[ ] is old law to be omitted.
LBD08888-01-9
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and safer bike lanes and multiple use trails so as to encourage more
physical activity and to reduce carbon emissions (Part P); to amend
the parks, recreation and historic preservation law, in relation to
directing the office of parks, recreation and historic preservation to
develop more and safer multiple use trails in state parks in and
throughout the state (Part Q); and to amend the agriculture and
markets law, in relation to the expansion of regional farmers' markets
(Part R)
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".
§ 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 R. 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. Subdivision 1 of section 206 of the public health law is
amended by adding a new paragraph (w) to read as follows:
(W) (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" MAY INCLUDE THE FOLLOWING, PER STANDARD
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) THE COMMISSIONER MAY ESTABLISH A VOLUNTARY ARTIFICIAL TRANS FAT
REDUCTION PROGRAM. SUCH PROGRAM MAY CONSIST OF, BUT SHALL NOT BE LIMITED
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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.
(III)(A) BY RULE OR REGULATION, MAY REQUIRE EVERY FOOD SERVICE FACILI-
TY 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.
§ 2. This act shall take effect one year after it shall have become a
law. Effective immediately the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.
PART B
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.
§ 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY APPROPRIATE HEALTH
CARE PROVIDER AND PREGNANCY PROGRAM IS ENCOURAGED TO DISTRIBUTE INFORMA-
TION ON THE ADVERSE EFFECTS OF SMOKING DURING PREGNANCY FOR BOTH FIRST-
HAND AND SECONDHAND SMOKE. SUCH ADVERSE EFFECTS TO THE INFANT INCLUDE
LOWER BIRTH RATES, HIGHER INCIDENCE OF ASTHMA AND OBESITY, AND COGNITIVE
AND DEVELOPMENTAL DAMAGE.
2. EVERY HEALTH CARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING
STATUSES AND OFFER CONTINUOUS TAILORED DISCUSSION OF QUITTING SMOKING
WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.
§ 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 DIAPER COUPONS FOR QUITTING FOR MORE
THAN FOUR WEEKS.
§ 2. This act shall take effect on the one hundred eightieth 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 are authorized to be made and
completed on or before such date.
PART C
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:
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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
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.
§ 2. This act shall take effect immediately.
PART D
Section 1. Paragraphs (a) and (g) of subdivision 2 of section 2599-b
of the public health law, as amended by section 1 of part A of chapter
469 of the laws of 2015, are amended to read as follows:
(a) developing media health promotion campaigns, IN COORDINATION WITH
THE PUBLIC INFORMATION PROVIDED PURSUANT TO SECTION TWENTY-FIVE
HUNDRED-L 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;
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(g) developing screening programs, IN ACCORDANCE WITH SECTION TWENTY-
FIVE HUNDRED-L 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
§ 2. This act shall take effect immediately.
PART E
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:
§ 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-L 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-L 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.
§ 2. This act shall take effect immediately.
PART F
Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section
2411 of the public health law, as amended by section 5 of part A of
chapter 60 of the laws of 2014, are amended to read as follows:
(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
A. 5322 6
cancer research, OR ADULT AND CHILDHOOD OBESITY, ASTHMA, CHRONIC BRON-
CHITIS 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 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 cancer research projects, AND ADULT AND
CHILDHOOD OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIR-
ATORY DISEASE RESEARCH PROJECTS that are currently being conducted and
recommendations for future research projects;
§ 2. The public health law is amended by adding a new section 2500-l
to read as follows:
§ 2500-L. 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-
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,
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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.
§ 3. This act shall take effect immediately.
PART G
Section 1. The education law is amended by adding a new section 923
to read as follows:
§ 923. 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.
§ 2. This act shall take effect on the one hundred eightieth 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 are authorized to be made and
completed on or before such date.
PART H
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Section 1. The state finance law is amended by adding a new section
91-g to read as follows:
§ 91-G. 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-L 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.
§ 2. This act shall take effect immediately.
