assembly Bill A4624

2015-2016 Legislative Session

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor

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Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 26, 2016 advanced to third reading cal.766
May 24, 2016 reported
May 04, 2016 reported referred to ways and means
Apr 12, 2016 print number 4624a
amend and recommit to codes
Apr 11, 2016 reported referred to codes
Jan 06, 2016 referred to environmental conservation
Apr 23, 2015 advanced to third reading cal.198
Apr 22, 2015 reported
Mar 24, 2015 reported referred to ways and means
Mar 17, 2015 reported referred to codes
Feb 05, 2015 referred to environmental conservation

Bill Amendments

A4624
A4624A
A4624
A4624A

Co-Sponsors

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A4624 - Bill Details

See Senate Version of this Bill:
S5404
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0709, En Con L; amd §120-aa, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A3754A, S719B
2011-2012: A1241A, S3029A
2009-2010: A1319, S7130

A4624 - Bill Texts

view summary

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor; prohibits transporters from commingling recyclables with other materials; prohibits incinerators and landfills from accepting recyclables.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4624

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced by M. of A. COLTON, ENGLEBRIGHT, SCHIMEL, LUPARDO, ROSENTHAL,
  ABINANTI,  KEARNS, WEPRIN, MOSLEY, FAHY -- Multi-Sponsored by -- M. of
  A. CLARK, DINOWITZ, FARRELL, GALEF, ORTIZ,  PERRY  --  read  once  and
  referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law and the general
  municipal law, in  relation  to  disposal  and  source  separation  of
  recyclable materials

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 27-0709 to read as follows:
S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  A.  "INCINERATOR"  SHALL  HAVE THE SAME MEANING AS PROVIDED IN SECTION
72-0401 OF THIS CHAPTER.
  B. "LANDFILL" SHALL HAVE THE  SAME  MEANING  AS  PROVIDED  IN  SECTION
72-0401 OF THIS CHAPTER.
  C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
ANT  TO  THE  PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL
MUNICIPAL LAW.
  D. "RECYCLABLE MATERIALS" MEANS RECYCLABLE COMPONENTS OF  SOLID  WASTE
WHICH  HAVE  BEEN  SEPARATED  FROM  OTHER SOLID WASTE AS REQUIRED BY THE
LOCAL RECYCLING LAW ADOPTED PURSUANT TO SUBDIVISION TWO OF  SECTION  ONE
HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW.
  E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
OWNED  OR  OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN A RECYCLA-
BLES  HANDLING  AND  RECOVERY  FACILITY,  USED  OIL   FACILITY,   OR   A
CONSTRUCTION  AND  DEMOLITION  DEBRIS  PROCESSING  FACILITY, WHERE SOLID
WASTE IS RECEIVED FOR THE PURPOSE  OF  SUBSEQUENT  TRANSFER  TO  ANOTHER
SOLID  WASTE  MANAGEMENT  FACILITY  FOR  PROCESSING, TREATING, DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.
  F. "TRANSPORTER" MEANS ANY PERSON OR ENTITY ENGAGED  IN  THE  OFF-SITE
TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01405-01-5

