senate Bill S1738

2015-2016 Legislative Session

Relates to the revocation or reissuance of licenses; repealer

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Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2016 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1854
committee discharged and committed to rules
Jan 06, 2016 referred to transportation
Jan 14, 2015 referred to transportation

S1738 - Bill Details

See Assembly Version of this Bill:
A6981
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Rpld §1193 sub 2 ¶(b) sub¶ 12, amd §§1193 & 511, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6287, A1933A
2011-2012: A10371

S1738 - Bill Texts

view summary

Relates to the revocation and reissuance of licenses.

view sponsor memo
BILL NUMBER:S1738

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the revocation and the reissuance of licenses; and to
repeal subparagraph 12 of paragraph (b) of subdivision 2 of section
1193 of such law, relating to permanent revocation

PURPOSE: To assure that persistent impaired drivers are not permitted
to continue to drive in New York State.

SUMMARY OF PROVISIONS:

Section 1. Repeals subparagraph 12 of paragraph (b) of subdivision 2
of section 1193 of the vehicle and traffic law, relating to permanent
license revocations.

Section 2. Amends paragraph (c) of subdivision 2 of section 1193 of
the vehicle and traffic law to create a permanent license revocation
after 3 DWIs or 3 refusals to submit to a chemical test, or any
combination of three refusals and convictions or for two DWIs where
physical injury has occurred.

Section 3. Amends subparagraph (iii) of paragraph (a) of subdivision 3
of section 511 of the vehicle and traffic law (VAT) to remove the
reference to the repealed VAT § 1193(2)(b)(12) and to replace it with
subparagraph 3 of paragraph (c) of subdivision 2.

Section 4. Effective date.

JUSTIFICATION: This bill amends the vehicle and traffic law to create
a true permanent license revocation for persistent impaired drivers.
Under current law, except for circumstances under which a person has
been convicted of two DWIs in which physical injury was involved, DMV
may restore driving privileges after five years, no matter how many
DWIs a driver has been convicted of.

This sends the wrong message to persistent offenders and to the public
at large. The purpose of this bill is to assure that those who, with
reckless disregard for the safety of pedestrians and other drivers,
continue to drive under the influence after their second DUI
conviction are taken off the roads permanently.

LEGISLATIVE HISTORY: 2014: S6287/A1933-A - Transportation
Committee/Transportation Committee

FISCAL IMPLICATIONS: None.

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

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

                                  1738

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the  revoca-
  tion  and the reissuance of licenses; and to repeal subparagraph 12 of
  paragraph (b) of subdivision 2 of section 1193 of such  law,  relating
  to permanent revocation

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

  Section 1. Subparagraph 12  of  paragraph  (b)  of  subdivision  2  of
section 1193 of the vehicle and traffic law is REPEALED.
  S 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic law, as amended by chapter 312 of the laws of 1994, subparagraph
3  as  amended by chapter 732 of the laws of 2006, is amended to read as
follows:
  (c) Reissuance of licenses;  restrictions.  (1)  Except  as  otherwise
provided in this paragraph, where a license is revoked pursuant to para-
graph  (b) of this subdivision, no new license shall be issued after the
expiration of the minimum period specified in such paragraph, except  in
the discretion of the commissioner.
  (2)  Where a license is revoked pursuant to subparagraph two, three or
eight of paragraph (b) of this subdivision for a violation  of  subdivi-
sion  four  of  section  eleven  hundred ninety-two of this article, and
where the individual does not have a driver's license  or  the  individ-
ual's license was suspended at the time of conviction or youthful offen-
der  or  other juvenile adjudication, the commissioner shall not issue a
new license nor restore the former license for a period  of  six  months
after  such  individual would otherwise have become eligible to obtain a
new license or to have the former license restored;  provided,  however,
that  during  such  delay period the commissioner may issue a restricted
use license pursuant to section five hundred thirty of this chapter.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03071-01-5

S. 1738                             2

  (3) In no event shall a new license be issued where a person has  been
[twice] convicted THREE TIMES of a violation of [subdivision three, four
or  four-a  of]  section eleven hundred ninety-two of this article or of
[driving while intoxicated or of driving while ability  is  impaired  by
the  use  of  a  drug  or  of  driving  while ability is impaired by the
combined influence of drugs or of alcohol and any  drug  or  drugs]  ANY
VIOLATION  OF  THE  PENAL  LAW  FOR  WHICH A VIOLATION OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THIS ARTICLE IS AN ESSENTIAL ELEMENT OR HAS  THREE
TIMES  BEEN  FOUND TO HAVE REFUSED TO SUBMIT TO A CHEMICAL TEST PURSUANT
TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, OR HAS ANY COMBI-
NATION OF THREE SUCH CONVICTIONS AND FINDINGS OF REFUSAL NOT ARISING OUT
OF THE SAME INCIDENT, OR HAS BEEN CONVICTED TWICE where physical injury,
as defined in section 10.00 of the penal law,  has  resulted  from  such
offense in each instance.
  S  3.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by  chapter  169  of  the
laws of 2013, is amended to read as follows:
  (iii)  commits  the  offense  of  aggravated unlicensed operation of a
motor vehicle in the third degree as defined in subdivision one of  this
section;  and is operating a motor vehicle while under permanent revoca-
tion as set forth in subparagraph [twelve] THREE of paragraph [(b)]  (C)
of  subdivision two of section eleven hundred ninety-three of this chap-
ter; or
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

senate Bill S1115

2015-2016 Legislative Session

Provides for the awarding of state contracts for professional services under the minority and women-owned business enterprise program

