Assembly Bill A136A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    136
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. CRUZ, STERN, BURDICK, SIMON, DARLING, McDONOUGH,
   SILLITTI -- read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law,  in  relation  to  homeowner  natural
   disaster preparedness, home safety and loss prevention courses

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs 3 and 4 of paragraph (a) and paragraph (d) of
 subsection 5 of section 2346 of the insurance law, as added by section 2
 of part BB of chapter 54 of the laws of 2016,  are  amended  and  a  new
 paragraph (e) is added to read as follows:
   (3)  "Homeowner  natural  disaster  preparedness, home safety and loss
 prevention course" means a natural disaster  preparedness,  home  safety
 and loss prevention course that has been submitted to the superintendent
 for  [their  information and review] APPROVAL by an applicant, AND WHICH
 HAS BEEN APPROVED BY THE SUPERINTENDENT, PURSUANT TO  PARAGRAPH  (D)  OF
 THIS  SUBSECTION.  Such course [may] SHALL provide useful information to
 participants on items including, but not limited to: courses  of  action
 that  can  be taken before, during and after the occurrence of a natural
 disaster, strategies to reduce  risk  exposure  to  insured  residential
 property  owners  and renters, and information about the installation of
 equipment, devices or other capital improvements to real property  which
 can  help  to eliminate or mitigate damage to real or personal property,
 personal injury or the loss of life caused  by  a  natural  disaster  or
 other insurable event or occurrence of a fire, theft, burglary, personal
 injury or property damage.
   (4)  "Applicant"  means  an  insurer,  or  any other person, agency or
 organization  which  submits  a  proposed  homeowner  natural   disaster
 preparedness,  home safety and loss prevention course to the superinten-
 dent for [their information and review] APPROVAL PURSUANT  TO  PARAGRAPH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02101-01-3
              

 A. 136                              2
 
 (D)  OF  THIS SUBSECTION, and who or which is prepared and able to offer
 such course to insureds upon the approval thereof.
   (d)  The superintendent may establish, by rule or otherwise, standards
 or guidelines to be  used  by  the  superintendent  when  reviewing  the
 proposed  homeowner  natural disaster preparedness, home safety and loss
 prevention courses.  EVERY SUCH COURSE SUBMITTED BY AN APPLICANT TO  THE
 SUPERINTENDENT  FOR  APPROVAL  MUST  BE REVIEWED AND SHALL BE SUBJECT TO
 APPROVAL BY THE SUPERINTENDENT.
   (E) THE DEPARTMENT SHALL ISSUE A REQUEST FOR PROPOSAL FOR THE HOMEOWN-
 ER NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURS-
 ES DESCRIBED PURSUANT TO THIS SUBSECTION. ON OR BEFORE MARCH FIRST,  TWO
 THOUSAND  TWENTY-FOUR,  THE  DEPARTMENT SHALL SUBMIT A REQUEST FOR STATE
 FUNDING IN ORDER  TO  EFFECTUATE  THE  PROVISIONS  OF  THIS  SUBSECTION;
 PROVIDED,  HOWEVER,  THAT  NO EXPENDITURE SHALL BE MADE UNTIL THE SUPER-
 INTENDENT HAS APPROVED A PROGRAM AND FISCAL PLAN FOR  HOMEOWNER  NATURAL
 DISASTER  PREPAREDNESS,  HOME  SAFETY AND LOSS PREVENTION COURSES.  SUCH
 PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:  (1)  SPECIFIC
 CRITERIA  TO BE APPLIED IN EVALUATING THE REQUESTS FOR PROPOSAL; AND (2)
 UNIFORM COURSE AND COST STANDARDS.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law.  Effective immediate-
 ly, 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 effective date.