senate Bill S2326

2013-2014 Legislative Session

Establishes the office of risk assessment and management within the office of general services

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 16, 2013 referred to finance

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S2326 - Bill Details

See Assembly Version of this Bill:
A4282
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add Art 10-A ยงยง204 - 207, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1029A, A8612
2009-2010: S6885A

S2326 - Bill Texts

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Establishes the office of risk assessment and management within the office of general services to determine the state's potential exposure to liability for its acts and omissions; such office shall also advise state agencies on proper risk management techniques and procedures.

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BILL NUMBER:S2326 REVISED 2/5/13

TITLE OF BILL: An act to amend the executive law, in relation to estab-
lishing the office of risk assessment and management

PURPOSE: To strengthen and institute a formal risk management regiment
into normal daily State operations & procedures and in anticipation of
the incidence of a natural disaster or catastrophic weather event.
Instituting a formal risk management regiment to state operations will
help to minimize New York State's future losses and liability exposure
due to: a) physical injury to state employees and the general public
during normal business operations, b) damage to physical property owned
and controlled by the State during normal business operations, c)
systemic damage or loss to state governmental operations, facilities or
infrastructure caused by the occurrence of a natural disaster or
catastrophic weather event, and d) systemic damage or loss to this
State's local governments (including their facilities, labor force and
operations) and to the State's economy either on a state-wide or local-
ized basis due to the occurrence of a natural disaster or catastrophic
weather event.

SUMMARY OF PROVISIONS:

Section 1: Adds Executive Law Article 10-A to codify into the law an
Office of Risk Assessment and Management (ORAM) to be within the Office
of General Services (OGS). The bill provides for the appointment of a
risk manager and establishes duties and responsibilities of the state
Risk Manager. The risk manager is to help anticipate, curtail and mini-
mize future state liabilities due to personal injury of its employees
and the general public or the physical damage to property that occurs
during the normal course of state operations or as a consequence of a
natural disaster or catastrophic weather event.

In the end, due to the existence of the Bureau of Risk and Insurance
Management (BRIM)that is already within the OGS, BRIM's role will proba-
bly be expanded to take on the responsibilities of the GRAM. Hence,
there will be no fiscal cost to this bill. Further, in securing risk
management consultants, many times, such consultants work on a commis-
sion basis, so their costs will be paid for out of the cost savings that
they generate for the State of New York.

This bill includes qualifications that the risk manager should have to
be appointed to that position. Among the responsibilities of the risk
manager include: 1) conduct an inventory of all state real property and
ascertain past, present and future liability exposure due to state oper-
ations on such property. 2) conduct a study of the actions, claims, and
claims settlement processes of the court of claims, actions in the New
York and Federal Courts, and payment of those claims to ascertain trends
in the payment of state claims due to injury of persons or property. 3)
conduct a study of current state practices and how those practices could
be altered to minimize future claims brought against the state and

damage sustained by the State. Under this provision, the risk manager
would be responsible for making recommendations to alter state oper-
ations and capital construction programs to anticipate potential future
climatic changes that may be caused by global warming. This will be done
by advising various State agencies on proper risk management techniques
and procedures and how alter their operations and capital plans to
anticipate future change. 4) adds the ability to look at financial loss-
es arising from the ownership, control or use of real or personal prop-
erty and to establish business continuity programs for state services in
the normal course of business or in case of a natural disaster or
catastrophic weather event.

State agencies are to cooperate with the work of the State risk manager.
Once the risk manager has suggested a risk management technique, the
state agency has time to comment on that recommendation.

Any public benefit corporation, public authority, or local government
can contract with the state risk manager to perform risk management
services or supplement already existing internal risk assessment and
management services. This could help reduce the cost of providing
services for local governments and to anticipate operational changes
that may need to be made in response to a natural disaster or
catastrophic weather event. In the end, this could help to reduce the
increasing cost of real property taxes.

