Senate Bill S2946B

                                 
BILL NUMBER: S2946

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
certain businesses to notify past and present employees of eligibility
for the September eleventh victim compensation fund

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require businesses with fifty or more employees to noti-
fy past and present employees of eligibility for the September eleventh
victim compensation fund.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the General Business Law by adding a new
Section 399-rr. Subdivision 1 of the new Section defines "eligible time
period," "exposure zone," and "September eleventh victim compensation
fund." Subdivision 2 of the new Section requires businesses with fifty
or more employees that operated within the exposure zone in the after-
              

math of the terrorist attacks on September 11, 2001 to notify their
employees of their eligibility for the September eleventh victim compen-
sation fund.

Section two of the bill sets forth the effective date.

 
JUSTIFICATION:

In the aftermath of the 9/11 terrorist attacks, people who worked in
Lower Manhattan and in certain other places were subjected to numerous
toxic pollutants, which in time have proven to be harmful to their
health and wellbeing.

The federal government created the September 11th Victim Compensation
Fund ("VCF") on September 22, 2001 to provide compensation for individ-
uals, or personal representative of deceased individuals, who suffered
physical harm or were killed as a result of the 9/11 attacks or the
clean-up and recovery operations in their aftermath. Congress renewed
and expanded the VCF with passage of the James Zadroga 9/11 Health and
Compensation Act of 2010 and subsequent legislation enacted in 2015 and
2019.

While a common perception is that the VCF is exclusively for first
responders who were present on and after September 11th, the reality is
that individuals who were in the exposure zone from September 11, 2001
through May 30, 2002 are entitled for support from the VCF.

Many people who are eligible for aid from the VCF are unaware of this.
Over 80% of first responders have enrolled, while less than 8% of the
office and retail workers have utilized the VCF. By requiring larger
companies to inform employees who worked in the exposure area during the
eligible time period about the support that they are entitled to, this
bill will help ensure that the VCF serves the purpose of ensuring that
people get critical healthcare they may need.

 
PRIOR LEGISLATIVE HISTORY:

2022: S9551/A9715 (KAVANAGH/Sayegh) - RULES/economic development

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

                                 
BILL NUMBER: S2946A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
certain businesses to notify past and present employees of eligibility
for the September eleventh victim compensation fund and the World Trade
Center health program

 
PURPOSE OF BILL:

This legislation amends The General Business Law in relation to requir-
ing certain businesses to notify past and present employees of eligibil-
ity for the September Eleventh Victim Compensation Fund and the World
Trade Center Health Program.

 
SUMMARY OF PROVISIONS:

Section 1 sets the title of the bill.

Section 2 amends the General Business Law by adding a new section 399-rr
              

which:

*Defines "eligible time period" as any time between September 11, 2001
and July 31, 2002.

*Defines "notice area" as the "New York City Disaster Area," designated
as the area of Manhattan that is south of Houston Street; any block in
Brooklyn that is wholly or partially contained within a 1.5 mile radius
of the former World Trade Center site; and any area related to or along
the routes of debris removal such as barges and Fresh Kills landfill.

*Defines "September Eleventh Victim Compensation Fund" as the September
Eleventh Victim compensation fund established under the Air Transporta-
tion Safety and System Stabilization Act (49 USC 40101).

* Defines "World Trade Center Health Program" as the World Trade Center
Health Program established under 42 USC 300mm.

* States that the New York State Department of Labor shall ensure any
businesses with 50 or more employees which operated within the New York
City Disaster Area during the eligible time period and is still operat-
ing shall notify each person employed within the New York City Disaster
Area during the eligible time period of their eligibility under the
September Eleventh Victim Compensation Fund and the World Trade Center
Health Program. This would apply to both current and former employees
and the Department of Labor shall determine the message that the employ-
er shall provide and the method of notification.

* States that the New York State Department of Labor shall consult with
the special master of the September Eleventh Victim Compensation Fund
and the program administrator of the World Trade Center Health Program
relating to matters including, but not limited to, messaging and format
to be sued in the promotion of the September Eleventh Victim Compen-
sation Fund and the World Trade Center Health Program and if the
messages should be tailored for the specific geographic areas covered by
the World Trade Center Health Program in a different manner than those

covered by both the World Trade Center Health Program and the September
Eleventh Victim Compensation Fund.

* States that the Commissioner of Labor shall promulgate any rules and
regulations as are necessary and appropriate to carry out the provisions
of this section.

Section 3 sets the effective date.

 
JUSTIFICATION:

The 9/11 terrorist attacks were a tragedy that impacted the entire
nation and left a lasting impact on New York City. In the aftermath of
the attacks, many workers, including first responders, cleanup workers,
and other employees who were in the vicinity of the World Trade Center
suffered from health issues as a result of their exposure to toxic
substances. To address these health issues, the Federal Government
established the September Eleventh Victim Compensation Fund and the
World Trade Center Health Program. These programs provide financial
compensation and healthcare to those who were impacted by the attacks
and their aftermath.

However, many individuals who are eligible for these programs are not
aware of their eligibility or the benefits that they could receive.
Many individuals who worked in businesses that operated in the New York
City Disaster Area were exposed to the same harmful airborne materials
as first responders at Ground Zero. This lack of awareness can result in
individuals suffering from health issues without access to the medical
care and financial support that they need.

To address this issue, this bill would require the New York State
Department of Labor to have businesses with 50 or more employees who
worked in the New York City Disaster Area between September 11, 2001 and
July 31, 2002 and is still operating to notify each person, both
currently and formerly employed, of their eligibility for these
programs. While over 80% of first responders have enrolled, less than 8%
of the office workers and retail workers have taken advantage of their
rights. The fact is that all too many of them still don't realize that
they are entitled to the benefits provided by Congress when it created
and fully funded the WTC Health Program and the Victim Compensation
Fund.

 
LEGISLATIVE HISTORY:

2022: S9551/A9715 (KAVANAGH/Sayegh) - RULES/economic development

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the two hundred seventieth day after it
shall have become a law.