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 12, 2016 print number 1115a
amend and recommit to finance
Jan 06, 2016 referred to finance
Jan 08, 2015 referred to finance

Bill Amendments

S1115
S1115A
S1115
S1115A

S1115 - Bill Details

See Assembly Version of this Bill:
A6987
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §§310, 311, 312-a, 313 & 313-a, Exec L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S118, A4454
2011-2012: S6753, A10139

S1115 - Bill Texts

view summary

Provides for the awarding of state contracts for professional services under the minority and women-owned business enterprise program.

view sponsor memo
BILL NUMBER:S1115

TITLE OF BILL:

An act to amend the executive law, in relation to including the
provision of professional services in the minority and women-owned
business enterprise program

PURPOSE:

Provides for the awarding of state contracts for professional services
under the minority and women-owned business enterprise program.

SUMMARY OF PROVISIONS:

Section 1 amends the executive law to include a definition of
professional services contract and adds a new subdivision 24 defining
professional services.

Section 2 amends the executive law to include professional services in
the annual report on state MWBE contracts.

Section 3 requires professional services be considered in future
disparity studies. Section 4 establishes agency goals for MWBE
professional services expenditures.

Section 5 establishes that professional services be considered in
relevant future rules and regulations.

Section 6 establishes an effective date.

JUSTIFICATION:

Historically, businesses owned by women and minorities have been
subjected to a pattern of systematic discrimination that has stunted
their growth and left fledgling enterprises without an adequate
network of established support. While New York has taken great strides
to remedy this historic disparity, there is much work left to do.

In 1988, Article 15-A of the Executive Law created what is now the
Division of Minority and Women's Business Development (the
"Division"). The goal was to promote equality of economic
opportunities for minority and/or women owned business enterprises
("MWBEs") and to eliminate barriers to their participation in state
contracts.

While the Division's work helped foster a marked improvement, the
State was compelled to redouble its efforts in the wake of a 2006
study demonstrating a still significant disparity in the awarding of
public contracts. By the 2009-2010 fiscal year, this renewed effort
helped bring New York's discretionary spending total on contracts with
MWBEs to more than $9 Billion.

However, this incredible progress has been largely achieved through
procurement and construction service contracts without sufficient
attention to contracts for professional services such as architecture,
accounting, legal services and financial planning. Diversification of


contracts for professional services, which are among the most
well-compensated, prestigious and stable fields, must be a cornerstone
of a truly effective MWBE Program.

In spite of widespread commitment to the advancement of diversity
initiatives, both publicly and in the private sector, white women and
employees of color continue to be under-represented in the
professions. For instance, less than 10% of all licensed attorneys in
the U.S. are people of color. One possible explanation for this
under-representation is the "pipeline theory," which posits that
stagnation is partially attributable to the limited availability of
similarly situated role models and dearth of access to professional
development opportunities. This legislation would help ensure that the
state plays a vital role in the encouragement of burgeoning women and
minority owned professional service enterprises.

LEGISLATIVE HISTORY:

2013-2014 - S.118
2011-12: S.6753

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided that the amendments
to article 15-A of the executive law made by sections one, two, three,
four and five of this act, shall not affect the expiration of such
article and shall expire therewith. Provided, further, 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 completed on or before such date.

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

                                  1115

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to  amend  the  executive  law,  in  relation  to  including  the
  provision  of  professional  services  in the minority and women-owned
  business enterprise program

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

  Section  1.  Subdivision  13  of  section 310 of the executive law, as
amended by chapter 506 of the laws of 2009, is amended and a new  subdi-
vision 24 is added to read as follows:
  13.  "State  contract" shall mean: (a) a written agreement or purchase
order instrument, providing for a total expenditure in excess  of  twen-
ty-five  thousand  dollars, whereby a contracting agency is committed to
expend or does expend funds in return for labor, services including  but
not  limited  to  legal,  financial  and  other  professional  services,
supplies, equipment, materials or any combination of the  foregoing,  to
be  performed  for,  or rendered or furnished to the contracting agency;
(b) A WRITTEN AGREEMENT, PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS  OF
FIVE  THOUSAND  DOLLARS,  WHEREBY  A  CONTRACTING AGENCY IS COMMITTED TO
EXPEND OR DOES EXPEND FUNDS IN RETURN FOR PROFESSIONAL  SERVICES  TO  BE
PERFORMED FOR, OR RENDERED OR FURNISHED TO THE CONTRACTING AGENCY; (C) a
written  agreement  in  excess of one hundred thousand dollars whereby a
contracting agency is committed to expend or does expend funds  for  the
acquisition,  construction,  demolition,  replacement,  major  repair or
renovation of real property and improvements thereon; and  [(c)]  (D)  a
written  agreement in excess of one hundred thousand dollars whereby the
owner of a state assisted housing project is committed to expend or does
expend funds for the acquisition, construction, demolition, replacement,
major repair or renovation of real property and improvements thereon for
such project.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00346-01-5