The bill also clearly authorizes the state's risk manager to contract
with outside vendors or consultants with expertise in risk management,
claims management, or safety management. As stated before, it is a
common practice for such consultants to be paid on a percentage basis
based upon the cost savings that they generate for the State of New York
or its municipalities.

Section 2: provides for an effective date of 180 days after the bill
shall have become law.

EXISTING LAW: There is the BRIM, but this bill expands the ability of
BRIM to secure additional cost savings for the State of New York.

JUSTIFICATION: The State of New York each year faces dramatic exposure
and third-party liability both to persons under the care and custody of
the state and visitors to state premises. In 2007, the liabilities for
workers' compensation alone exceed $1.7 Billion for indemnity claims and
1.2 Billion for medical claims. Further, tort actions adjudicated in the
Court of Claims cost $82.5 million last year alone.

The expansion of a central Office of Risk Assessment and Management
would go far to determine the full extent of the State's exposure to
civil tort liability and allow the state to systemically reduce such
exposure through the integration of professional risk management proce-
dures into daily state operations.

Enactment of this measure would also bring New York State in line with a
majority of states, most larger municipalities, and most large corporate
entities that have centralized risk management procedures. Not only
will this bill help reduce the annual payments to satisfy personal and
property damage against the state, it will help to reduce personal inju-
ries sustained by State employees and members of the general public.
Further details on the need to codify and expand the responsibilities
and duties of a state-wide risk manager can be found in a report
produced by Senator. Klein entitled. "Expansion of New York State's Risk
Assessment and Management Activities" stated March 2011.

There is a growing concern that global warming may be significantly
altering weather patterns in New York State and the entire Atlantic
seaboard. Global warming may be altering weather patterns in a manner
that is instigating the increasing number of more severe and catastroph-
ic weather events in New York, especially along our coastal areas and in
farming regions of the State. These seemingly more commonly reoccurring
significant or catastrophic weather events, such as hurricanes, storm
surges, ice storms, floods and droughts are imposing substantial new
costs to operate State and local governments, to reconstruct after such
events, and are significantly damaging the State's economy both on a
state-wide and localized basis. The institution of a formal risk manage-
ment program in New York should help our state & local governments
anticipate damages caused by such potential future severe weather
events. Further, it can help our State's economy to anticipate such
changes in weather patterns, to mitigate damage to such economy, and
channel new growth into new industries in a manner that is consistent
with potential future weather patterns.

LEGISLATIVE HISTORY: 2012 - S. 1029-A - REFERRED TO FINANCE 2010 -S.6885
- REFERRED TO FINANCE

FISCAL IMPLICATIONS: No initial cost to the State and in future years,
there will be sizable savings in state costs for injuries sustained to
persons and property. In financing the work of the new risk manager,
many other states and municipal governments appoint an experienced risk
management company to conduct the work of risk management and assess-
ment. The funds needed to support such risk manager's work is received
from a percentage of money that the risk manager saves the participating
state or municipality. Preliminary estimates are that this bill will
reduce state costs by $150 Million in the first year.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 180 days after its enactment into law.

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

                                  2326

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN, ADDABBO, CARLUCCI, SAVINO, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Finance

AN  ACT  to  amend  the  executive  law, in relation to establishing the
  office of risk assessment and management

