Senate Bill S9045

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9045
 
                             I N  S E N A T E
 
                             January 27, 2026
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  enacting  the
   "public health resilience, early-warning, and planning (PREP) 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 "public health resilience, early-warning, and planning (PREP) act".
   §  2.  Legislative  findings and intent. 1. The legislature finds that
 public health threats to the residents of the state  increasingly  arise
 from  environmental conditions, climate-related impacts, emerging infec-
 tious diseases, and interconnected global  systems  that  affect  health
 care capacity, emergency response, and community well-being.
   2. The legislature further finds that early detection of public health
 threats,  coordinated preparedness planning, and timely response reduces
 illness and loss of life, limits strain  on  health  care  systems,  and
 protects critical infrastructure and essential services.
   3.  The legislature further finds that access to domestic and interna-
 tional public health surveillance information, when used in a  non-bind-
 ing  and  advisory  capacity, enhances the state's ability to anticipate
 and prepare for public health threats without creating binding legal  or
 financial obligations.
   4.  It is therefore the intent of the legislature to establish a dura-
 ble statutory framework to strengthen public health  resilience,  early-
 warning,  and  planning  through coordinated surveillance, preparedness,
 and response activities, while preserving state sovereignty,  protecting
 individual privacy, and ensuring consistency with state and federal law.
   § 3. The public health law is amended by adding a new section 206-c to
 read as follows:
   §  206-C. PUBLIC HEALTH RESILIENCE, EARLY-WARNING, AND PLANNING FRAME-
 WORK. 1. THE  COMMISSIONER  SHALL  ESTABLISH  AND  MAINTAIN  WITHIN  THE
 DEPARTMENT  A  PUBLIC  HEALTH  RESILIENCE,  EARLY-WARNING,  AND PLANNING
 FRAMEWORK TO IDENTIFY, ASSESS, AND PREPARE  FOR  PUBLIC  HEALTH  THREATS
 THAT MAY AFFECT THE RESIDENTS OF THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14611-01-6
 S. 9045                             2
 