S. 1115                             2

  24. "PROFESSIONAL SERVICES" SHALL MEAN THE PROVISION  OF  SERVICE  FOR
WHICH  THE PROVIDER OF SUCH SERVICE IS REQUIRED TO HOLD A LICENSE ISSUED
PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW OR ARTICLE FIFTEEN  OF  THE
JUDICIARY LAW.
  S  2.   Paragraphs (d), (e) and (f) of subdivision 3 of section 311 of
the executive law, paragraphs (d) and (e) as amended by  chapter  55  of
the  laws  of 1992 and paragraph (f) as added by chapter 261 of the laws
of 1988, are amended to read as follows:
  (d) to review  periodically  the  practices  and  procedures  of  each
contracting  agency  with  respect  to compliance with the provisions of
this article, and to require them to  file  periodic  reports  with  the
division of minority and women's business development as to the level of
minority  and  women-owned  business  enterprises  participation  in the
awarding of agency contracts for goods [and], services AND  PROFESSIONAL
SERVICES;
  (e)  on  January  first  of  each  year report to the governor and the
chairpersons of the senate finance and assembly ways and  means  commit-
tees  on  the  level  of  minority  and women-owned business enterprises
participating in each agency's contracts for goods [and],  services  AND
PROFESSIONAL SERVICES and on activities of the office and effort by each
contracting  agency  to promote employment of minority group members and
women, and to promote and increase participation by certified businesses
with respect to state contracts and subcontracts so as to facilitate the
award of a fair share of state contracts to such businesses.  The  comp-
troller  shall  assist  the  division  in  collecting information on the
participation of certified business for each  contracting  agency.  Such
report  may  recommend  new  activities  and  programs to effectuate the
purposes of this article;
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble,  be  divided  into  categories  of  labor,  services,  PROFESSIONAL
SERVICES,  supplies,  equipment,  materials  and recognized construction
trades and which shall indicate areas or locations of  the  state  where
such enterprises are available to perform services;
  S  3. Paragraph (a) of subdivision 1 of section 312-a of the executive
law, as amended by chapter 175 of the laws of 2010, is amended  to  read
as follows:
  (a)  to  determine  whether there is a disparity between the number of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services, PROFESSIONAL SERVICES
and construction, and the number of such contractors actually engaged to
perform such contracts, and to determine what changes, if any, should be
made to state  policies  affecting  minority  and  women-owned  business
enterprises; and
  S  4.  Paragraphs  (j)  and (k) of subdivision 1 of section 313 of the
executive law, as added by chapter 175 of the laws of 2010, are  amended
and two new paragraphs (l) and (m) are added to read as follows:
  (j)  overall  agency  total  dollar value of procurement for certified
women-owned business  enterprises:  twelve  and  thirty-nine  hundredths
percent; [and]
  (k)  overall  agency  total  dollar value of procurement for certified
minority, women-owned business enterprises: twenty-eight and  ninety-two
hundredths percent[.];
  (L) PROFESSIONAL SERVICES FOR CERTIFIED MINORITY-OWNED BUSINESS ENTER-
PRISES: FIFTEEN PERCENT; AND

S. 1115                             3

  (M)  PROFESSIONAL  SERVICES  FOR CERTIFIED WOMEN-OWNED BUSINESS ENTER-
PRISES: FIFTEEN PERCENT.
  S  5.  Section  313-a of the executive law, as added by chapter 175 of
the laws of 2010, is amended to read as follows:
  S 313-a. Diversity practices of state contractors. The director  shall
promulgate  rules  and regulations setting forth measures and procedures
to require all contracting agencies,  where  practicable,  feasible  and
appropriate, to assess the diversity practices of contractors submitting
bids or proposals in connection with the award of a state contract. Such
rules  and regulations shall take into account: the nature of the labor,
services, PROFESSIONAL SERVICES, supplies, equipment or materials  being
procured  by  the state agency; the method of procurement required to be
used by a state agency to award the contract  and  minority  and  women-
owned  business  utilization  plans required to be submitted pursuant to
sections three hundred twelve and three hundred thirteen of  this  arti-
cle;  and such other factors as the director deems appropriate or neces-
sary to promote the award of state contracts to contractors having sound
diversity practices. Such assessment shall not in  any  way  permit  the
automatic  rejection  of a bid or procurement contract proposal based on
lack of adherence to diversity practices. Each bid or proposal shall  be
analyzed  on  an  individual  per  bid  or  per  proposal basis with the
contractor's diversity practices considered as only a part  of  a  wider
consideration  of  several  factors when deciding to award or decline to
award a bid or proposal. The director shall develop the rules and  regu-
lations  required  hereunder  only  after  consultation  with  the state
procurement council established by section one hundred sixty-one of  the
state finance law.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided  that  the
amendments  to  article  15-A of the executive law made by sections one,
two, three, four and five of this act, shall not affect  the  expiration
of  such  article  and  shall expire therewith. Provided, further, 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 completed on or before such date.