  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 article 10-A
to read as follows:
                               ARTICLE 10-A
                OFFICE OF RISK ASSESSMENT AND MANAGEMENT
SECTION 204. DEFINITIONS.
        205. OFFICE OF RISK ASSESSMENT AND MANAGEMENT; QUALIFICATIONS OF
               RISK MANAGER.
        206. FUNCTIONS AND DUTIES OF THE OFFICE.
        207. BOARD OF RISK ASSESSMENT AND MANAGEMENT.
  S 204. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "ENTERPRISE RISK MANAGEMENT" SHALL MEAN A STRATEGIC DISCIPLINE THAT
SUPPORTS THE ACHIEVEMENT OF THE STATE'S  OBJECTIVES  BY  ADDRESSING  THE
FULL  SPECTRUM  OF  ITS  RISKS  AND MANAGES THE COMBINED IMPACT OF THOSE
RISKS AS AN INTERRELATED RISK PORTFOLIO.
  2. "LOCAL GOVERNMENT" SHALL MEAN  ANY  COUNTY,  CITY,  TOWN,  VILLAGE,
SUPERVISORY   DISTRICT,  SCHOOL  DISTRICT,  FIRE  DISTRICT,  IMPROVEMENT
DISTRICT OR SPECIAL DISTRICT.
  3. "OFFICE" SHALL MEAN THE OFFICE OF RISK  ASSESSMENT  AND  MANAGEMENT
ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FIVE OF THIS ARTICLE.
  4. "RISK MANAGER" SHALL MEAN THE RISK MANAGER OF THE OFFICE.
  5.  "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, DIVISION, BOARD, COMMIS-
SION, BUREAU, OFFICE OR OTHER AGENCY OF THE STATE.
  S 205. OFFICE OF RISK ASSESSMENT  AND  MANAGEMENT;  QUALIFICATIONS  OF
RISK MANAGER. 1. THERE SHALL BE ESTABLISHED WITHIN THE OFFICE OF GENERAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04372-01-3