   2.  THE  FRAMEWORK  SHALL  INCLUDE BUT NOT BE LIMITED TO PUBLIC HEALTH
 RISKS ASSOCIATED WITH:
   (A) EXTREME HEAT EVENTS;
   (B)  DEGRADED  AIR QUALITY, INCLUDING AIR QUALITY RELATED TO SMOKE AND
 THE OZONE;
   (C) VECTOR-BORNE AND ZOONOTIC DISEASES;
   (D) FLOODING, SEVERE WEATHER, AND RELATED ENVIRONMENTAL CONDITIONS;
   (E) EMERGING INFECTIOUS DISEASES; AND
   (F) OTHER CONDITIONS THAT MAY STRAIN PUBLIC HEALTH SYSTEMS OR EMERGEN-
 CY RESPONSE CAPACITY.
   3. (A) THE DEPARTMENT IS AUTHORIZED TO UTILIZE PUBLIC HEALTH  SURVEIL-
 LANCE DATA, ANALYSES, AND TECHNICAL INFORMATION FROM DOMESTIC AND INTER-
 NATIONAL  SOURCES  TO INFORM PREPAREDNESS, PLANNING, AND RESPONSE ACTIV-
 ITIES UNDER THIS SECTION.
   (B) SUCH SOURCES MAY INCLUDE, BUT ARE NOT LIMITED TO,  FEDERAL  PUBLIC
 HEALTH  AGENCIES,  ACADEMIC  AND  RESEARCH INSTITUTIONS, AND NON-BINDING
 INTERNATIONAL PUBLIC HEALTH SURVEILLANCE AND OUTBREAK RESPONSE NETWORKS,
 INCLUDING THE GLOBAL OUTBREAK ALERT AND RESPONSE NETWORK COORDINATED  BY
 THE WORLD HEALTH ORGANIZATION.
   (C)  UTILIZATION  OF INFORMATION PURSUANT TO THIS SUBDIVISION SHALL BE
 LIMITED TO TECHNICAL COOPERATION, SITUATIONAL  AWARENESS,  AND  ADVISORY
 PURPOSES  AND SHALL NOT CONSTITUTE MEMBERSHIP IN AN INTERNATIONAL ORGAN-
 IZATION OR CREATE ANY BINDING LEGAL OR FINANCIAL OBLIGATION.
   4. (A) THE  COMMISSIONER  SHALL  ESTABLISH  WITHIN  THE  DEPARTMENT  A
 CLIMATE AND GLOBAL HEALTH SURVEILLANCE UNIT RESPONSIBLE FOR:
   (I)  MONITORING DOMESTIC AND INTERNATIONAL PUBLIC HEALTH SIGNALS RELE-
 VANT TO THE STATE;
   (II) TRANSLATING SUCH INFORMATION INTO  EARLY-WARNING  INDICATORS  AND
 PREPAREDNESS GUIDANCE;
   (III) COORDINATING SURVEILLANCE AND PREPAREDNESS ACTIVITIES WITH STATE
 AGENCIES AND LOCAL HEALTH DEPARTMENTS; AND
   (IV) ADVISING THE COMMISSIONER ON EMERGING PUBLIC HEALTH THREATS.
   (B)  THE  UNIT  SHALL  SERVE  AS THE PRIMARY POINT OF COORDINATION FOR
 PARTICIPATION IN ANY NON-BINDING INTERNATIONAL  PUBLIC  HEALTH  SURVEIL-
 LANCE OR OUTBREAK RESPONSE NETWORK UTILIZED PURSUANT TO THIS SECTION.
   5.  THE  DEPARTMENT SHALL USE INFORMATION GENERATED UNDER THIS SECTION
 TO SUPPORT:
   (A) PUBLIC HEALTH PREPAREDNESS AND RESPONSE PLANNING;
   (B) HOSPITAL AND HEALTH SYSTEM SURGE READINESS;
   (C) ADVISORY GUIDANCE TO LOCAL HEALTH DEPARTMENTS, HEALTH CARE PROVID-
 ERS, AND OTHER RELEVANT ENTITIES; AND
   (D) COORDINATION WITH EMERGENCY MANAGEMENT AUTHORITIES,  AS  APPROPRI-
 ATE.
   6.  THE COMMISSIONER MAY COORDINATE ACTIVITIES UNDER THIS SECTION WITH
 OTHER STATE AGENCIES, INCLUDING BUT NOT LIMITED TO THE DIVISION OF HOME-
 LAND SECURITY AND EMERGENCY SERVICES, THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND TRANSPORTA-
 TION  OR  INFRASTRUCTURE  AUTHORITIES,  AS  NECESSARY  TO SUPPORT PUBLIC
 HEALTH PREPAREDNESS AND RESPONSE.
   7. (A) ANY GUIDANCE, RECOMMENDATIONS, OR TECHNICAL STANDARDS  UTILIZED
 OR  RECEIVED  PURSUANT  TO THIS SECTION SHALL BE ADVISORY ONLY AND SHALL
 NOT HAVE THE FORCE OF LAW UNLESS OTHERWISE  ADOPTED  PURSUANT  TO  STATE
 STATUTE OR REGULATION.
   (B)  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED TO AUTHORIZE THE
 EXECUTION OF ANY TREATY OR BINDING  INTERNATIONAL  AGREEMENT,  SUPERSEDE
 S. 9045                             3
 
 STATE  OR  FEDERAL LAW, OR PERMIT THE DEPARTMENT TO ACT ON BEHALF OF THE
 UNITED STATES IN FOREIGN AFFAIRS.
   8.  ANY  SHARING  OR USE OF DATA PURSUANT TO THIS SECTION SHALL COMPLY
 WITH ALL APPLICABLE STATE AND FEDERAL LAWS GOVERNING PRIVACY,  CONFIDEN-
 TIALITY,  AND  DATA  SECURITY  AND  SHALL  NOT REQUIRE THE DISCLOSURE OF
 PERSONALLY IDENTIFIABLE INFORMATION EXCEPT AS  OTHERWISE  AUTHORIZED  BY
 LAW.
   9.  THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND
 THE  LEGISLATURE  SUMMARIZING  ACTIVITIES  CONDUCTED  PURSUANT  TO  THIS
 SECTION,  INCLUDING  PREPAREDNESS EFFORTS, INTERAGENCY COORDINATION, AND
 ANY RECOMMENDATIONS FOR LEGISLATIVE OR REGULATORY ACTION.
   § 4. Severability. If any clause,  sentence,  paragraph,  subdivision,
 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 judgment 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.
   § 5. This act shall take effect immediately.