S1115A - Bill Details

See Assembly Version of this Bill:
A6987
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §§310, 311, 312-a, 313 & 313-a, Exec L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S118, A4454
2011-2012: S6753, A10139

S1115A - Bill Texts

view summary

Provides for the awarding of state contracts for professional services under the minority and women-owned business enterprise program.

view sponsor memo
BILL NUMBER: S1115A

TITLE OF BILL : An act to amend the executive law, in relation to
including the provision of professional services in the minority and
women-owned business enterprise program

PURPOSE :

Provides for the awarding of state contracts for professional services
under the minority and women-owned business enterprise program.

SUMMARY OF PROVISIONS :

Section 1 amends the executive law to include a definition of
professional services contract and adds a new subdivision 23 defining
professional services.

Section 2 amends the executive law to include professional services in
the annual report on state MWBE contracts.

Section 3 requires professional services be considered in future
disparity studies. Section 4 establishes agency goals for MWBE
professional services expenditures.

Section 5 establishes that professional services be considered in
relevant future rules and regulations.

Section 6 establishes an effective date.

JUSTIFICATION :

Historically, businesses owned by women and minorities have been
subjected to a pattern of systematic discrimination that has stunted
their growth and left fledgling enterprises without an adequate
network of established support. While New York has taken great strides
to remedy this historic disparity, there is much work left to do.

In 1988, Article 15-A of the Executive Law created what is now the
Division of Minority and Women's Business Development (the
"Division"). The goal was to promote equality of economic
opportunities for minority and/or women owned business enterprises
("MWBEs") and to eliminate barriers to their participation in state
contracts.

While the Division's work helped foster a marked improvement, the
State was compelled to redouble its efforts in the wake of a 2006
study demonstrating a still significant disparity in the awarding of
public contracts. By the 2009-2010 fiscal year, this renewed effort
helped bring New York's discretionary spending total on contracts with
MWBEs to more than $9 Billion.

However, this incredible progress has been largely achieved through
procurement and construction service contracts without sufficient
attention to contracts for professional services such as architecture,
accounting, legal services and financial planning. Diversification of
contracts for professional services, which are among the most
well-compensated, prestigious and stable fields, must be a cornerstone
of a truly effective MWBE Program.

In spite of widespread commitment to the advancement of diversity
initiatives, both publicly and in the private sector, white women and
employees of color continue to be under-represented in the
professions. For instance, less than 10% of all licensed attorneys in
the U.S. are people of color. One possible explanation for this
under-representation is the "pipeline theory," which posits that
stagnation is partially attributable to the limited availability of
similarly situated role models and dearth of access to professional
development opportunities. This legislation would help ensure that the
state plays a vital role in the encouragement of burgeoning women and
minority owned professional service enterprises.

LEGISLATIVE HISTORY :

2013-2014 - S.118
2011-12: S.6753

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided that the amendments
to article 15-A of the executive law made by sections one, two, three,
four and five of this act, shall not affect the expiration of such
article and shall expire therewith. Provided, further, 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 completed on or before such date.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1115--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  executive  law,  in  relation  to including the
  provision of professional services in  the  minority  and  women-owned
  business enterprise program

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

  Section 1. Subdivision 13 of section 310  of  the  executive  law,  as
amended  by chapter 506 of the laws of 2009, is amended and a new subdi-
vision 24 is added to read as follows:
  13. "State contract" shall mean: (a) a written agreement  or  purchase
order  instrument,  providing for a total expenditure in excess of twen-
ty-five thousand dollars, whereby a contracting agency is  committed  to
expend  or does expend funds in return for labor, services including but
not  limited  to  legal,  financial  and  other  professional  services,
supplies,  equipment,  materials or any combination of the foregoing, to
be performed for, or rendered or furnished to  the  contracting  agency;
(b)  A WRITTEN AGREEMENT, PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS OF
FIVE THOUSAND DOLLARS, WHEREBY A  CONTRACTING  AGENCY  IS  COMMITTED  TO
EXPEND  OR  DOES  EXPEND FUNDS IN RETURN FOR PROFESSIONAL SERVICES TO BE
PERFORMED FOR, OR RENDERED OR FURNISHED TO THE CONTRACTING AGENCY; (C) a
written agreement in excess of one hundred thousand  dollars  whereby  a
contracting  agency  is committed to expend or does expend funds for the
acquisition, construction,  demolition,  replacement,  major  repair  or
renovation  of  real  property and improvements thereon; and [(c)] (D) a
written agreement in excess of one hundred thousand dollars whereby  the
owner of a state assisted housing project is committed to expend or does
expend funds for the acquisition, construction, demolition, replacement,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00346-02-6