S. 2326                             2

SERVICES,  AN  OFFICE  OF RISK ASSESSMENT AND MANAGEMENT. THERE SHALL BE
APPOINTED BY THE COMMISSIONER OF GENERAL SERVICES THE  RISK  MANAGER  OF
THE  OFFICE,  WHO  SHALL  BE  CHARGED WITH THE DUTY OF ADMINISTERING THE
OFFICE.  THE  COMMISSIONER OF GENERAL SERVICES SHALL FIX COMPENSATION OF
THE RISK MANAGER WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
  2. THE RISK MANAGER SHALL HAVE THE FOLLOWING QUALIFICATIONS:
  (A) AN UNDERSTANDING  OF  AND  THE  ABILITY  TO  APPLY  THE  GENERALLY
ACCEPTED PRINCIPLES, STANDARDS AND TECHNIQUES UTILIZED FOR THE IDENTIFI-
CATION, ASSESSMENT AND MANAGEMENT OF ENTERPRISE RISK; AND
  (B)  SUFFICIENT  EXPERIENCE  IN  IDENTIFYING,  ASSESSING  AND MANAGING
ENTERPRISE RISK EXPOSURES THAT PRESENT THE BREADTH AND LEVEL OF COMPLEX-
ITY OF ISSUES THAT CAN REASONABLY BE EXPECTED TO BE  RAISED  DURING  THE
COURSE OF STATE OPERATIONS.
  3.  EVERY  RISK MANAGER SHALL HAVE ACQUIRED HIS OR HER QUALIFICATIONS,
AS REQUIRED BY SUBDIVISION TWO  OF  THIS  SECTION,  THROUGH  APPROPRIATE
EDUCATION AND RELEVANT RISK MANAGEMENT EXPERIENCE ON BEHALF OF A COMMER-
CIAL OR GOVERNMENTAL ORGANIZATION.
  S  206.  FUNCTIONS  AND  DUTIES  OF THE OFFICE. 1. THE FUNCTION OF THE
OFFICE SHALL BE:
  (A) TO DETERMINE THE POTENTIAL EXPOSURE OF THE STATE TO LIABILITY  AND
FINANCIAL  LOSS ARISING FROM ITS ACTS AND OMISSIONS, FROM THE OWNERSHIP,
CONTROL OR USE OF ITS REAL AND PERSONAL PROPERTY, OR CONDUCT OR  ACTIONS
OF ITS EMPLOYEES OR AGENTS;
  (B)  TO  ESTABLISH  AND  COORDINATE  BUSINESS  CONTINUITY PROGRAMS FOR
ESSENTIAL STATE FUNCTIONS AND SERVICES;
  (C) TO IMPLEMENT RISK MANAGEMENT PROGRAMS TO MANAGE THE STATE'S  EXPO-
SURE TO RISK IN THE MOST COST EFFECTIVE MANNER INCLUDING, BUT NOT LIMIT-
ED  TO,  PROGRAMS  TO  REDUCE  THE LIKELIHOOD AND POTENTIAL COST OF LOSS
EVENTS, AND THE PURCHASE OF INSURANCE OR OTHER RISK SHARING ARRANGEMENTS
WHERE APPROPRIATE; AND
  (D) TO COORDINATE AND SUPPORT THE  RISK  MANAGEMENT  PROGRAMS  OF  ALL
STATE AGENCIES.
  2.  THE  RISK  MANAGER  AND  OFFICE  SHALL FULFILL THEIR FUNCTIONS AND
DUTIES BY:
  (A) CONDUCTING A STUDY OF THE STATE'S RISK  EXPOSURES  ON  AN  ONGOING
BASIS. SUCH STUDY SHALL INCLUDE:
  (I)  PRACTICES  AND  PROCEDURES OF ALL STATE AGENCIES, AS THEY PERTAIN
TO, IMPACT UPON, CAUSE OR DETER DAMAGE OR  LOSS  TO:  PHYSICAL  PROPERTY
OWNED  OR  CONTROLLED  BY  THE  STATE, OR PHYSICAL INJURIES SUSTAINED BY
STATE EMPLOYEES, PERSONS RECEIVING SERVICES FROM THE STATE OR MEMBERS OF
THE GENERAL PUBLIC;
  (II) THE ACTIONS, CLAIM SETTLEMENTS, AND CLAIMS  SETTLEMENT  PROCESSES
RELATED  TO  ACTIONS  IN  THE  COURT OF CLAIMS, AND IN FEDERAL AND STATE
COURTS OF COMPETENT JURISDICTIONS AS THEY RELATE TO THE  DISPOSITION  OF
MATTERS  AGAINST  THE STATE. FURTHERMORE, FOR THE PURPOSE OF DETERMINING
PAST, PRESENT AND FUTURE EXPOSURES TO LIABILITY, THE NATURE  AND  MAGNI-
TUDE  OF  SUCH  EXPOSURES,  AND  THE TECHNIQUES FOR REDUCING THE COST OF
MANAGING AND SETTLING CLAIMS ARISING FROM SUCH EXPOSURES;
  (III) THE ESSENTIAL OPERATIONS AND SERVICE FUNCTIONS OF THE STATE, AND
THE PROCEDURES NECESSARY TO MAINTAIN  OR  RESTORE  SUCH  OPERATIONS  AND
FUNCTIONS TO THE REQUIRED LEVEL FOLLOWING AN EMERGENCY EVENT;
  (IV)  THE  POTENTIAL  FUTURE  LIABILITIES  ARISING  FROM  EXISTING  OR
PROPOSED STATE OPERATIONS OR FUNCTIONS;
  (V) THE PREPARATION OF AN INVENTORY OF  ALL  REAL  PROPERTY  OWNED  OR
LEASED, FOR A PERIOD OF TIME OF MORE THAN FIVE YEARS, BY ALL STATE AGEN-