PART I
Section 1. 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 LEVELS OF PHYSICAL ACTIVITY AND NUTRI-
TIONAL OFFERINGS TO ENCOURAGE HEALTHY EATING AND LIVING HABITS TO HELP
LOWER THE INCIDENCE OF CHILDHOOD OBESITY AND TO PROMOTE OVERALL WELLNESS
(VI) minimum standards for sanitation, health, infection control, nutri-
tion, buildings and equipment, safety, security procedures, first aid,
fire prevention, fire safety, evacuation plans and drills, prevention of
child abuse and maltreatment, staff qualifications and training, record
keeping, and child behavior management.
§ 2. 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 DISCOURAGE ACTIVITIES
RELATED TO BREAST FEEDING A CHILD OR FEEDING A CHILD WHO IS FED WITH
EXPRESSED BREAST MILK.
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§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
PART J
Section 1. Subdivision 1 of section 414 of the education law is
amended by adding a new paragraph (l) to read as follows:
(L) FOR BONA FIDE AFTER-SCHOOL PROGRAMS OPERATED BY A NOT-FOR-PROFIT
OR CHARITABLE ORGANIZATION. SUCH PROGRAMS SHALL PRESENT SOME FORM OF
EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCA-
TION.
§ 2. Subdivision 2 of section 414 of the education law, as amended by
chapter 513 of the laws of 2005, is amended to read as follows:
2. The trustees or board of education shall determine the terms and
conditions for such use which may include rental at least in an amount
sufficient to cover all resulting expenses for the purposes of para-
graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
of this section. FOR THE PURPOSES OF PARAGRAPH (1) OF SUBDIVISION ONE OF
THIS SECTION, THE TRUSTEES OR BOARD OF EDUCATION MAY PROVIDE THAT EITHER
NO FEE OR A MINIMAL FEE BE IMPOSED UPON THE NOT-FOR-PROFIT OR CHARITABLE
ORGANIZATION. Any such use, pursuant to [paragraphs] PARAGRAPH (a), (c),
(d), (h) [and], (j) OR (L) of subdivision one of this section, shall not
allow the exclusion of any district child solely because said child is
not attending a district school or not attending the district school
which is sponsoring such use or on which grounds the use is to occur.
§ 3. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:
27. Promulgate regulations, in conjunction with each community super-
intendent, establishing a plan for providing access to school facilities
in each community school district, when not in use for school purposes,
in accordance with the provisions of section four hundred fourteen of
this chapter. Such plan shall set forth a reasonable system of fees not
to exceed the actual costs and specify that no part of any fee shall
directly or indirectly benefit or be deposited into an account which
inures to the benefit of the custodians or custodial engineers.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, SUCH PLAN MAY PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE
SHALL BE CHARGED FOR THE USE OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR
CHARITABLE ORGANIZATION. THE USE OF SUCH FACILITIES SHALL ONLY BE FOR
BONA FIDE AFTER-SCHOOL PROGRAMS THAT PRESENT SOME FORM OF EDUCATIONAL
INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCATION.
§ 4. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 720 of the laws of 1996, is amended to read as follows:
27. Develop, in conjunction with each community superintendent, a plan
for providing access to school facilities in each community school
district, when not in use for school purposes, in accordance with the
provisions of section four hundred fourteen of this chapter. Such plan
shall set forth a reasonable system of fees not to exceed the actual
costs and specify that no part of any fee shall directly or indirectly
benefit or be deposited into an account which inures to the benefit of
the custodians or custodial engineers. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, SUCH PLAN MAY
PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE USE
A. 5322 10
OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. THE
USE OF SUCH FACILITIES SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS
THAT PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL,
OR PROMOTE PHYSICAL EDUCATION.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the amendments to subdivision
27 of section 2590-h of the education law, made by section three of this
act, shall be subject to the expiration and reversion of such section,
pursuant to subdivision 12 of section 17 of chapter 345 of the laws of
2009, as amended, when upon such date the provisions of section four of
this act shall take effect.
PART K
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:
§ 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.
§ 2. Section 912 of the education law, as amended by chapter 477 of
the laws of 2004, is amended to read as follows:
§ 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
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
A. 5322 11
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.
