Senate Bill S8074

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8074
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law  and  the  executive  law,  in
   relation to battery storage fire training for firefighters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 209-w  of  the  general  municipal
 law,  as  amended  by section 10 of part A of chapter 101 of the laws of
 2013, is amended to read as follows:
   1. Notwithstanding the provisions of any general,  special,  or  local
 law  or  charter  to  the contrary, no person shall, after the effective
 date of regulations adopted by the state fire administrator pursuant  to
 section  one  hundred  fifty-eight  of  the  executive  law,  receive an
 original appointment on a permanent basis as a fire fighter of any coun-
 ty, city, town, village, or fire district unless such person has  previ-
 ously been awarded a certificate by the state fire administrator attest-
 ing to [his or her] SUCH PERSON'S satisfactory completion of an approved
 fire  basic training program AND AN APPROVED BATTERY STORAGE FIRE TRAIN-
 ING PROGRAM; and every person who is appointed on a temporary  basis  or
 for  a  probationary  term  or on other than a permanent basis as a fire
 fighter of any county,  city,  town,  village  or  fire  district  shall
 forfeit  [his  or her] SUCH PERSON'S position as such unless [he or she]
 SUCH PERSON previously has satisfactorily completed, or within the  time
 prescribed  by  regulations  promulgated by the state fire administrator
 pursuant to section one hundred fifty-eight of the executive law, satis-
 factorily completes, a fire  basic  training  program  AND  AN  APPROVED
 BATTERY STORAGE FIRE TRAINING PROGRAM for temporary or probationary fire
 fighters  and  is  awarded a certificate by the state fire administrator
 attesting thereto.
   § 2. Section 158 of the executive law, as added by section 28 of  part
 B of chapter 56 of the laws of 2010, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11738-01-5
              

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   §  158. Firefighting training. 1. For the purpose of this section, the
 term fire fighter shall mean a member of a fire department whose  duties
 include  fire service as defined in paragraph d of subdivision eleven of
 section three hundred two of the retirement and social security law.
   2.  In addition to the functions, powers and duties otherwise provided
 by this article, the state fire administrator may promulgate  rules  and
 regulations with respect to:
   (a) The approval, or revocation thereof, of fire training programs AND
 BATTERY STORAGE FIRE TRAINING PROGRAMS for fire fighters;
   (b)  Minimum  courses of study, attendance requirements, and equipment
 and facilities to be required for approved fire  training  programs  AND
 BATTERY STORAGE FIRE TRAINING PROGRAMS for fire fighters;
   (c)  Minimum qualifications for instructors for approved fire training
 programs AND BATTERY STORAGE FIRE TRAINING PROGRAMS for fire fighters;
   (d) The requirements of minimum basic  training  which  fire  fighters
 appointed to probationary terms shall complete before being eligible for
 permanent  appointment,  and  the  time within which such basic training
 must be completed following such appointment to a probationary term;
   (e) The requirements of minimum basic training which fire fighters not
 appointed for probationary terms but appointed on other than a permanent
 basis shall complete in order to be eligible for continued employment or
 permanent appointment, and the time within  which  such  basic  training
 must be completed following such appointment on a non-permanent basis;
   (f)  The  requirements  for  in-service  training programs designed to
 assist fire fighters in maintaining skills and being informed of techno-
 logical advances;
   (g) Categories or  classifications  of  advanced  in-service  training
 programs  and  minimum courses of study and attendance requirements with
 respect to such categories or classifications;
   (h) Exemptions from particular provisions of this article in the  case
 of  any  county, city, town, village or fire district, if in the opinion
 of the state fire administrator the standards of  fire  training  estab-
 lished  and  maintained  by  such  county,  city,  town, village or fire
 district are equal to or higher than those established pursuant to  this
 article; or revocation in whole or in part of such exemption, if in [his
 or  her]  SUCH  STATE FIRE ADMINISTRATOR'S opinion the standards of fire
 training established and maintained by such county, city, town,  village
 or fire district are lower than those established pursuant to this arti-
 cle; and
   (i)  Education, health and physical fitness requirements for eligibil-
 ity of persons for provisional or permanent appointment in  the  compet-
 itive  class of the civil service as fire fighters as it deems necessary
 and proper for the efficient performance of such duties;
   3. In furtherance of [his or her] THE STATE FIRE ADMINISTRATOR'S func-
 tions, powers and duties as set forth in this section, [the] SUCH
  state fire administrator may:
   (a) Recommend studies, surveys and reports to be  made  by  the  state
 fire  administrator  regarding  the  carrying  out of the objectives and
 purposes of this section;
   (b) Visit and inspect any fire training programs approved by the state
 fire administrator or for which application for such approval  has  been
 made; and
   (c) Recommend standards for promotion to supervisory positions.
   4.  In addition to the functions, powers and duties otherwise provided
 by this section, the state fire administrator shall:
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   (a) Approve fire training programs AND BATTERY STORAGE  FIRE  TRAINING
 PROGRAMS  for  fire  fighters and issue certificates of approval to such
 programs, and revoke such approval or certificate;
   (b)  Certify,  as  qualified,  instructors  for approved fire training
 programs AND BATTERY STORAGE FIRE TRAINING PROGRAMS  for  fire  fighters
 and issue appropriate certificates to such instructors;
   (c)  Certify  fire  fighters  who  have satisfactorily completed basic
 training programs and in-service training programs, and issue  appropri-
 ate certificates to such fire fighters and revoke such certificates;
   (d)  Cause  studies  and surveys to be made relating to the establish-
 ment, operation, effectiveness and approval of fire training AND BATTERY
 STORAGE FIRE TRAINING programs;
   (e) Cause studies and surveys to be made relating to the completion or
 partial completion of training programs by  video  or  computer  to  the
 maximum extent practicable; and
   (f)  Consult  with and cooperate with the state university of New York
 and private universities, colleges and institutes in the state  for  the
 development  of  specialized  courses of study for fire fighters in fire
 science and fire administration.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.