A. 4624                             2

  2.  A.  NO  TRANSPORTER SHALL KNOWINGLY COMMINGLE MATERIALS WITH OTHER
SOLID WASTE OR KNOWINGLY CAUSE MATERIALS TO  BE  COMMINGLED  WITH  OTHER
SOLID WASTE IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  B.  NO TRANSPORTER SHALL KNOWINGLY DELIVER MATERIALS THAT ARE RECYCLA-
BLE MATERIALS TO, OR KNOWINGLY CAUSE MATERIALS THAT ARE RECYCLABLE MATE-
RIALS TO BE DELIVERED TO: (I) AN INCINERATOR; (II) A LANDFILL;  (III)  A
TRANSFER  STATION,  UNLESS  SUCH RECYCLABLE MATERIALS ARE KEPT SEPARATED
FROM OTHER SOLID WASTE; OR (IV) ANYONE  WHO  THE  TRANSPORTER  KNOWS  OR
SHOULD  KNOW  WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS WITH OTHER
SOLID WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCINERATOR OR  A
LANDFILL FOR DISPOSAL.
  C.  NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT
MATERIALS FOR DISPOSAL IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  D. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE MATERI-
ALS WITH OTHER SOLID WASTE OR CAUSE MATERIALS TO BE  TRANSFERRED  TO  AN
INCINERATOR  OR  LANDFILL  FOR DISPOSAL IF SUCH MATERIALS ARE RECYCLABLE
MATERIALS.
  S 2. Paragraphs b and c of subdivision 2  of  section  120-aa  of  the
general municipal law, as amended by chapter 70 of the laws of 1988, are
amended to read as follows:
  b.  [For  purposes  of this section, "components" shall include paper,
glass, metals, plastics, garden and yard waste, and  may  include  other
elements  of solid waste.] NO LATER THAN JULY FIRST, TWO THOUSAND SEVEN-
TEEN, A MUNICIPALITY SHALL ADOPT A LOCAL LAW  OR  ORDINANCE  TO  REQUIRE
THAT  RECYCLABLE MATERIALS BE SEPARATED FROM OTHER SOLID WASTE WHICH HAS
BEEN LEFT FOR COLLECTION OR WHICH IS DELIVERED BY THE GENERATOR OF  SUCH
WASTE  TO  A  SOLID  WASTE  MANAGEMENT  FACILITY.  FOR  PURPOSES OF THIS
SECTION, "RECYCLABLE MATERIALS" MEANS AND INCLUDES: (I) NEWSPRINT, GLASS
CONTAINERS, METAL CONTAINERS, POLYETHYLENE TERAPHTHALATE (#1  CODE)  AND
HIGH  DENSITY POLYETHYLENE (#2 CODE) PLASTIC CONTAINERS; (II) CORRUGATED
CARDBOARD CONTAINERS AND PAPER BOARD; (III)  MIXED  PAPER  GENERATED  BY
NON-RESIDENTIAL  ENTITIES OR BY RESIDENTIAL BUILDINGS CONSISTING OF MORE
THAN FOUR DWELLINGS; AND (IV) ANY OTHER RECYCLABLE, REUSEABLE  OR  OTHER
MATERIALS  FOR  WHICH  THE MUNICIPALITY DETERMINES THAT ECONOMIC MARKETS
FOR ALTERNATE USES EXIST, OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE
SEPARATED FROM OTHER SOLID WASTE FOR RECYCLING.
  c. Prior to [exercising the authority of this section to enact such  a
local  law  or ordinance] MAKING A DETERMINATION UNDER SUBPARAGRAPH (IV)
OF PARAGRAPH B OF THIS SUBDIVISION, the municipality shall hold a public
hearing relating to its proposed provisions and shall give due consider-
ation to existing  source  separation,  recycling  and  [other  resource
recovery]  SOLID  WASTE DISPOSAL activities in the area, to the adequacy
of markets for separated materials, and to  any  additional  effort  and
expense  to  be incurred by residents in meeting the proposed separation
requirements. The authority provided in this section shall be  in  addi-
tion  to  and  without  limitation  upon the authority vested in munici-
palities under any other statute.
  S 3. Severability.   If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion 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, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

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A4624A - Bill Details

See Senate Version of this Bill:
S5404
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0709, En Con L; amd §120-aa, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A3754A, S719B
2011-2012: A1241A, S3029A
2009-2010: A1319, S7130

A4624A - Bill Texts

view summary

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor; prohibits transporters from commingling recyclables with other materials; prohibits incinerators and landfills from accepting recyclables.

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4624--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced by M. of A. COLTON, ENGLEBRIGHT, SCHIMEL, LUPARDO, ROSENTHAL,
  ABINANTI,  KEARNS,  WEPRIN,  MOSLEY,  FAHY,  LINARES,  STIRPE,  BLAKE,
  ARROYO, SEAWRIGHT, OTIS, GOTTFRIED -- Multi-Sponsored by -- M.  of  A.
  COOK, DINOWITZ, FARRELL, GALEF, GLICK, ORTIZ, PERRY, RIVERA, ROBINSON,
  SIMON,  WALKER  -- read once and referred to the Committee on Environ-
  mental Conservation -- recommitted to the Committee  on  Environmental
  Conservation  in  accordance  with Assembly Rule 3, sec. 2 -- reported
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  environmental  conservation  law  and  the  general
  municipal  law,  in  relation  to  disposal  and  source separation of
  recyclable materials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 27-0709 to read as follows:
S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  A. "INCINERATOR" SHALL HAVE THE SAME MEANING AS  PROVIDED  IN  SECTION
72-0401 OF THIS CHAPTER.
  B.  "LANDFILL"  SHALL  HAVE  THE  SAME  MEANING AS PROVIDED IN SECTION
72-0401 OF THIS CHAPTER.
  C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA  OF  THE  GENERAL
MUNICIPAL LAW.
  D.  "RECYCLABLE  MATERIALS" MEANS RECYCLABLE COMPONENTS OF SOLID WASTE
WHICH HAVE BEEN SEPARATED FROM OTHER SOLID  WASTE  AS  REQUIRED  BY  THE
LOCAL  RECYCLING  LAW ADOPTED PURSUANT TO SUBDIVISION TWO OF SECTION ONE
HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01405-03-6