S. 2326                             3

CIES,  AND  TO  ASCERTAIN  PAST,  PRESENT AND POTENTIAL FUTURE LIABILITY
EXPOSURES AND THE NATURE OF THOSE EXPOSURES; AND
  (VI) THE DESIGN AND IMPLEMENTATION OF APPROPRIATE COST EFFECTIVE TECH-
NIQUES  AND  PROGRAMS  TO  REDUCE  THE  COST  OF THE STATE'S EXPOSURE TO
LIABILITY AND FINANCIAL LOSS ARISING FROM ITS OPERATIONS OR  THE  OWNER-
SHIP, CONTROL OR USE OF REAL AND PERSONAL PROPERTY, INCLUDING RECOMMEND-
ING STEPS AND PROCEDURES TO BE IMPLEMENTED BY INDIVIDUAL STATE AGENCIES.
  THE  RISK  MANAGER,  IN THE PERFORMANCE OF SUCH STUDY, SHALL ENJOY THE
FULL COOPERATION AND ASSISTANCE OF  STATE  AGENCIES  AND  THE  COURT  OF
CLAIMS; AND
  (B)  RECOMMENDING AND IMPLEMENTING THE APPROPRIATE RISK MANAGEMENT AND
BUSINESS CONTINUITY PROGRAMS AS SHALL BE NECESSARY.
  3. SUCH STUDY AND RECOMMENDATIONS SHALL BE COMPLETED AND SENT  TO  THE
GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, EXECUTIVE OFFICER OF EACH STATE
AGENCY  INCLUDED  THEREIN, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
THE ASSEMBLY, MINORITY LEADER OF THE SENATE AND MINORITY LEADER  OF  THE
ASSEMBLY  NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS
ARTICLE.  THE STUDY AND RECOMMENDATIONS SHALL BE REVISED AND UPDATED  AS
IS PERIODICALLY DEEMED APPROPRIATE BY THE RISK MANAGER; PROVIDED, HOWEV-
ER, THAT SUCH STUDY AND RECOMMENDATIONS SHALL BE REVISED AND UPDATED NOT
LESS THAN ONCE EVERY FIVE YEARS.
  4. THE OFFICE SHALL ADVISE THE VARIOUS STATE AGENCIES ON PROPER ENTER-
PRISE  RISK MANAGEMENT TECHNIQUES AND PROCEDURES, AND THE IMPLEMENTATION
THEREOF, FOR THE PURPOSE OF REDUCING EXPOSURES TO LIABILITY  AND  FINAN-
CIAL  LOSS,  OR  THE  DISRUPTION OF ESSENTIAL STATE OPERATIONS AND FUNC-
TIONS, AS WELL AS ALL RESPONSIBILITIES  AND  DUTIES  OF  THE  BUREAU  OF
INSURANCE  IN THE OFFICE OF GENERAL SERVICES. THOSE AGENCIES INVOLVED IN
OR RESPONSIBLE FOR THE CONSTRUCTION  OR  MAINTENANCE  OF  STRUCTURES  OR
ROADWAYS,  THE  CARE AND CUSTODY OF PERSONS MORE THAN IN TEMPORARY QUAR-
TERS, THE PROVISION OF SERVICES OF THE GENERAL PUBLIC, AND  THOSE  AGEN-
CIES WITH VEHICLES ASSIGNED FOR THEIR USE, SHALL UNDERGO DETAILED ENTER-
PRISE  RISK  MANAGEMENT ANALYSIS AND, WHEREVER PRACTICABLE AND AFTER THE
AGENCY IS GRANTED AN OPPORTUNITY TO REVIEW AND APPEAL THE  FINDINGS  AND
RECOMMENDATIONS  OF  SUCH ANALYSIS, IMPLEMENT THE RECOMMENDATIONS OF THE
RISK MANAGER WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE THAT SUCH RECOM-
MENDATIONS ARE AGREED TO BY THE EXECUTIVE OFFICER OF SUCH AGENCY.
  5. THE RISK MANAGER SHALL FILE AN ANNUAL REPORT ON THE  ACTIVITIES  OF
THE  OFFICE  WITH THE GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, THE  MINORITY  LEADERS
OF  THE  SENATE AND ASSEMBLY, SENATE FINANCE COMMITTEE AND ASSEMBLY WAYS
AND MEANS COMMITTEE, NO LATER THAN ONE HUNDRED  EIGHTY  DAYS  AFTER  THE
COMPLETION OF THE CALENDAR YEAR TO WHICH THE REPORT REFERS.
  6.  ANY  PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR LOCAL GOVERN-
MENT MAY CONTRACT FOR THE SERVICES OF THE RISK MANAGER AND THE OFFICE IN
THE EVENT THAT SUCH PUBLIC  BENEFIT  CORPORATION,  PUBLIC  AUTHORITY  OR
LOCAL GOVERNMENT IS WITHOUT INTERNAL RISK ASSESSMENT AND ENTERPRISE RISK
MANAGEMENT SERVICES, OR WISHES TO SUPPLEMENT SUCH INTERNAL SERVICES WITH
THE SERVICES PROVIDED BY THE RISK MANAGER AND THE OFFICE.
  7.  THE  RISK  MANAGER MAY REVIEW, STUDY AND ENTER INTO A RELATIONSHIP
WITH: (A) OUTSIDE VENDORS OR CONSULTANTS WITH EXPERTISE IN RISK  MANAGE-
MENT,  CLAIMS MANAGEMENT OR SAFETY MANAGEMENT, AND (B) CAPTIVE INSURANCE
COMPANIES, AS DEFINED IN SUBSECTION (C) OF SECTION SEVEN THOUSAND TWO OF
THE INSURANCE LAW, OR OTHER RISK SHARING  ENTITIES  TO  REDUCE  PERSONAL
INJURY  OR  PROPERTY  DAMAGE LIABILITY CLAIMS AND PAYMENTS, EITHER ON AN
ANNUAL BASIS OR OVER A LONGER PERIOD OF TIME, FOR ALL STATE AGENCIES, OR