S. 1115--A                          2

major repair or renovation of real property and improvements thereon for
such project.
  24.  "PROFESSIONAL  SERVICES"  SHALL MEAN THE PROVISION OF SERVICE FOR
WHICH THE PROVIDER OF SUCH SERVICE IS REQUIRED TO HOLD A LICENSE  ISSUED
PURSUANT  TO  TITLE EIGHT OF THE EDUCATION LAW OR ARTICLE FIFTEEN OF THE
JUDICIARY LAW.
  S 2.  Paragraphs (d), (e) and (f) of subdivision 3 of section  311  of
the  executive  law,  paragraphs (d) and (e) as amended by chapter 55 of
the laws of 1992 and paragraph (f) as added by chapter 261 of  the  laws
of 1988, are amended to read as follows:
  (d)  to  review  periodically  the  practices  and  procedures of each
contracting agency with respect to compliance  with  the  provisions  of
this  article,  and  to  require  them to file periodic reports with the
division of minority and women's business development as to the level of
minority and  women-owned  business  enterprises  participation  in  the
awarding  of agency contracts for goods [and], services AND PROFESSIONAL
SERVICES;
  (e) on January first of each year  report  to  the  governor  and  the
chairpersons  of  the senate finance and assembly ways and means commit-
tees on the level  of  minority  and  women-owned  business  enterprises
participating  in  each agency's contracts for goods [and], services AND
PROFESSIONAL SERVICES and on activities of the office and effort by each
contracting agency to promote employment of minority group  members  and
women, and to promote and increase participation by certified businesses
with respect to state contracts and subcontracts so as to facilitate the
award  of  a fair share of state contracts to such businesses. The comp-
troller shall assist the  division  in  collecting  information  on  the
participation  of  certified  business for each contracting agency. Such
report may recommend new  activities  and  programs  to  effectuate  the
purposes of this article;
  (f) to prepare and update periodically a directory of certified minor-
ity and women-owned business enterprises which shall, wherever practica-
ble,  be  divided  into  categories  of  labor,  services,  PROFESSIONAL
SERVICES, supplies, equipment,  materials  and  recognized  construction
trades  and  which  shall indicate areas or locations of the state where
such enterprises are available to perform services;
  S 3. Paragraph (a) of subdivision 1 of section 312-a of the  executive
law,  as  amended  by  section  1 of part Q of chapter 58 of the laws of
2015, is amended to read as follows:
  (a) to determine whether there is a disparity between  the  number  of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services, PROFESSIONAL SERVICES
and construction, and the number of such contractors actually engaged to
perform such contracts, and to determine what changes, if any, should be
made  to  state  policies  affecting  minority  and women-owned business
enterprises; and
  S 4. Paragraphs (j) and (k) of subdivision 1 of  section  313  of  the
executive  law, as added by chapter 175 of the laws of 2010, are amended
and two new paragraphs (l) and (m) are added to read as follows:
  (j) overall agency total dollar value  of  procurement  for  certified
women-owned  business  enterprises:  twelve  and  thirty-nine hundredths
percent; [and]
  (k) overall agency total dollar value  of  procurement  for  certified
minority,  women-owned business enterprises: twenty-eight and ninety-two
hundredths percent[.];

S. 1115--A                          3

  (L) PROFESSIONAL SERVICES FOR CERTIFIED MINORITY-OWNED BUSINESS ENTER-
PRISES: FIFTEEN PERCENT; AND
  (M)  PROFESSIONAL  SERVICES  FOR CERTIFIED WOMEN-OWNED BUSINESS ENTER-
PRISES: FIFTEEN PERCENT.
  S 5. Section 313-a of the executive law, as added by  chapter  175  of
the laws of 2010, is amended to read as follows:
  S  313-a. Diversity practices of state contractors. The director shall
promulgate rules and regulations setting forth measures  and  procedures
to  require  all  contracting  agencies, where practicable, feasible and
appropriate, to assess the diversity practices of contractors submitting
bids or proposals in connection with the award of a state contract. Such
rules and regulations shall take into account: the nature of the  labor,
services,  PROFESSIONAL SERVICES, supplies, equipment or materials being
procured by the state agency; the method of procurement required  to  be
used  by  a  state  agency to award the contract and minority and women-
owned business utilization plans required to be  submitted  pursuant  to
sections  three  hundred twelve and three hundred thirteen of this arti-
cle; and such other factors as the director deems appropriate or  neces-
sary to promote the award of state contracts to contractors having sound
diversity  practices.  Such  assessment  shall not in any way permit the
automatic rejection of a bid or procurement contract proposal  based  on
lack  of adherence to diversity practices. Each bid or proposal shall be
analyzed on an individual  per  bid  or  per  proposal  basis  with  the
contractor's  diversity  practices  considered as only a part of a wider
consideration of several factors when deciding to award  or  decline  to
award  a bid or proposal. The director shall develop the rules and regu-
lations required  hereunder  only  after  consultation  with  the  state
procurement  council established by section one hundred sixty-one of the
state finance law.
  S 6. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided that the
amendments to article 15-A of the executive law made  by  sections  one,
two,  three,  four and five of this act, shall not affect the expiration
of such article and shall expire  therewith.  Provided,  further,  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 completed on or before such date.