A. 4624--A                          2

  E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
OWNED OR OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN  A  RECYCLA-
BLES   HANDLING   AND   RECOVERY  FACILITY,  USED  OIL  FACILITY,  OR  A
CONSTRUCTION AND DEMOLITION  DEBRIS  PROCESSING  FACILITY,  WHERE  SOLID
WASTE  IS  RECEIVED  FOR  THE  PURPOSE OF SUBSEQUENT TRANSFER TO ANOTHER
SOLID WASTE MANAGEMENT  FACILITY  FOR  PROCESSING,  TREATING,  DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.
  F.  "TRANSPORTER"  MEANS  ANY PERSON OR ENTITY ENGAGED IN THE OFF-SITE
TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.
  2. A. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE  MATERIALS  WITH  OTHER
SOLID  WASTE  OR  KNOWINGLY  CAUSE MATERIALS TO BE COMMINGLED WITH OTHER
SOLID WASTE IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  B. NO TRANSPORTER SHALL KNOWINGLY DELIVER MATERIALS THAT ARE  RECYCLA-
BLE MATERIALS TO, OR KNOWINGLY CAUSE MATERIALS THAT ARE RECYCLABLE MATE-
RIALS  TO  BE DELIVERED TO: (I) AN INCINERATOR; (II) A LANDFILL; (III) A
TRANSFER STATION, UNLESS SUCH RECYCLABLE MATERIALS  ARE  KEPT  SEPARATED
FROM  OTHER  SOLID  WASTE;  OR  (IV) ANYONE WHO THE TRANSPORTER KNOWS OR
SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS  WITH  OTHER
SOLID  WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCINERATOR OR A
LANDFILL FOR DISPOSAL.
  C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY  ACCEPT
MATERIALS FOR DISPOSAL IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  D. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE MATERI-
ALS  WITH  OTHER  SOLID WASTE OR CAUSE MATERIALS TO BE TRANSFERRED TO AN
INCINERATOR OR LANDFILL FOR DISPOSAL IF SUCH  MATERIALS  ARE  RECYCLABLE
MATERIALS.
  S  2.  Paragraphs  b  and  c of subdivision 2 of section 120-aa of the
general municipal law, as amended by chapter 70 of the laws of 1988, are
amended to read as follows:
  b. [For purposes of this section, "components"  shall  include  paper,
glass,  metals,  plastics,  garden and yard waste, and may include other
elements of solid waste.] NO LATER THAN JULY FIRST, TWO  THOUSAND  EIGH-
TEEN,  A  MUNICIPALITY  SHALL  ADOPT A LOCAL LAW OR ORDINANCE TO REQUIRE
THAT RECYCLABLE MATERIALS BE SEPARATED FROM OTHER SOLID WASTE WHICH  HAS
BEEN  LEFT FOR COLLECTION OR WHICH IS DELIVERED BY THE GENERATOR OF SUCH
WASTE TO A  SOLID  WASTE  MANAGEMENT  FACILITY.  FOR  PURPOSES  OF  THIS
SECTION, "RECYCLABLE MATERIALS" MEANS AND INCLUDES: (I) NEWSPRINT, GLASS
CONTAINERS,  METAL  CONTAINERS, POLYETHYLENE TERAPHTHALATE (#1 CODE) AND
HIGH DENSITY POLYETHYLENE (#2 CODE) PLASTIC CONTAINERS; (II)  CORRUGATED
CARDBOARD  CONTAINERS  AND  PAPER  BOARD; (III) MIXED PAPER GENERATED BY
NON-RESIDENTIAL ENTITIES OR BY RESIDENTIAL BUILDINGS CONSISTING OF  MORE
THAN  FOUR  DWELLINGS; AND (IV) ANY OTHER RECYCLABLE, REUSEABLE OR OTHER
MATERIALS FOR WHICH THE MUNICIPALITY DETERMINES  THAT  ECONOMIC  MARKETS
FOR ALTERNATE USES EXIST, OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE
SEPARATED FROM OTHER SOLID WASTE FOR RECYCLING.
  c.  Prior to [exercising the authority of this section to enact such a
local law or ordinance] MAKING A DETERMINATION UNDER  SUBPARAGRAPH  (IV)
OF PARAGRAPH B OF THIS SUBDIVISION, the municipality shall hold a public
hearing relating to its proposed provisions and shall give due consider-
ation  to  existing  source  separation,  recycling  and [other resource
recovery] SOLID WASTE DISPOSAL activities in the area, to  the  adequacy
of  markets  for  separated  materials, and to any additional effort and
expense to be incurred by residents in meeting the  proposed  separation
requirements.  The  authority provided in this section shall be in addi-
tion to and without limitation upon  the  authority  vested  in  munici-
palities under any other statute.

A. 4624--A                          3

  S  3.  Severability.    If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion 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, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

assembly Bill A7232

2015-2016 Legislative Session

Requires colleges, vocational institutions and other approved programs to provide credits or exemptions for comparable military training

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to higher education
Apr 29, 2015 referred to higher education

A7232 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add §§669-h & 6505-d, amd §6505-c, Ed L; add Art 2-A §§20-a & 20-b, Gen Bus L; amd §§304-a & 398-d, V & T L; amd §3002, Pub Health L; amd §236-a, County L; amd §45, Gen City L

A7232 - Bill Texts

view summary

Requires colleges, vocational institutions and other approved programs to provide credits or exemptions for comparable military training; provides for expedited application for admission to the practice of a profession by a veteran or a veteran's spouse; relates to motor vehicle inspector certification and mechanic qualifications, certification of responder or emergency medical technicians, licensure of master electricians and plumber certification.