§ 3. This act shall take effect immediately.
PART L
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:
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 SIXTY
MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY PROVIDE FOR A TWO-YEAR
PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMENTARY SCHOOLS IN
ITS RULES.
§ 2. The section heading and subdivisions 1 and 2 of section 804 of
the education law, the section heading and subdivision 2 as amended by
chapter 390 of the laws of 2016 and subdivision 1 as amended by chapter
A. 5322 12
1 of the laws of 2017, are amended and a new subdivision 5-a is added to
read as follows:
Health education regarding mental health, alcohol, drugs, tobacco
abuse, THE REDUCTION OF THE INCIDENCE OF OBESITY and the prevention and
detection of certain cancers. 1. All schools shall ensure that their
health, SCIENCE AND PHYSICAL education programs recognize the multiple
dimensions of health by including mental health and the relation of
physical and mental health so as to enhance student understanding, atti-
tudes and behaviors that promote health, well-being and human dignity.
2. All schools shall include, as an integral part of health, SCIENCE
OR 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.
5-A. 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, OR PHYSICAL EDUCATION
COURSES.
§ 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
ABUSE, TOBACCO ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTH-
MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF CHILDHOOD
AND ADOLESCENCE.
§ 4. Section 813 of the education law, as added by chapter 296 of the
laws of 1994, is amended to read as follows:
§ 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.
§ 5. This act shall take effect immediately.
PART M
Section 1. Section 11 of the public buildings law, as added by chapter
819 of the laws of 1987 and subdivision 2 as amended by chapter 126 of
the laws of 1988, is amended to read as follows:
§ 11. Pilot program of bicycle parking facilities. 1. Legislative
finding. In recognition of the role which bicycles can serve as a valu-
able transportation mode with energy conservation, health, PHYSICAL
FITNESS and environmental benefits, it is hereby declared to be the
policy of the state that provision for adequate and safe bicycle facili-
ties including the use of present facilities for safe and secure bicycle
A. 5322 13
parking AND STORAGE be included in the planning [and], development,
CONSTRUCTION OR RECONSTRUCTION of all state facilities.
2. (a) The commissioner of general services shall undertake a [pilot]
program for THE provision and promotion of safe and secure bicycle park-
ing facilities at state office buildings FOR STATE EMPLOYEES AND VISI-
TORS AT SUCH BUILDINGS. The commissioner[, within one year of the enact-
ment of this section,] OF GENERAL SERVICES shall provide, at the
principal office buildings under his OR HER superintendence at the
Nelson A. Rockefeller Empire State Plaza in Albany[, New York], secure
bicycle parking facilities for use by employees and visitors. PROVIDED,
FURTHER, THAT THE COMMISSIONER OF GENERAL SERVICES SHALL MAKE AN INVEN-
TORY OF ALL EXISTING BICYCLE PARKING AND STORAGE FACILITIES AT ALL STATE
OFFICE BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCU-
PIES SPACE. SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED OR LEASED
BUILDINGS OR OFFICES WHICH HAVE OVER FIFTY STATE EMPLOYEES LOCATED AT
SUCH SITE OR IN WHICH THE VISITATION RATE BY THE GENERAL PUBLIC IS OVER
FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
PARKING AND STORAGE FACILITIES SHALL BE COMPLETED WITHIN TWO YEARS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN
WHICH AMENDED THIS SECTION.
(b) The commissioner OF GENERAL SERVICES is also authorized, within a
reasonable period and where feasible, to provide suitable support facil-
ities including clothing lockers, showers and changing facilities, and
to charge a reasonable use fee.
(c) For the purpose of this section, the term "bicycle parking facili-
ty" means a device or enclosure, located within a building or installa-
tion, or conveniently adjacent thereto, that is easily accessible,
clearly visible and so located as to minimize the danger of theft of
bicycles. Such a device shall consist of a parking rack, locker, or
other device constructed to enable the frame and both wheels of a bicy-
cle to be secured with ease by use of a padlock in a manner that will
minimize the risk of theft, or an enclosure which limits access to the
bicycles and is under observation by an attendant.