senate Bill S3470

2015-2016 Legislative Session

Relates to sanctions for driving while ability impaired while holding a conditional license

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 transportation
Feb 10, 2015 referred to transportation

S3470 - Bill Details

See Assembly Version of this Bill:
A6986
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S7171, S742, A6489
2011-2012: A850A, S526A
2009-2010: A11660, S5141A

S3470 - Bill Texts

view summary

Relates to sanctions for driving while ability impaired while holding a conditional license.

view sponsor memo
BILL NUMBER:S3470

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to sanctions
for driving while ability impaired while holding a conditional license

PURPOSE:

Requires judicial discretion for the issuance of a conditional
license.

SUMMARY OF PROVISIONS:

Section. 1. provides for judicial consent at the time of issuance of a
conditional license.

Section 2. Effective date

JUSTIFICATION:

Currently 30 days following arraignment of a Driving While Intoxicated
charge offenders receive a conditional license granting them the
privilege to again operate a motor vehicle. The only provision to
disqualify a person from receiving a conditional license is if that
offender was enrolled in a Drinking Driver Program within the last
five years.

On February 22, 2009 Suffolk County police Officer Glen Ciano was
killed after being hit by a vehicle driven by Jose Borbon, who earlier
in the year was charged with Driving While Intoxicated. Due to
lackadaisical process in which conditional licenses are issued, Jose
Borbon's privilege to operate a motor vehicle was reinstated just 30
days following his original Driving While Intoxicated Charge.

This legislation will require each case be reviewed on a case by case
basis to ensure that the licensee does not in fact pose a threat to
society by temporarily receiving a conditional license.

LEGISLATIVE HISTORY:

2014: S7171 Referred to Transportation/A.6489 Referred to
Transportation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

One year after it shall have become law.

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

                                  3470

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  sanctions
  for driving while ability impaired while holding a conditional license

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

  Section 1. Clause d of subparagraph 7 of paragraph (e) of  subdivision
2  of section 1193 of the vehicle and traffic law, as amended by chapter
251 of the laws of 2007, is amended to read as follows:
  d. Notwithstanding any contrary provision  of  this  chapter,  if  any
suspension  occurring  under  this subparagraph has been in effect for a
period of thirty days, [the holder may be issued]  THE  DEPARTMENT  MAY,
WITH  THE  CONSENT OF THE COURT, ISSUE a conditional license, in accord-
ance with section eleven hundred ninety-six of  this  article,  provided
the  holder of such license is otherwise eligible to receive such condi-
tional license. A conditional license issued pursuant to  this  subpara-
graph  shall  not be valid for the operation of a commercial motor vehi-
cle. The commissioner shall prescribe by regulation the  procedures  for
the issuance of such conditional license.
  S  2. This act shall take effect one year after it shall have become a
law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02098-01-5

senate Bill S4734

2015-2016 Legislative Session

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to the widow of Lawrence L. Allen

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 07, 2016 print number 4734a
amend and recommit to civil service and pensions
Jan 06, 2016 referred to civil service and pensions
Apr 13, 2015 referred to civil service and pensions

Bill Amendments

S4734
S4734A
S4734
S4734A

S4734 - Bill Details

See Assembly Version of this Bill:
A6985
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5273, A7464
2011-2012: S4148, A6483
2009-2010: S3143, A6653

S4734 - Bill Texts

view summary

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to Christine M. Allen, the widow of Lawrence L. Allen, if she shall file an application for such benefits with the retirement board of such retirement system.

view sponsor memo
BILL NUMBER:S4734

TITLE OF BILL: An act to authorize the payment of ordinary disability
retirement benefits by the New York state teachers' retirement system
to the widow of Lawrence L. Allen

PURPOSE: This legislation, if enacted, will provide Christine M.
Allen, the widow and beneficiary of Lawrence Allen, with the ordinary
disability retirement death benefit she would have received if Mr.
Allen's application for an ordinary disability retirement had been
processed by the teachers' retirement system prior to his death.

SUMMARY OF PROVISIONS:

Section one authorizes Christine Allen to re-file an application for
an ordinary disability retirement on behalf of her husband. It also
states that said application shall be deemed to have become effective
on March 18, 1999, the date the original application was signed and
notarized and that Mrs. Allen shall be paid all the retirement
benefits she is entitled as her husband's designated beneficiary.

Section two contains the effective date.

JUSTIFICATION: Lawrence L. Allen, a tier I member of the teachers'
retirement system and a teacher at Lake George High School became
gravely ill in early 1999. On March 18, 1999, Mr. Allen signed in the
presence of a notary public an application for an ordinary disability
retirement while designating his wife, Christine M. Allen, as his
beneficiary. Unfortunately, Mr. Allen died on March 19, 1999 before
his application was received or processed by the teachers' retirement
system. This legislation will authorize Mrs. Allen to re-file and the
teachers' retirement system to accept an application for an ordinary
disability retirement on behalf of Mr. Allen deemed to have been in
effect as of March 18, 1999.