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7232

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in  relation  to  course  credit  for
  veterans,  articulation  between  military  and  civilian professional
  careers and application for admission to practice of a profession by a
  veteran or a veteran's spouse; to amend the general business  law,  in
  relation to licensing, certification and registration for veterans and
  veteran's  spouses; to amend  the vehicle and traffic law, in relation
  to providing motor vehicle inspector certification and mechanic quali-
  fications; to amend the public health  law,  in  relation  to  certif-
  ication  of  responder  or emergency medical technicians; to amend the
  county law, in relation to licensure of master  electricians;  and  to
  amend the general city law, in relation to plumber certification

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section  669-h
to read as follows:
  S  669-H. COURSE CREDIT FOR VETERANS. 1. FOR PURPOSES OF THIS SECTION,
THE TERM "VETERAN" MEANS A PERSON, MALE  OR  FEMALE,  RESIDENT  OF  THIS
STATE,  WHO  HAS  SERVED  IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE
UNITED STATES DURING A WAR IN WHICH THE UNITED STATES  WAS  ENGAGED  AND
WHO  HAS BEEN RELEASED FROM SUCH SERVICE BY ANY MEANS OF AN HONORABLE OR
GENERAL DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE.
  2. EVERY VETERAN WHO IS ENROLLED ON A FULL-TIME BASIS AS AN UNDERGRAD-
UATE STUDENT IN GOOD  STANDING,  AT  AN  INSTITUTION  WITHIN  THE  STATE
UNIVERSITY  SYSTEM,  SHALL UPON APPLICATION AND APPROVAL OF THE CHANCEL-
LOR, OR HIS OR HER DESIGNEE, BE GRANTED UP TO SIX ACADEMIC  CREDITS  PER
SEMESTER  TOWARDS  HIS OR HER DEGREE FOR COMPLETION OF COURSES THAT WERE
PART OF SUCH VETERAN'S MILITARY TRAINING OR SERVICE.  IN DETERMINING THE
APPROVAL OF SUCH VETERAN'S APPLICATION, THE CHANCELLOR, OR  HIS  OR  HER
DESIGNEE, SHALL CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06693-03-5

A. 7232                             2

TION. NO FEE, TUITION OR OTHER CHARGE SHALL BE ASSESSED AGAINST A VETER-
AN WHO QUALIFIES FOR SUCH CREDIT PURSUANT TO THIS SECTION.
  3.  THE  CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK MAY PROMULGATE
RULES AND REGULATIONS AS ARE NECESSARY TO FULLY IMPLEMENT THE PROVISIONS
OF THIS  SECTION.
  S 2. Section 6505-c of the education law, as added by chapter  106  of
the laws of 2003, is amended to read as follows:
  S  6505-c.  Articulation  between  military  and civilian professional
careers. 1. The commissioner shall develop, jointly with the director of
the division of veterans' affairs, a program to facilitate  articulation
between  participation  in  the military service of the United States or
the military service of the state and admission to practice of a profes-
sion. The commissioner and the director shall identify, review and eval-
uate professional training programs offered through either the  military
service  of the United States or the military service of the state which
may, where applicable, be  accepted  by  the  department  as  equivalent
education  and  training  in lieu of all or part of an approved program.
Particular emphasis shall be placed on the  identification  of  military
programs  which have previously been deemed acceptable by the department
as equivalent education and training, programs which may provide,  where
applicable,  equivalent  education  and  training  for those professions
which are critical to public health and safety and  programs  which  may
provide,  where  applicable, equivalent education and training for those
professions for which shortages exist in the  state  of  New  York,  AND
PROGRAMS  WHICH  MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION AND
TRAINING FOR THOSE PROFESSIONS WHICH WOULD PROMOTE THE ECONOMIC DEVELOP-
MENT, JOB CREATION OR TECHNOLOGICAL ADVANCEMENT OF BUSINESS IN THE STATE
OF NEW YORK.
  2. The commissioner and the director shall prepare  a  list  of  those
military  programs  which  have previously been deemed acceptable by the
department as equivalent education and training in lieu of all  or  part
of  an approved program no later than the thirtieth of August, two thou-
sand three. On and after such date, such list shall be made available to
the public and applicants for admission to practice of a profession.
  3. The commissioner and the director shall prepare  a  list  of  those
military programs which may provide, where applicable, equivalent educa-
tion  and  training  for  those professions which are critical to public
health and safety, programs which may provide, where applicable,  equiv-
alent  education  and training for those professions for which shortages
exist in the state of New York, PROGRAMS WHICH MAY PROVIDE, WHERE APPLI-
CABLE, EQUIVALENT EDUCATION AND TRAINING  FOR  THOSE  PROFESSIONS  WHICH
WOULD  PROMOTE  THE  ECONOMIC DEVELOPMENT, JOB CREATION OR TECHNOLOGICAL
ADVANCEMENT OF BUSINESS IN THE STATE OF NEW YORK and any other  military
programs  which  may, where applicable, be accepted by the department as
equivalent education and training in lieu of all or part of an  approved
program  no  later than the thirty-first of October, two thousand three.
On and after such date, such list shall be made available to the  public
and applicants for admission to practice of a profession.
  4.  Such  lists shall be prepared annually no later than the thirtieth
of June thereafter with additions and  deletions  made  jointly  by  the
commissioner  and  the  director  and  made  available to the public and
applicants for admission to practice of a profession on such date.
  5. IN THEIR DETERMINATION PURSUANT TO THIS SECTION OF  WHICH  MILITARY
PROGRAMS PROVIDE EQUIVALENT EDUCATION AND TRAINING, SO AS TO BE ACCEPTED
BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR

A. 7232                             3

PART  OF  AN  APPROVED  PROGRAM, THE COMMISSIONER AND THE DIRECTOR SHALL
CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION.
  S  3.  The  education law is amended by adding a new section 6505-d to
read as follows:
  S 6505-D. APPLICATION FOR ADMISSION TO THE PRACTICE OF A PROFESSION BY
A VETERAN OR A SPOUSE OF A VETERAN. THE COMMISSIONER SHALL  PROVIDE  FOR
AN  EXPEDITED  APPLICATION FOR ADMISSION TO THE PRACTICE OF A PROFESSION
BY A VETERAN OR A SPOUSE OF A VETERAN. SUCH APPLICATION SHALL BE  DETER-
MINED BY THE COMMISSIONER WITHIN THIRTY DAYS OF THE FILING OF THE APPLI-
CATION  WITH  THE COMMISSIONER BY THE VETERAN OR SPOUSE OF A VETERAN. IN
MAKING THE DETERMINATION FOR THE VETERAN,  THE  COMMISSIONER  SHALL,  IN
ADDITION TO THE EDUCATION AND TRAINING OF THE VETERAN, ALSO CONSIDER THE
EQUIVALENT  EDUCATION  AND  TRAINING  OF THE VETERAN, IN ACCORDANCE WITH
SECTION SIXTY-FIVE HUNDRED FIVE-C OF  THIS  SUBARTICLE.  IN  MAKING  THE
DETERMINATION  FOR THE VETERAN'S SPOUSE, THE COMMISSIONER SHALL CONSIDER
THE EDUCATION AND TRAINING OF THE VETERAN'S SPOUSE,  TOGETHER  WITH  ANY
EQUIVALENT  EDUCATION, TRAINING, PAST ADMISSION OR PAST PRACTICE OF SUCH
SPOUSE OF SUCH PROFESSION IN ANOTHER  JURISDICTION,  TOGETHER  WITH  THE
STANDARDS  OF  THE  AMERICAN  COUNCIL  ON EDUCATION. IF THE COMMISSIONER
DETERMINES THAT THE EDUCATION AND TRAINING OF THE VETERAN OR THE  VETER-
AN'S  SPOUSE,  AND/OR  THEIR  PAST ADMISSION OR PAST PRACTICE IN ANOTHER
JURISDICTION, IS ESSENTIALLY EQUIVALENT TO  THE  REQUIREMENTS  NECESSARY
FOR  ADMISSION  TO  PRACTICE  THE PROFESSION IN NEW YORK STATE, THEN THE
COMMISSIONER SHALL GRANT SUCH VETERAN OR VETERAN'S SPOUSE  ADMISSION  TO
PRACTICE THE PROFESSION IN NEW YORK STATE.
  S  4.  The general business law is amended by adding a new article 2-A
to read as follows:
                                ARTICLE 2-A
    LICENSING, CERTIFICATION AND REGISTRATION FOR VETERANS AND VETERAN
                                 SPOUSES
SECTION 20-A. ARTICULATION BETWEEN MILITARY  AND  CIVILIAN  PROFESSIONAL
                CAREERS.
        20-B. APPLICATION  FOR  LICENSING, CERTIFICATION OR REGISTRATION
                TO PRACTICE A PROFESSION BY A VETERAN OR A SPOUSE  OF  A
                VETERAN.
  S 20-A. ARTICULATION   BETWEEN   MILITARY  AND  CIVILIAN  PROFESSIONAL
CAREERS.  1. THE SECRETARY OF STATE  SHALL  DEVELOP,  JOINTLY  WITH  THE
DIRECTOR  OF  THE DIVISION OF VETERANS' AFFAIRS, A PROGRAM TO FACILITATE
ARTICULATION BETWEEN PARTICIPATION IN THE ARMED  FORCES  OF  THE  UNITED
STATES  OR  THE MILITARY SERVICE OF THE STATE AND THE LICENSING, CERTIF-
ICATION  AND  REGISTRATION  FOR  VETERANS  TO  PRACTICE  ANY  PROFESSION
LICENSED,  CERTIFIED  OR REGISTERED PURSUANT TO THIS CHAPTER. THE SECRE-
TARY AND THE DIRECTOR SHALL IDENTIFY, REVIEW AND  EVALUATE  PROFESSIONAL
TRAINING  PROGRAMS OFFERED THROUGH EITHER THE ARMED FORCES OF THE UNITED
STATES OR THE MILITARY SERVICE OF THE STATE WHICH MAY, WHERE APPLICABLE,
BE ACCEPTED BY THE DEPARTMENT AS EQUIVALENT EDUCATION  AND  TRAINING  IN
LIEU OF ALL OR PART OF AN APPROVED PROGRAM. PARTICULAR EMPHASIS SHALL BE
PLACED  ON THE IDENTIFICATION OF MILITARY PROGRAMS WHICH HAVE PREVIOUSLY
BEEN DEEMED ACCEPTABLE BY THE DEPARTMENT  AS  EQUIVALENT  EDUCATION  AND
TRAINING,  PROGRAMS  WHICH  MAY  PROVIDE,  WHERE  APPLICABLE, EQUIVALENT
EDUCATION AND TRAINING FOR  THOSE  PROFESSIONS  WHICH  ARE  CRITICAL  TO
PUBLIC  HEALTH AND SAFETY AND PROGRAMS WHICH MAY PROVIDE, WHERE APPLICA-
BLE, EQUIVALENT EDUCATION AND TRAINING FOR THOSE PROFESSIONS  FOR  WHICH
SHORTAGES  EXIST  IN  THE  STATE  AND  PROGRAMS WHICH MAY PROVIDE, WHERE
APPLICABLE, EQUIVALENT EDUCATION  AND  TRAINING  FOR  THOSE  PROFESSIONS

