Assembly Bill A8654

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

                                  8654

                          I N  A S S E M B L Y

                            January 30, 2014
                               ___________

Introduced  by  M. of A. CRESPO, RAMOS, MOYA, SEPULVEDA -- read once and
  referred to the Committee on Insurance

AN ACT to amend the executive law, in relation to the  creation  of  the
  disaster preparedness homeowner's discount program

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

  Section 1. The executive law is amended by adding a new  section  29-k
to read as follows:
  S 29-K. DISASTER PREPAREDNESS HOMEOWNER'S DISCOUNT PROGRAM. 1.  STATE-
MENT  OF PURPOSE. THE PURPOSES OF THIS SECTION ARE TO PROVIDE HOMEOWNERS
WITH A COURSE OF INSTRUCTION ON HOW TO MAKE THEIR HOME MORE RESILIENT TO
NATURAL DISASTER AND TO RAISE DISASTER  PREPAREDNESS  AWARENESS  THROUGH
THE  IMPLEMENTATION  OF  A  HOMEOWNER  DISASTER  PREPAREDNESS  EDUCATION
PROGRAM (HDPEP). THESE PURPOSES WILL  BE  ACCOMPLISHED  BY  ESTABLISHING
STRICT CRITERIA FOR INITIAL AND CONTINUAL COURSE SPONSORSHIP APPROVAL.
  2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING DEFINITIONS:
  A. "DISASTER" MEANS THE OCCURRENCE OR IMMINENT THREAT OF  WIDE  SPREAD
OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULTING FROM ANY
NATURAL  OR MAN-MADE CAUSES, INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD,
EARTHQUAKE, HURRICANE, TORNADO, HIGH WATER, LANDSLIDE,  MUDSLIDE,  WIND,
STORM,  WAVE  ACTION,  VOLCANIC  ACTIVITY,  EPIDEMIC, AIR CONTAMINATION,
TERRORISM, CYBER EVENT, BLIGHT, DROUGHT, INFESTATION, EXPLOSION,  RADIO-
LOGICAL  ACCIDENT,  NUCLEAR,  CHEMICAL,  BIOLOGICAL,  OR BACTERIOLOGICAL
RELEASE, WATER CONTAMINATION, BRIDGE FAILURE OR BRIDGE COLLAPSE.
  B. "COMMISSION" MEANS THE  DISASTER  PREPAREDNESS  COMMISSION  CREATED
PURSUANT TO SECTION TWENTY-ONE OF THIS ARTICLE.
  C.  "SPONSORING  AGENCY" SHALL MEAN AN ORGANIZATION WHICH OWNS A HOME-
OWNER DISASTER PREPAREDNESS COURSE APPROVED BY THE COMMISSION.
  D. "DELIVERY AGENCY" SHALL MEAN AN ORGANIZATION WHICH CONDUCTS A SPON-
SORING AGENCY'S APPROVED HOMEOWNER DISASTER PREPAREDNESS COURSE.
  E. "INSTRUCTOR" SHALL MEAN AN INDIVIDUAL EMPLOYED BY A DELIVERY AGENCY
TO TEACH AN APPROVED HOMEOWNER DISASTER PREPAREDNESS COURSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13700-01-4
              