S. 2326                             4

AN INDIVIDUAL STATE AGENCY, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY
OR LOCAL GOVERNMENT.
  S  207.    BOARD OF RISK ASSESSMENT AND MANAGEMENT. 1. THERE IS HEREBY
ESTABLISHED, WITHIN THE OFFICE, A STATE BOARD  OF  RISK  ASSESSMENT  AND
MANAGEMENT.  THE BOARD, TO BE COMPRISED OF THE RISK MANAGER, THE COMMIS-
SIONER OF GENERAL SERVICES, THE CHAIR OF THE STATE INSURANCE  FUND,  THE
PRESIDENT  OF  THE  STATE  CIVIL SERVICE COMMISSION, THE DIRECTOR OF THE
OFFICE OF EMPLOYEE RELATIONS, THE DIRECTOR OF THE DIVISION OF THE  BUDG-
ET,  AND  A  REPRESENTATIVE OF EACH OF THE PUBLIC EMPLOYEE ORGANIZATIONS
WITH THE THREE LARGEST MEMBERSHIPS. SUCH BOARD SHALL MEET QUARTERLY  FOR
THE  PURPOSE  OF EXAMINING CURRENT METHODS OF ENTERPRISE RISK MANAGEMENT
AND CONTROL DEPLOYED BY THE STATE, AND REVIEW INSTANCES OF DIFFICULTY IN
DEPLOYING SOUND RISK ASSESSMENT AND ENTERPRISE  RISK  MANAGEMENT  PROCE-
DURES.
  2. A SUMMARY OF THE PROCEEDINGS OF THE BOARD, WITH RECOMMENDATIONS FOR
IMPROVEMENT  OF  THE  STATE'S  RISK MANAGEMENT PRACTICES AND PROCEDURES,
SHALL BE INCLUDED IN THE ANNUAL REPORT OF THE  RISK  MANAGER.  THE  RISK
MANAGER  SHALL  TAKE INTO CONSIDERATION THE RECOMMENDATIONS PERIODICALLY
MADE BY THE BOARD IN CONDUCTING HIS OR HER MANAGEMENT AND  ABATEMENT  OF
POTENTIAL LIABILITY ACTIVITIES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, except that any rules and regulations neces-
sary  for  the  timely  implementation of this act on its effective date
shall be promulgated on or before such date.

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