A. 7232                             4

WHICH WOULD PROMOTE THE ECONOMIC DEVELOPMENT, JOB CREATION OR TECHNOLOG-
ICAL ADVANCEMENT OF BUSINESS IN THE STATE.
  2.  THE SECRETARY AND THE DIRECTOR SHALL PREPARE A LIST OF THOSE MILI-
TARY PROGRAMS WHICH  HAVE  PREVIOUSLY  BEEN  DEEMED  ACCEPTABLE  BY  THE
DEPARTMENT  AS  EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR PART
OF AN APPROVED  PROGRAM  NO  LATER  THAN  JANUARY  FIRST,  TWO  THOUSAND
SIXTEEN.  ON  AND  AFTER SUCH DATE, SUCH LIST SHALL BE MADE AVAILABLE TO
THE PUBLIC AND APPLICANTS FOR ADMISSION TO PRACTICE OF A PROFESSION.
  3. THE SECRETARY AND THE DIRECTOR SHALL PREPARE A LIST OF THOSE  MILI-
TARY  PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT EDUCATION
AND TRAINING FOR THOSE PROFESSIONS WHICH ARE CRITICAL TO  PUBLIC  HEALTH
AND  SAFETY,  PROGRAMS  WHICH  MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT
EDUCATION AND TRAINING FOR THOSE PROFESSIONS FOR WHICH  SHORTAGES  EXIST
IN  THE  STATE, PROGRAMS WHICH MAY PROVIDE, WHERE APPLICABLE, EQUIVALENT
EDUCATION AND TRAINING FOR THOSE PROFESSIONS  WHICH  WOULD  PROMOTE  THE
ECONOMIC DEVELOPMENT, JOB CREATION OR TECHNOLOGICAL ADVANCEMENT OF BUSI-
NESS  IN  THE  STATE  AND  ANY  OTHER MILITARY PROGRAMS WHICH MAY, WHERE
APPLICABLE, BE ACCEPTED BY THE DEPARTMENT AS  EQUIVALENT  EDUCATION  AND
TRAINING IN LIEU OF ALL OR PART OF AN APPROVED PROGRAM NO LATER THAN THE
THIRTY-FIRST OF OCTOBER, TWO THOUSAND SEVENTEEN. ON AND AFTER SUCH DATE,
SUCH  LIST  SHALL BE MADE AVAILABLE TO THE PUBLIC AND APPLICANTS FOR THE
LICENSING, CERTIFICATION AND REGISTRATION TO THE PRACTICE OF  A  PROFES-
SION.
  4.  SUCH  LISTS SHALL BE PREPARED ANNUALLY NO LATER THAN THE THIRTIETH
OF JUNE THEREAFTER WITH ADDITIONS AND  DELETIONS  MADE  JOINTLY  BY  THE
SECRETARY  AND  THE DIRECTOR AND MADE AVAILABLE TO THE PUBLIC AND APPLI-
CANTS FOR THE LICENSING, CERTIFICATION AND REGISTRATION TO THE  PRACTICE
OF A PROFESSION ON SUCH DATE.
  5.  IN  THEIR DETERMINATION PURSUANT TO THIS SECTION OF WHICH MILITARY
PROGRAMS PROVIDE EQUIVALENT EDUCATION AND TRAINING, SO AS TO BE ACCEPTED
BY THE DEPARTMENT AS EQUIVALENT EDUCATION AND TRAINING IN LIEU OF ALL OR
PART OF AN APPROVED  PROGRAM,  THE  SECRETARY  AND  THE  DIRECTOR  SHALL
CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON EDUCATION.
  S  20-B.  APPLICATION  FOR LICENSING, CERTIFICATION OR REGISTRATION TO
PRACTICE A PROFESSION BY A VETERAN OR A SPOUSE OF A VETERAN. THE  SECRE-
TARY  OF STATE SHALL PROVIDE FOR AN EXPEDITED APPLICATION FOR LICENSING,
CERTIFICATION OR REGISTRATION TO THE  PRACTICE  OF  A  PROFESSION  BY  A
VETERAN  OR  A SPOUSE OF A VETERAN. SUCH APPLICATION SHALL BE DETERMINED
BY THE SECRETARY WITHIN THIRTY DAYS OF THE  FILING  OF  THE  APPLICATION
WITH  THE SECRETARY BY THE VETERAN OR SPOUSE OF A VETERAN. IN MAKING THE
DETERMINATION FOR THE VETERAN, THE SECRETARY SHALL, IN ADDITION  TO  THE
EDUCATION  AND  TRAINING  OF  THE  VETERAN, ALSO CONSIDER THE EQUIVALENT
EDUCATION AND TRAINING OF THE VETERAN, IN ACCORDANCE WITH SECTION  TWEN-
TY-A  OF  THIS  ARTICLE.  IN  MAKING THE DETERMINATION FOR THE VETERAN'S
SPOUSE, THE SECRETARY SHALL CONSIDER THE EDUCATION AND TRAINING  OF  THE
VETERAN'S SPOUSE, TOGETHER WITH ANY EQUIVALENT EDUCATION, TRAINING, PAST
LICENSING, CERTIFICATION OR REGISTRATION OR PAST PRACTICE OF SUCH SPOUSE
OF  SUCH PROFESSION IN ANOTHER JURISDICTION, TOGETHER WITH THE STANDARDS
OF THE AMERICAN COUNCIL ON EDUCATION. IF THE SECRETARY  DETERMINES  THAT
THE  EDUCATION  AND  TRAINING  OF  THE  VETERAN OR THE VETERAN'S SPOUSE,
AND/OR THEIR PAST LICENSING, CERTIFICATION OR REGISTRATION OR PAST PRAC-
TICE IN ANOTHER JURISDICTION, IS ESSENTIALLY EQUIVALENT TO THE  REQUIRE-
MENTS NECESSARY FOR LICENSING, CERTIFICATION OR REGISTRATION TO PRACTICE
THE PROFESSION IN THE STATE, THEN THE SECRETARY SHALL GRANT SUCH VETERAN
OR VETERAN'S SPOUSE LICENSING, CERTIFICATION OR REGISTRATION TO PRACTICE
SUCH PROFESSION.