Enacting this legislation will recognize the intent of Mr. Allen's
actions prior to his premature death and insure that a technicality
will not keep Mrs. Allen from the receiving the full death benefit she
is entitled. Any death benefit paid to Mrs. Allen as a consequence of
this legislation would be in lieu of any other death benefit.

LEGISLATIVE HISTORY: 2011: S.4148 Civil Service and Pension
2009-10: S.3143 Civil Service and Pension;
A.6654 Held for Consideration in Governmental Employees 2008:
S.2941-A Passed Senate; A.5356-A Ways & Means 2007: S.2941 Passed
Senate; A.5356-Governmental Employees 2005-06: S.1756 Passed Senate;
A.4228-A Ways & Means 2003-04: S.2629A Passed Senate 2002: S.7154
Passed Senate

FISCAL IMPLICATIONS: The cost for this benefit is equal to the
increase in the present value of benefits, which is estimated to be
$260,000.

EFFECTIVE DATE: Immediately.

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

                                  4734

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 13, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to authorize the payment of ordinary disability retirement  bene-
  fits by the New York state teachers' retirement system to the widow of
  Lawrence L.  Allen

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

  Section 1. Notwithstanding any other provision of law to the contrary,
Christine M. Allen, the widow of Lawrence L. Allen, who was a member  of
the  New York state teachers' retirement system, who prior to his death,
in the presence of a notary public, completed and mailed an  application
for  an ordinary disability retirement and a retirement election form to
the New York state teachers' retirement system, and who died before  the
application  was  received  by  the  New York state teachers' retirement
system, shall be authorized to re-file such application and election  on
behalf  of  her deceased husband, if within 1 year of the effective date
of this act she shall file a request therefor with the retirement  board
of the New York state teachers' retirement system.  Such application for
an  ordinary  disability retirement and retirement option election shall
be deemed to have become effective on March  18,  1999.  All  retirement
benefits payable pursuant to the provisions of this act shall be paid to
Christine  M.  Allen  and  shall  be in lieu of any other death benefits
payable.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would allow Christine M. Allen, the  widow  of  Lawrence  L.
Allen who was a Tier 1 member of the New York State Teachers' Retirement
System  who  had applied for a disability retirement and died before the
application was received by the  New  York  State  Teachers'  Retirement
System,  to  re-file such application on behalf of her deceased husband.
She must file a request with the head of the New  York  State  Teachers'

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06419-02-5

S. 4734                             2

Retirement  System  within  one  year of the effective date of this act.
Such application for disability  retirement  shall  be  deemed  to  have
become  effective on March 18, 1999, and the death benefit payable would
therefore  be in accordance with the option election, and not the active
member death benefit. The benefit payable pursuant to the provisions  of
this  bill  shall  be  paid  to Christine M. Allen and be in lieu of any
other death benefit.
  The cost for this benefit is equal to  the  increase  in  the  present
value of benefits, which is estimated to be $260,000.
  Employee data from the System's most recent actuarial valuation files,
consisting  of  data provided by the employers to the Retirement System.
Data distributions and statistics can be found in the  System's  Compre-
hensive Annual Financial Report (CAFR). System assets are as reported in
the  System's  financial  statements, and can also be found in the CAFR.
Actuarial assumptions and methods are provided in the System's Actuarial
Valuation Report.
  The source of this estimate is Fiscal Note  2015-25  dated  April  10,
2015  prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2015 Legislative Session.
I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
Retirement  System.  I  am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of  Actu-
aries to render the actuarial opinion contained herein.

S4734A - Bill Details

See Assembly Version of this Bill:
A6985
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5273, A7464
2011-2012: S4148, A6483
2009-2010: S3143, A6653

S4734A - Bill Texts

view summary

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to Christine M. Allen, the widow of Lawrence L. Allen, if she shall file an application for such benefits with the retirement board of such retirement system.

view sponsor memo
BILL NUMBER: S4734A

TITLE OF BILL : An act to authorize the payment of ordinary
disability retirement benefits by the New York state teachers'
retirement system to the widow of Lawrence L. Allen

PURPOSE :

This legislation, if enacted, will provide Christine M. Allen, the
widow and beneficiary of Lawrence Allen, with the ordinary disability
retirement death benefit she would have received if Mr. Allen's
application for an ordinary disability retirement had been processed
by the teachers' retirement system prior to his death.

SUMMARY OF PROVISIONS :

Section one authorizes Christine Allen to re-file an application for
an ordinary disability retirement on behalf of her husband. It also
states that said application shall be deemed to have become effective
on March 18, 1999, the date the original application was signed and
notarized and that Mrs. Allen shall be paid all the retirement
benefits she is entitled as her husband's designated beneficiary.

Section two contains the effective date.