A. 8654                             2

  F. "DISASTER PREPAREDNESS COURSE" OR "COURSE" SHALL MEAN THE HOMEOWNER
DISASTER PREPAREDNESS COURSE CURRICULUM OR SPECIALIZED COURSE CURRICULUM
WHICH HAS BEEN APPROVED BY THE COMMISSION.
  G.  "COMPLETION  CERTIFICATE"  SHALL  MEAN  A DOCUMENT WHICH CANNOT BE
ALTERED AND WHICH IS PROVIDED TO THE STUDENT WHO SUCCESSFULLY  COMPLETES
THE HOMEOWNER DISASTER PREPAREDNESS COURSE.
  3. DEVELOPMENT OF THE PROGRAM. THE COMMISSION, IN COOPERATION WITH THE
NEW  YORK  STATE  DIVISION  OF HOMELAND SECURITY AND EMERGENCY SERVICES,
WILL DEVELOP THE HOMEOWNER DISASTER PREPAREDNESS EDUCATION  PROGRAM  AND
WILL INSTITUTE STRICT CRITERIA FOR INITIAL AND CONTINUAL COURSE SPONSOR-
SHIP APPROVAL.
  4.  APPROVAL BY THE COMMISSION. A. THE COMMISSION MUST APPROVE A HOME-
OWNER DISASTER PREPAREDNESS  COURSE  BEFORE  ANY  PERSON  ATTENDING  AND
SUCCESSFULLY  COMPLETING  SUCH  COURSE  MAY QUALIFY TO RECEIVE MANDATORY
INSURANCE REDUCTION BENEFITS. THE COMMISSION SHALL BASE THE DECISION  TO
APPROVE A COURSE UPON THE REQUIREMENTS SET FORTH IN THIS SECTION AND ANY
ADDITIONAL REQUIREMENTS AS THE COMMISSION DEEMS NECESSARY.
  B.  SUCH  INSURANCE  REDUCTION  BENEFITS SHALL BE DEVELOPED BY THE NEW
YORK STATE DEPARTMENT OF FINANCIAL SERVICES, IN COOPERATION WITH PROPER-
TY AND CASUALTY INSURANCE FIRMS. THE LEVEL OF REDUCTION BENEFITS  SHALL,
AT  A MINIMUM, BE NOT LESS THAN TEN PERCENT OF THE PREMIUM ON A HOMEOWN-
ER'S INSURANCE POLICY.
  5. APPLICATION FOR APPROVAL. A.  AN  AGENCY  OR  ORGANIZATION  SEEKING
APPROVAL  AS  A HOMEOWNER DISASTER PREPAREDNESS COURSE SPONSORING AGENCY
SHALL APPLY TO THE COMMISSION FOR APPROVAL. SUCH APPLICATIONS  SHALL  BE
MADE  IN WRITING AND ON FORMS PRESCRIBED BY THE COMMISSION. THE APPLICA-
TION SHALL INCLUDE AT A MINIMUM: THE TITLE OR NAME OF  THE  COURSE,  THE
NAME  OF  THE  ORGANIZATION  SUBMITTING THE APPLICATION, PROOF OF COURSE
OWNERSHIP, AND THE NAMES AND ADDRESSES  OF  ALL  OWNERS,  OFFICERS,  AND
DIRECTORS  OF  THE AGENCY OR ORGANIZATION, AND SUCH OTHER INFORMATION OR
MATERIAL AS THE COMMISSION MAY PRESCRIBE. AN APPLICATION  SHALL  NOT  BE
CONSIDERED TO BE COMPLETE UNTIL ALL INFORMATION AND MATERIAL REQUIRED BY
THE COMMISSION HAS BEEN SUBMITTED.
  B.  THE  COMMISSION  SHALL  EITHER  APPROVE OR DENY AN APPLICATION FOR
COURSE APPROVAL NO LATER THAN NINETY  DAYS  FOLLOWING  SUBMISSION  OF  A
COMPLETED APPLICATION. IN THE EVENT THE COMMISSION TAKES NO ACTION ON AN
APPLICATION AFTER NINETY DAYS FOLLOWING SUBMISSION OF A COMPLETED APPLI-
CATION, THE APPLICATION SHALL BE DEEMED DENIED.
  C.  THE  COMMISSION  IS  AUTHORIZED TO SUSPEND OR REVOKE APPROVAL OF A
SPONSORING AGENCY SHOULD THE COMMISSION FIND THAT THE SPONSORING AGENCY,
ITS DELIVERY AGENCY  OR  ITS  INSTRUCTORS  HAVE  BEEN  FOUND  TO  BE  IN
VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
  6.  REGULATIONS.  THE COMMISSION SHALL PROMULGATE SUCH RULES AND REGU-
LATIONS AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF  THIS  SECTION.
IN  ADDITION  TO  ANY REQUIREMENTS EXPRESSLY AUTHORIZED BY THIS SECTION,
SUCH REGULATIONS MAY INCLUDE BUT NOT  BE  LIMITED  TO  REQUIREMENTS  AND
STANDARDS  WITH RESPECT TO: DELIVERY AGENCIES AND INSTRUCTORS; CLASSROOM
FACILITIES; SUSPENSION OR REVOCATION OF APPROVAL; APPEAL  OF  SUSPENSION
OR  REVOCATION; COURSE ADMINISTRATION AND ADVERTISING; AND MONITORING OF
COURSES AND INSTRUCTORS.
  7. REPORT. THE COMMISSION SHALL INCLUDE IN ITS ANNUAL REPORT SUBMITTED
TO THE GOVERNOR, THE LEGISLATURE AND THE CHIEF JUDGE  OF  THE  STATE  BY
MARCH  THIRTY-FIRST  OF  EACH YEAR, AS REQUIRED IN SECTION TWENTY-ONE OF
THIS ARTICLE, AN UPDATE AS TO THE EFFECTIVENESS AND USAGE OF THE  DISAS-
TER PREPAREDNESS HOMEOWNER'S DISCOUNT PROGRAM.

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  8.  IMPLEMENTATION.  THE  DISASTER  PREPAREDNESS  HOMEOWNER'S DISCOUNT
PROGRAM SHALL BE IMPLEMENTED ON OR BEFORE DECEMBER FIRST,  TWO  THOUSAND
FIFTEEN.
  S 2. This act shall take effect immediately.