3. UPON COMPLETION OF A STATE OFFICE BUILDING BICYCLE PARKING AND
STORAGE FACILITIES INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, THE COMMISSIONER OF GENERAL SERVICES SHALL
DEVELOP A PLAN TO EXPAND BICYCLE PARKING AND STORAGE FACILITIES TO
ENCOURAGE THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE GENERAL
PUBLIC THAT PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC BUSINESS. SUCH
PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
PARKING AND STORAGE FACILITIES INVENTORY. SUCH PLAN SHALL CONTAIN AND
ADDRESS THE FOLLOWING ELEMENTS TO ENCOURAGE STATE EMPLOYEES AND THE
GENERAL PUBLIC TO USE BICYCLES MORE FREQUENTLY AT EACH STATE OFFICE
BUILDING FACILITY OR LEASED PREMISE:
(A) THE INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES SHALL BE
RANKED FROM HIGHEST TO LOWEST BASED ON THE EXISTING UNFULFILLED DEMAND
FOR SUCH FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING SHALL ALSO
CONSIDER INCREASED FUTURE DEMAND OR THE POTENTIAL FOR INCREASED FUTURE
DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
(B) IN URBAN SETTINGS, THERE SHALL BE A PLAN TO DEVELOP, WHERE PRACTI-
CABLE, AN AMPLE SUPPLY OF SECURE COVERED AND UNCOVERED OFF-STREET BICY-
CLE PARKING AND STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH
BICYCLES;
(C) ADEQUATE POSTING OF SUCH BICYCLE PARKING AND STORAGE FACILITIES
SHALL BE PROVIDED FOR AND PLACED AROUND SUCH STATE OFFICE BUILDING
A. 5322 14
FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
(D) A MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL PROVIDE FOR
THE DISSEMINATION OF INFORMATION TO STATE EMPLOYEES, VISITORS TO STATE
OFFICE BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS TO
USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
(E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
4. In undertaking such [pilot] program, the office OF GENERAL SERVICES
shall: (a) Consult with and cooperate with (i) [the statewide bicycle
advisory council, (ii)] the [New York state] department of transporta-
tion regional bicycle coordinator[, (iii)]; (II) local bicycle planning
groups[,]; and [(iv)] (III) persons, organizations, and groups served
by, interested in, or concerned with the area under study.
(b) Request and receive from any department, division, board, bureau,
commission or other agency of the state or any political subdivision
thereof or any public authority, any assistance and data as may be
necessary to enable the office OF GENERAL SERVICES to carry out its
responsibilities under this section.
[(c) On or before the first day of January, nineteen hundred eighty-
nine, a report shall be submitted to the governor and the legislature
which shall include a determination of usage levels, a statement outlin-
ing first year progress and the elements of a statewide plan for the
provision of such facilities.]
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE OR
THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A BUILD-
ING GOVERNED BY THIS SECTION TO PROVIDE SPACE FOR STORED BICYCLES AT
SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICYCLE TO BE
PARKED IN A MANNER THAT VIOLATES BUILDING OR FIRE CODES OR ANY OTHER
APPLICABLE LAW, RULE OR CODE, OR WHICH OTHERWISE IMPEDES INGRESS OR
EGRESS TO SUCH BUILDING.
6. THERE IS HEREBY ESTABLISHED A TEMPORARY BICYCLE COMMUTING TASK
FORCE TO EXAMINE THE DEVELOPMENT OF SUITABLE LEVELS OF BICYCLE PARKING
IN PUBLIC SPACES.
(A) SUCH TASK FORCE SHALL BE COMPRISED OF ELEVEN MEMBERS, INCLUDING
THE COMMISSIONER OF GENERAL SERVICES, THE COMMISSIONER OF TRANSPORTA-
TION, THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS
OF THE CITY OF NEW YORK AND THE COMMISSIONER OF PARKS, RECREATION AND
HISTORIC PRESERVATION OR A DESIGNEE OF ANY SUCH COMMISSIONERS. THE
REMAINING SIX MEMBERS SHALL CONSIST OF A GROUP OF MUNICIPAL PLANNERS,
BICYCLE ASSOCIATION REPRESENTATIVES, BUILDING CONTRACTORS AND ENGINEERS.
