S T A T E O F N E W Y O R K
________________________________________________________________________
1435--A
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. ROZIC, SIMON, FORREST, SEAWRIGHT, GONZALEZ-ROJAS,
EPSTEIN, MAMDANI, GALLAGHER, COLTON, ZINERMAN, COOK, REYES, BURGOS,
MITAYNES, JACKSON, CARROLL, HEVESI, DINOWITZ, ARDILA, RAGA, FALL --
read once and referred to the Committee on Cities -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to enacting the "New York city teleworking expansion act"
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 "New York city teleworking expansion act".
§ 2. Legislative findings. The legislature hereby finds and declares
that the health and safety of the population living in and around the
densely populated New York city metropolitan region is a matter of state
concern, as is the economic vitality and the effectiveness of mass tran-
sit in that region, all of which are threatened by the amount of traffic
congestion inside of, and into, New York city, and the overcrowded
buses, subways and railroads within the region. Traffic congestion is
particularly harmful to the mass transit bus systems run by the Metro-
politan Transportation Authority, creating delays and hindering the
growth of essential surface mass transportation systems, and the entire
mass transit system suffers from severe overcrowding. The negative
impact of traffic congestion in New York city on the health, economy and
mass transit systems of the downstate region, as well as the overcrowd-
ing of the region's mass transit systems, were established at legisla-
tive hearings in the spring of 2007, as well as during the hearings and
reports of the legislatively created New York City Traffic Mitigation
Commission. During these hearings, it was established that a very large
number of New York city employees drive to work both from points within
New York city and without, that New York city lacks a working and
adequate telecommuting program for its employees, and that an effective
telecommuting program would significantly reduce the number of such
employees driving to work. Likewise, a telecommuting program for New
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00503-03-3
A. 1435--A 2
York city employees would also allow employees who use mass transit to
work from home, thereby alleviating the current overcrowding in the
region's mass transit systems. Such a program as established by this
legislation would address the state's concern that the health, safety,
economic vitality and mass transit operations of the downstate region be
preserved and protected.
§ 3. The administrative code of the city of New York is amended by
adding a new section 12-141 to read as follows:
§ 12-141 TELEWORKING PROGRAMS. A. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "CITY AGENCY" SHALL MEAN A CITY, COUNTY, BOROUGH OR OTHER OFFICE,
POSITION, ADMINISTRATION, DEPARTMENT, DIVISION, BUREAU, BOARD, COMMIS-
SION, AUTHORITY, CORPORATION, PUBLIC BENEFIT CORPORATION, COMMITTEE OR
OTHER AGENCY OF GOVERNMENT, THE EXPENSES OF WHICH ARE PAID IN WHOLE OR
IN PART FROM THE CITY TREASURY, AND SHALL INCLUDE BUT NOT BE LIMITED TO
THE COUNCIL, THE OFFICES OF EACH ELECTED CITY OFFICIAL, THE BOARD OF
EDUCATION, COMMUNITY BOARDS, THE HEALTH AND HOSPITALS CORPORATION, THE
NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY, THE OFFICES OF THE DISTRICT
ATTORNEYS OF THE COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND RICH-
MOND, AND OF THE SPECIAL NARCOTICS PROSECUTOR, THE NEW YORK CITY HOUSING
AUTHORITY, AND THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION.
2. "TELEWORK" SHALL MEAN TO PERFORM NORMAL AND REGULAR WORK FUNCTIONS
ON A WORKDAY THAT ORDINARILY WOULD BE PERFORMED AT THE AGENCY'S PRINCI-
PAL LOCATION AT A DIFFERENT LOCATION, THEREBY ELIMINATING OR SUBSTAN-
TIALLY REDUCING THE PHYSICAL COMMUTE TO AND FROM SUCH AGENCY'S PRINCIPAL
LOCATION. PROVIDED, HOWEVER, THAT THE DIFFERENT LOCATION SHALL NOT
CONFLICT WITH THE REQUIREMENTS OF ANY APPLICABLE NEW YORK CITY RESIDENCY
REQUIREMENTS.
B. EACH AGENCY SHALL ESTABLISH A POLICY AND PROGRAM TO ALLOW EMPLOYEES
TO PERFORM ALL OR A PORTION OF THEIR DUTIES THROUGH TELEWORKING TO THE
MAXIMUM EXTENT POSSIBLE WITHOUT DIMINISHED EMPLOYEE PERFORMANCE. EACH
AGENCY SHALL DESIGNATE A "TELEWORK COORDINATOR" TO BE RESPONSIBLE FOR
OVERSEEING THE IMPLEMENTATION OF TELEWORKING PROGRAMS. ALL EMPLOYEE
PERFORMANCE STANDARDS SHALL BE REDUCED TO WRITING WITH CLEAR METRICS FOR
EMPLOYEE PRODUCTIVITY SUCCESS AND FAILURE VIA TELEWORKING. PERIODIC
EVALUATIONS SHALL BE INCLUDED IN THE TELEWORK POLICY AND PROGRAM.
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT SUPER-
SEDE AN EXISTING TELEWORK POLICY AND PROGRAM THAT IS THE RESULT OF
AGREEMENT BETWEEN AN EMPLOYER AND A RECOGNIZED OR CERTIFIED EMPLOYEE
ORGANIZATION, UNLESS SUCH EXISTING TELEWORK POLICY AND PROGRAM PROVIDES
LESS PROTECTION THAN PROVIDED FOR UNDER THIS SECTION. NOTHING IN THE
SECTION SHALL BE INTERPRETED AS DISCOURAGING THE USE OF COLLECTIVE
BARGAINING AS THE PRIMARY TOOL FOR DEVELOPING A TELEWORK POLICY AND
PROGRAM.
C. ELIGIBILITY FOR TELEWORKING SHALL BE DETERMINED BY A REASONABLE
ASSESSMENT OF THE TASKS REQUIRED BY EACH TITLE OR TITLE CATEGORY, WITH
RECOGNIZED OR CERTIFIED EMPLOYEE ORGANIZATION INPUT, AND APPLIED FAIRLY
ACROSS THE EMPLOYEES WITHIN SUCH TITLE OR CATEGORY.
D. NOTHING IN THIS SECTION SHALL SUPERSEDE EXISTING LAW, REGULATION,
OR PERSONNEL POLICIES APPLICABLE TO EMPLOYEES WITH INJURIES, ILLNESSES,
ENVIRONMENTAL HEALTH CONDITIONS, OR DISABILITIES OR WITH THE REASONABLE
APPLICATION OF EMPLOYEE EARNED LEAVE TIME INCLUDING, BUT NOT LIMITED TO,
SICK, COMPENSATORY, PAID OR UNPAID FAMILY LEAVE, OR VACATION.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.