A. 7232                             5

  S  5. Subdivision (c) of section 304-a of the vehicle and traffic law,
as added by chapter 61 of the laws  of  1989,  is  amended  to  read  as
follows:
  (c) The commissioner may, by regulation, establish standards of compe-
tency  and fitness for certification as an inspector; PROVIDED, HOWEVER,
THAT ANY PERSON WHO WAS A MEMBER OF  THE  ARMED  FORCES  OF  THE  UNITED
STATES,  NATIONAL  GUARD  OR  RESERVES  AND WHO BY MILITARY TRAINING AND
PRACTICE ACQUIRED THE SKILLS OF  A  MOTOR  VEHICLE  INSPECTOR  SHALL  BE
CERTIFIED BY THE COMMISSIONER AS AN INSPECTOR.
  S 6. Section 398-d of the vehicle and traffic law is amended by adding
a new subdivision 8 to read as follows:
  8.  ANY  PERSON  WHO  WAS  A  MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES, AND WHO  BY  MILITARY  TRAINING  AND
PRACTICE  ACQUIRES  THE  SKILLS  OF  A  MOTOR VEHICLE MECHANIC, SHALL BE
DEEMED TO BE QUALIFIED TO PERFORM WORK  UPON  MOTOR  VEHICLES  AT  MOTOR
VEHICLE REPAIR SHOPS.
  S  7.  Subdivision  2  of  section  3002  of the public health law, as
amended by chapter 580 of the laws  of  2007,  is  amended  to  read  as
follows:
  2. The state council shall have the power, by an affirmative vote of a
majority  of  those present, subject to approval by the commissioner, to
enact, and from time to time, amend and repeal,  rules  and  regulations
establishing minimum standards for ambulance services, ambulance service
certification,  advanced  life  support  first  response  services,  the
provision of prehospital emergency medical care, public  education,  the
development  of  a  statewide  emergency  medical  services  system, the
provision of ambulance services outside the primary territory  specified
in  the  ambulance  services' certificate and the training, examination,
and certification of certified first responders, emergency medical tech-
nicians, and advanced emergency medical technicians; provided,  however,
that  such minimum standards must be consistent with the staffing stand-
ards established by section three thousand five-a of this article.  Such
training  shall  be  made  available by video or computer to the maximum
extent possible. [Until January first, nineteen hundred ninety-seven, no
minimum standards shall be established for services provided by a volun-
tary ambulance service operating  solely  pursuant  to  a  statement  of
registration  issued  under section three thousand four.] The curriculum
for certified first responder training shall not exceed fifty-one  hours
including  prerequisites.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS
ARTICLE TO THE CONTRARY, ANY PERSON WHO WAS A MEMBER OF THE ARMED FORCES
OF THE UNITED STATES, NATIONAL GUARD OR RESERVES, AND  WHO  BY  MILITARY
TRAINING AND PRACTICE WAS A MEDIC OR CORPSMAN, SHALL BE CERTIFIED, WITH-
OUT  EXAMINATION,  BY THE STATE COUNCIL AND REGIONAL COUNCILS AS A FIRST
RESPONDER OR EMERGENCY MEDICAL TECHNICIAN. The state council shall  have
the  same  powers  granted  to  regional councils by this article in any
region of the state in which a regional  council  has  not  been  estab-
lished.
  S  8.  Subdivision 1 of section 236-a of the county law, as amended by
chapter 257 of the laws of 2014, is amended to read as follows:
  1. Notwithstanding the provisions of the general city law or any other
law to the contrary, the counties of Dutchess, Suffolk  and  Westchester
are  each hereby authorized to establish a county board of examiners for
master electricians and to empower such board to  assume  all  licensing
duties  within  each such county with respect to the licensure of master
electricians.   PROVIDED, THAT  SUCH  COUNTIES  SHALL  PROVIDE  FOR  THE
LICENSING,  WITHOUT  EXAMINATION,  AS A MASTER ELECTRICIAN OF ANY PERSON