THEY SHALL BE APPOINTED AS FOLLOWS: TWO MEMBERS SHALL BE APPOINTED BY
THE TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER SHALL BE APPOINTED BY
THE MINORITY LEADER OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY; AND ONE MEMBER SHALL BE APPOINTED BY THE MINOR-
ITY LEADER OF THE ASSEMBLY.
(B) THE CHAIR OF THE TEMPORARY BICYCLE COMMUTING TASK FORCE SHALL BE
THE COMMISSIONER OF GENERAL SERVICES. MEMBERS OF THE TEMPORARY BICYCLE
COMMUTING TASK FORCE SHALL SERVE WITHOUT COMPENSATION AND SHALL MEET
WHEN DEEMED NECESSARY BY THE CHAIR.
(C) WITHIN EIGHTEEN MONTHS OF THE TEMPORARY BICYCLE COMMUTING TASK
FORCE'S ESTABLISHMENT, SUCH TASK FORCE SHALL ISSUE A REPORT TO THE
GOVERNOR AND THE LEGISLATURE. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO (I) AN ASSESSMENT OF THE DEMAND FOR BICYCLE PARKING IN PUBLIC
SPACES; (II) AN EXAMINATION OF THE MARKETING AND COMMUNITY OUTREACH
EFFORTS NEEDED TO ENCOURAGE THE USE OF BICYCLES; (III) RECOMMENDATIONS
A. 5322 15
ON ESTABLISHING PARTNERSHIPS WITH ENTITIES TO DEVELOP BICYCLE STORAGE
AND PARKING FACILITIES IN PUBLIC SPACES; AND (IV) SUGGESTIONS ON EXPAND-
ING THE OFFICE OF GENERAL SERVICES TO LOCAL MUNICIPAL AND PRIVATE OFFICE
BUILDINGS. SUCH REPORT SHALL BE POSTED ON THE WEBSITE OF EACH STATE
AGENCY THAT WAS A MEMBER OF SUCH TASK FORCE WITHIN TWENTY DAYS FROM ITS
SUBMISSION TO THE GOVERNOR. THE TEMPORARY BICYCLE COMMUTING TASK FORCE
SHALL CEASE TO EXIST THREE MONTHS AFTER THE ISSUANCE OF ITS REPORT.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART N
Section 1. Section 3231 of the insurance law, as added by chapter 501
of the laws of 1992, is amended by adding a new subsection (c-1) to read
as follows:
(C-1) SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT, AN INSURER OR
HEALTH MAINTENANCE ORGANIZATION ISSUING AN INDIVIDUAL OR GROUP HEALTH
INSURANCE POLICY PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY
APPROPRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS
APPROVED BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED WELL-
NESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND WELL-BE-
ING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE HEALTH CONSE-
QUENCES DUE TO LIFESTYLE. SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND MENTAL
WELL-BEING OF ITS PARTICIPANTS:
(1) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
(2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
ARTICLE; AND
(3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
APPROVED WELLNESS PROGRAM.
§ 2. Subsection (c) of section 3239 of the insurance law, as amended
by chapter 180 of the laws of 2016, is amended to read as follows:
(c)(1) A wellness program may use rewards and incentives for partic-
ipation provided that where the group health insurance policy or
subscriber contract is required to be community-rated, the rewards and
incentives shall not include a discounted premium rate or a rebate or
A. 5322 16
refund of premium, EXCEPT AS PROVIDED IN SECTION THREE THOUSAND TWO
HUNDRED THIRTY-ONE OF THIS ARTICLE, OR SECTION FOUR THOUSAND TWO HUNDRED
THIRTY-FIVE, FOUR THOUSAND THREE HUNDRED SEVENTEEN OR FOUR THOUSAND
THREE HUNDRED TWENTY-SIX OF THIS CHAPTER, OR SECTION FORTY-FOUR HUNDRED
FIVE OF THE PUBLIC HEALTH LAW.
