROVAL YEAR.
(3) INSPECTION FEES SHALL INCLUDE RATES FOR ALL APPLICABLE TRAVEL
COSTS THAT MAY BE INCURRED BY THE DEPARTMENT IN SENDING INSPECTORS TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01510-01-3
A. 401 2
OUT-OF-STATE LABORATORIES POSSESSING OR SEEKING A CERTIFICATE OF
APPROVAL.
(B) APPROVAL FEES COLLECTED SHALL NOT EXCEED THE COST TO THE DEPART-
MENT OF OPERATING THIS PROGRAM. SHOULD TOTAL APPROVAL FEES COLLECTED
DURING AN APPROVAL YEAR EXCEED THE COST TO THE DEPARTMENT FOR SUCH PERI-
OD, BASE ADMINISTRATIVE FEES FOR THE NEXT APPROVAL YEAR SHALL BE PROPOR-
TIONALLY REDUCED TO REFLECT THE EXCESS AMOUNT COLLECTED.
6. [Subject to the approval of the director of the budget, the commis-
sioner shall charge laboratories fees to recover the cost to the depart-
ment of operating this program. The commissioner may waive all or any
part of such fee charges for laboratories operated by the state. Fees
shall include the following:
(a) a basic amount of five hundred dollars to be charged to each labo-
ratory;
(b) the balance of the program cost from:
(1) an additional amount to be charged to each laboratory proportional
to total adjusted volume of analytes performed by the laboratory in the
preceding year as defined in regulations of the department, the total
amount collected from which shall equal fifty percent of the balance of
the program costs;
(2) an additional amount to be charged to each laboratory proportional
to the number of analytes for which such laboratory maintains its
certification.
Subparagraph one of paragraph (b) of this subdivision shall not apply
to government laboratories.
7.] For those categories, procedures or specialities as specified in
subdivision three OF THIS SECTION for which the commissioner has issued
certificates of approval, the commissioner shall within thirty days of
receipt of an application for a certificate from a laboratory existing
on or before April first, nineteen hundred ninety-three, which is
initially required to obtain certification, review such application and
issue an interim certificate of approval in the particular category,
procedure or speciality to all laboratories which provide adequate
documentation in their application that they are capable of performing
quality work in the category, procedure or speciality under review. An
interim certificate of approval in specified categories will remain
valid until such time as the commissioner shall reach a determination on
the application.
[8.] 7. The commissioner may adopt and amend rules and regulations to
effectuate the provisions and purposes of this title.
[9.] 8. A person who intentionally violates or refuses or omits to
comply with subdivision two of this section, or any regulation adopted
pursuant thereto, is guilty of a misdemeanor, punishable upon
conviction, by imprisonment for not more than one year or by a fine of
not more than one thousand dollars or by both such fine and imprison-
ment. A second or subsequent conviction shall be punishable by imprison-
ment for not more than one year or a fine of not more than two thousand
five hundred dollars or by both such fine and imprisonment.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on or
before such date.