A. 7232                             6

WHO WAS A MEMBER OF THE ARMED FORCES  OF  THE  UNITED  STATES,  NATIONAL
GUARD  OR  RESERVES,  AND WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED
THE SKILLS OF AN ELECTRICIAN. The  counties  of  Dutchess,  Suffolk  and
Westchester  shall provide for master electrician's duties and responsi-
bilities in accordance with the local law of each such county.
  S 9. Section 45 of the general city law is amended to read as follows:
  S 45. Examinations; conducting business without certificate  prohibit-
ed.  A  person  desiring  or intending to conduct the trade, business or
calling of a plumber or of plumbing in a city of this state as employing
or master plumber, shall be required to submit to an examination  before
such examining board of plumbers as to his experience and qualifications
for  such  trade, business or calling, and it shall not be lawful in any
city of this state for a person to conduct such trade, business or call-
ing, unless he shall have first obtained  a  certificate  of  competency
from  such board of the city in which he conducts or proposes to conduct
such business.  PROVIDED, HOWEVER, THAT ANY PERSON WHO WAS A  MEMBER  OF
THE  ARMED  FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES, AND
WHO BY MILITARY TRAINING AND PRACTICE ACQUIRED THE SKILLS OF A  PLUMBER,
SHALL BE CERTIFIED AS COMPETENT WITHOUT EXAMINATION.
  S 10. This act shall take effect on the first of January next succeed-
ing  the  date  on  which it shall have become a law, provided, however,
that section one of this act shall take effect on the first of July next
succeeding the date on which it shall have become a law; provided, that,
effective immediately, any rules and regulations necessary to  implement
the  provisions  of  this  act  on its effective date are authorized and
directed to be amended, added and/or repealed on or before such date.

assembly Bill A7354

2015-2016 Legislative Session

Relates to managed long term care plans

download bill text pdf

Sponsored By

Current Bill Status - STRICKEN


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2015 enacting clause stricken
May 06, 2015 referred to health

A7354 - Bill Details

See Senate Version of this Bill:
S379
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§4403-f, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A3781C, S6583

A7354 - Bill Texts

view summary

Relates to prohibiting ownership or control of managed long term care plans by health maintenance organizations or insurers.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7354

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2015
                               ___________

Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
  tee on Health

AN  ACT to amend the public health law, in relation to managed long term
  care plans not being controlled or owned by for-profit health  mainte-
  nance organizations or insurers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1 of  section  4403-f  of  the
public  health  law,  as  added  by  chapter 659 of the laws of 1997, is
amended to read as follows:
  (b) "Eligible applicant" means an entity controlled or wholly owned by
one or more of the following: a hospital as defined in  subdivision  one
of  section twenty-eight hundred one of this chapter; a home care agency
licensed or certified pursuant to article thirty-six  of  this  chapter;
[an] A NOT-FOR-PROFIT entity that has received a certificate of authori-
ty  pursuant  to  sections  forty-four hundred three, forty-four hundred
three-a or AN INTEGRATED DELIVERY SYSTEM THAT HAS RECEIVED A CERTIFICATE
OF AUTHORITY PURSUANT TO SECTION  forty-four  hundred  eight-a  of  this
article  (as  added  by  chapter  six hundred thirty-nine of the laws of
nineteen hundred ninety-six), or  a  NOT-FOR-PROFIT  health  maintenance
organization  authorized under article forty-three of the insurance law;
or a not-for-profit organization which has a  history  of  providing  or
coordinating  health  care  services  and long term care services to the
elderly and  disabled;  PROVIDED,  HOWEVER,  THAT  AN  ENTITY  OWNED  OR
CONTROLLED  BY  AN  ENTITY  THAT HAS RECEIVED A CERTIFICATE OF AUTHORITY
PURSUANT TO SECTION  FORTY-FOUR  HUNDRED  THREE  OR  FORTY-FOUR  HUNDRED
THREE-A  OF  THIS  ARTICLE  AND  HAS RECEIVED A CERTIFICATE OF AUTHORITY
UNDER THIS SECTION PRIOR TO THE EFFECTIVE DATE OF  THE  CHAPTER  OF  THE
LAWS  OF  TWO  THOUSAND  FIFTEEN  WHICH  AMENDED THIS PARAGRAPH SHALL BE
DEEMED TO BE AN ELIGIBLE APPLICANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02424-01-5

A. 7354                             2

  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to  section  4403-f  of  the  public health law made by
section one of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.