(2) Permissible rewards and incentives may include:
(A) full or partial reimbursement of the cost of participating in
smoking cessation, weight management, stress and/or hypertension, worker
injury prevention, nutrition education, substance or alcohol abuse
cessation, or chronic pain management and coping programs;
(B) full or partial reimbursement of the cost of membership in a
health club or fitness center;
(C) the waiver or reduction of copayments, coinsurance and deductibles
for preventive services covered under the group policy or subscriber
contract;
(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;
(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.
(3) Where the reward involves a group member's meeting a specified
standard based on a health condition, the wellness program must meet the
requirements of 45 CFR Part 146.
(4) A reward or incentive which involves a discounted premium rate or
a rebate or refund of premium shall be based on actuarial demonstration
that the wellness program can reasonably be expected to result in the
overall good health and well being of the group AS PROVIDED IN SECTION
THREE THOUSAND TWO HUNDRED THIRTY-ONE OF THIS ARTICLE, SECTIONS FOUR
THOUSAND TWO HUNDRED THIRTY-FIVE, FOUR THOUSAND THREE HUNDRED SEVENTEEN
AND FOUR THOUSAND THREE HUNDRED TWENTY-SIX OF THIS CHAPTER, AND SECTION
FORTY-FOUR HUNDRED FIVE OF THE PUBLIC HEALTH LAW.
§ 3. Subsection (h) of section 4235 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
(5) EACH INSURER DOING BUSINESS IN THIS STATE, WHEN FILING WITH THE
SUPERINTENDENT ITS SCHEDULES OF PREMIUM RATES, RULES AND CLASSIFICATION
OF RISKS FOR USE IN CONNECTION WITH THE ISSUANCE OF ITS POLICIES OF
GROUP ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE, MAY
PROVIDE FOR AN ACTUARIALLY APPROPRIATE REDUCTION IN PREMIUM RATES OR
OTHER BENEFITS OR ENHANCEMENTS APPROVED BY THE SUPERINTENDENT TO ENCOUR-
AGE AN ENROLLEE'S OR INSURED'S ACTIVE PARTICIPATION IN A QUALIFIED WELL-
NESS PROGRAM. A QUALIFIED WELLNESS PROGRAM CAN BE A RISK MANAGEMENT
SYSTEM THAT IDENTIFIES AT-RISK POPULATIONS OR ANY OTHER SYSTEMATIC
PROGRAM OR COURSE OF MEDICAL CONDUCT WHICH HELPS TO PROMOTE PHYSICAL AND
MENTAL FITNESS, HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE THE
CONDITIONS OF ACUTE OR CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINI-
MIZES ADVERSE HEALTH CONSEQUENCES DUE TO LIFESTYLE. SUCH A WELLNESS
PROGRAM MAY HAVE SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE
PHYSICAL HEALTH AND MENTAL WELL-BEING OF ITS PARTICIPANTS:
(A) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
A. 5322 17
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
(B) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
CHAPTER; AND
(C) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
APPROVED WELLNESS PROGRAM.
§ 4. Section 4317 of the insurance law is amended by adding a new
subsection (c-1) to read as follows:
(C-1) SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT, AN INSURER OR
HEALTH MAINTENANCE ORGANIZATION ISSUING AN INDIVIDUAL OR GROUP HEALTH
INSURANCE CONTRACT PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARI-
ALLY APPROPRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR
ENHANCEMENTS APPROVED BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S
OR INSURED'S ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A
QUALIFIED WELLNESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTI-
FIES AT-RISK POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF
MEDICAL CONDUCT WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS,
HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF
ACUTE OR CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE
HEALTH CONSEQUENCES DUE TO LIFESTYLE. SUCH A WELLNESS PROGRAM MAY HAVE
SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND
MENTAL WELL-BEING OF ITS PARTICIPANTS:
(1) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
(2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
CHAPTER; AND
(3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
APPROVED WELLNESS PROGRAM.
§ 5. Subsection (m) of section 4326 of the insurance law is amended by
adding a new paragraph 4 to read as follows:
A. 5322 18
(4) APPROVAL OF THE SUPERINTENDENT, AN INSURER OR HEALTH MAINTENANCE
ORGANIZATION ISSUING A CONTRACT FOR QUALIFYING SMALL EMPLOYERS OR INDI-
VIDUALS PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY APPRO-
PRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS
APPROVED BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED WELL-
NESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND WELL-BE-
ING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE HEALTH CONSE-
QUENCES DUE TO LIFESTYLE. SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND MENTAL
WELL-BEING OF ITS PARTICIPANTS:
(I) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
(II) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER
ENCOURAGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING
ACTIVITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS,
AS PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
CHAPTER; AND
(III) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK
HIS OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE
AND MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN
THE GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
APPROVED WELLNESS PROGRAM.
§ 6. Section 4405 of the public health law is amended by adding a new
subdivision 5-a to read as follows:
5-A. SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT OF FINANCIAL
SERVICES, THE POSSIBLE PROVIDING OF AN ACTUARIALLY APPROPRIATE REDUCTION
IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS APPROVED BY THE
SUPERINTENDENT OF FINANCIAL SERVICES TO ENCOURAGE AN ENROLLEE'S ACTIVE
PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED WELLNESS
PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK POPU-
LATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND WELL-BE-
ING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE HEALTH CONSE-
QUENCES DUE TO LIFESTYLE. SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND MENTAL
WELL-BEING OF ITS PARTICIPANTS:
(1) AN EDUCATION PROGRAM TO INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
WARNS ABOUT RISKS OF PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
A. 5322 19
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
(2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THE
INSURANCE LAW; AND
(3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC OUTCOMES AS A
RESULT OF AN ENROLLEE'S ADHERENCE TO THE APPROVED WELLNESS PROGRAM;
§ 7. This act shall take effect on the one hundred eightieth 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 are authorized to be made and
completed on or before such date.
PART O
Section 1. Section 31-f of the agriculture and markets law, as added
by chapter 528 of the laws of 2013, is amended to read as follows:
§ 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
community garden movement continues to provide low cost food that is
fresh and nutritious for those who may be unable to readily afford OR
HAVE EASY ACCESS TO 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, establishes a safe place for community involvement and helps
to reduce the incidence of crime, engenders a closer relationship
between urban residents, nature and their local environment, and fosters
green job training and ecological education at all levels. It is there-
fore the intent of the legislature 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.
§ 2. Paragraph f of subdivision 2 of section 31-h of the agriculture
and markets law, as added by chapter 528 of the laws of 2013, is amended
to read as follows:
f. Assist, support and encourage communication, and the sharing of
resources between community garden organizations, THE DEPARTMENT OF
HEALTH, THE DEPARTMENT OF STATE, THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL and the New York Harvest For New York Kids Week program estab-
lished by the department pursuant to subdivision five-b of section
A. 5322 20
sixteen of this chapter, and individual farm-to-school and school garden
programs.
§ 3. Paragraph (a) of subdivision 4 of section 31-j of the agriculture
and markets law, as amended by chapter 154 of the laws of 2015, is
amended to read as follows:
(a) The goals of the task force may include, but are not limited to,
the study, evaluation and development of recommendations: (i) to encour-
age the establishment and expansion of community gardens by state agen-
cies, municipal governments and private parties, (ii) to encourage coop-
eration between the activities and operations of community gardens and
provision of donated food to local voluntary food assistance programs
for the poor and disadvantaged, (iii) to increase the benefits that
community gardens may provide to the local community in which they are
located, [and] (iv) to encourage cooperation with community-based organ-
izations to increase the opportunities for seniors, those aged sixty
years of age or older, to participate in community gardens, AND (V) TO
ENCOURAGE THE EXPANSION OF THE PRODUCTION OF FRESH FRUITS AND VEGETABLES
IN AREAS SERVED BY COMMUNITY GARDENS SO THAT SUCH FRESH PRODUCE CAN BE
CONSUMED LOCALLY TO HELP ENCOURAGE HEALTHIER LIFE STYLES AND WELLNESS,
AND TO HELP REDUCE THE INCIDENCE OF ADULT AND CHILDHOOD OBESITY.
§ 4. This act shall take effect immediately.
PART P
Section 1. Subdivision 4 of section 28-a of the general city law is
amended by adding a new paragraph (j-1) to read as follows:
(J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
AND REDUCE CARBON EMISSIONS.
§ 2. Subdivision 3 of section 272-a of the town law is amended by
adding a new paragraph (j-1) to read as follows:
(J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
AND REDUCE CARBON EMISSIONS.
§ 3. Subdivision 3 of section 7-722 of the village law is amended by
adding a new paragraph (j-1) to read as follows:
(J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
AND REDUCE CARBON EMISSIONS.
§ 4. Subdivision 1 of section 239-d of the general municipal law is
amended by adding a new paragraph (j-1) to read as follows:
(J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
AND REDUCE CARBON EMISSIONS.
§ 5. Subdivision (b) of section 331 of the highway law, as added by
chapter 398 of the laws of 2011, is amended to read as follows:
(b) Complete street design features are roadway design features that
accommodate and facilitate convenient access and mobility by all users,
including current and projected users, particularly pedestrians, bicy-
clists and individuals of all ages and abilities ENGAGED IN PHYSICAL
ACTIVITY. These features may include, but need not be limited to: side-
walks, paved shoulders suitable for use by bicyclists AND PEDESTRIANS,
lane striping, bicycle lanes, MULTIPLE USE TRAILS, share the road
signage, crosswalks, road diets, pedestrian control signalization, bus
pull outs, curb cuts, raised crosswalks and ramps and traffic calming
A. 5322 21
measures; and recognize that the needs of users of the road network vary
according to a rural, urban and suburban context.
§ 6. This act shall take effect immediately.
PART Q
Section 1. Subdivision 10 of section 3.09 of the parks, recreation and
historic preservation law is amended to read as follows:
10. Encourage, promote and provide recreational opportunities for
residents of urban as well as suburban and rural areas, WHICH MAY
INCLUDE, BUT NOT BE LIMITED TO, THE DEVELOPMENT OF MORE AND SAFER MULTI-
PLE USE TRAILS IN STATE PARKS AND THROUGHOUT THE STATE SO AS TO ENCOUR-
AGE MORE PHYSICAL ACTIVITY.
§ 2. This act shall take effect immediately.
PART R
Section 1. Section 284 of the agriculture and markets law is amended
by adding a new subdivision 10 to read as follows:
10. DEVELOPMENT AND FACILITATION OF THE ESTABLISHMENT OF REGIONAL
FARMERS' MARKETS TO PROMOTE THE DIRECT MARKETING OF FARM AND FOOD
PRODUCTS ON A WHOLESALE OR BULK SALES BASIS TO LARGE VOLUME PURCHASERS
OF FARM AND FOOD PRODUCTS. SUCH REGIONAL FARMERS' MARKETS SHOULD BE,
WHENEVER POSSIBLE, LOCATED IN AREAS THAT HAVE POOR CONSUMER ACCESS TO
HIGH QUALITY AND REASONABLY PRICED FOOD AND FARM PRODUCTS OR FOOD
DESERTS; OR WHICH WOULD SELL TO OR CATER TO THE NEEDS OF RETAILERS OR
BULK PURCHASERS OF FOOD AND FARM PRODUCTS THAT ARE LOCATED IN AREAS THAT
HAVE POOR CONSUMER ACCESS TO HIGH QUALITY AND REASONABLY PRICED FOOD AND
FARM PRODUCTS OR FOOD DESERTS. THE DEPARTMENT IS AUTHORIZED TO WORK IN
COOPERATION WITH THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION FOR
THE PURPOSES OF THIS SUBDIVISION AND SECTION SIXTEEN-M OF THE NEW YORK
STATE URBAN DEVELOPMENT CORPORATION ACT.
§ 2. This act shall take effect immediately.
§ 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.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through R of this act shall be
as specifically set forth in the last section of such Parts.