JUSTIFICATION :

Lawrence L. Allen, a tier I member of the teachers' retirement system
and a teacher at Lake George High School became gravely ill in early
1999. On March 18, 1999, Mr. Allen signed in the presence of a notary
public an application for an ordinary disability retirement while
designating his wife, Christine M. Allen, as his beneficiary.
Unfortunately, Mr. Allen died on March 19, 1999 before his application
was received or processed by the teachers' retirement system. This
legislation will authorize Mrs. Allen to re-file and the teachers'
retirement system to accept an application for an ordinary disability
retirement on behalf of Mr. Allen deemed to have been in effect as of
March 18, 1999.

Enacting this legislation will recognize the intent of Mr. Allen's
actions prior to his premature death and insure that a technicality
will not keep Mrs. Allen from the receiving the full death benefit she
is entitled. Any death benefit paid to Mrs. Allen as a consequence of
this legislation would be in lieu of any other death benefit.

LEGISLATIVE HISTORY :

2011:S. 4148 Civil Service and Pension
2009-10: 5.3143 Civil Service and Pension; A.6654 Held for
Consideration in Governmental Employees
2008: S.2941-A Passed Senate; A.5356-A Ways & Means
2007:S.2941 Passed Senate; A.5356-Governmental Employees
2005-06: S.1756 Passed Senate; A.4228-A Ways & Means
2003-04: S.2629A Passed Senate
2002: S.7154 Passed Senate

FISCAL IMPLICATIONS :

The cost for this benefit is equal to the increase in the present
value of benefits, which is estimated to be $260,000.

EFFECTIVE DATE :
Immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4734--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 13, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to authorize the payment of ordinary disability retirement bene-
  fits by the New York state teachers' retirement system to the widow of
  Lawrence L.  Allen

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

  Section 1. Notwithstanding any other provision of law to the contrary,
Christine  M. Allen, the widow of Lawrence L. Allen, who was a member of
the New York state teachers' retirement system, who prior to his  death,
in  the presence of a notary public, completed and mailed an application
for an ordinary disability retirement and a retirement election form  to
the  New York state teachers' retirement system, and who died before the
application was received by the  New  York  state  teachers'  retirement
system,  shall be authorized to re-file such application and election on
behalf of her deceased husband, if within 1 year of the  effective  date
of  this act she shall file a request therefor with the retirement board
of the New York state teachers' retirement system.  Such application for
an ordinary disability retirement and retirement option  election  shall
be  deemed  to  have  become effective on March 18, 1999. All retirement
benefits payable pursuant to the provisions of this act shall be paid to
Christine M. Allen and shall be in lieu  of  any  other  death  benefits
payable.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  allow  Christine M. Allen, the widow of Lawrence L.
Allen who was a Tier 1 member of the New York State Teachers' Retirement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06419-06-6

S. 4734--A                          2

System who had applied for a disability retirement and died  before  the
application  was  received  by  the  New York State Teachers' Retirement
System, to re-file such application on behalf of her  deceased  husband.
She  must  file  a request with the head of the New York State Teachers'
Retirement System within one year of the effective  date  of  this  act.
Such  application  for  disability  retirement  shall  be deemed to have
become effective on March 18, 1999, and the death benefit payable  would
therefore  be in accordance with the option election, and not the active
member death benefit. The benefit payable pursuant to the provisions  of
this  bill  shall  be  paid  to Christine M. Allen and be in lieu of any
other death benefit.
  The cost for this benefit is equal to  the  increase  in  the  present
value of benefits, which is estimated to be $260,000.
  Employee  data  is  from  the System's most recent actuarial valuation
files, consisting of data provided by the employers  to  the  Retirement
System.   Data distributions and statistics can be found in the System's
Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
reported  in the System's financial statements, and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
  The source of this estimate is Fiscal Note 2016-16 dated March 4, 2016
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2016 Legislative Session.
I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American  Academy  of  Actuaries
and  I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.

senate Bill S4779

2015-2016 Legislative Session

Includes certified nursing assistants in provisions of law relating to restrictions on consecutive hours of work

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 labor
Apr 15, 2015 referred to labor

Co-Sponsors

S4779 - Bill Details

See Assembly Version of this Bill:
A1836
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §167, Lab L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1054, A1403
2011-2012: S159, A1744
2009-2010: S4520B, A10072

S4779 - Bill Texts

view summary

Includes certified nursing assistants in provisions of law relating to restrictions on consecutive hours of work.

view sponsor memo
BILL NUMBER:S4779

TITLE OF BILL: An act to amend the labor law, in relation to
including certified nursing assistants in provisions of law relating
to restrictions on consecutive hours of work

PURPOSE: To include certified nursing assistants in provisions of law
relating to restrictions on consecutive hours of work.

SUMMARY OF PROVISIONS:

Section 1 adds certified nursing assistant to new paragraph d of
subdivision 1 of section 167 of the labor law, as added by chapter 433
of the laws of 2008.

JUSTIFICATION: In 2008 legislation was chaptered that limited
consecutive hours of work by registered nurses and licensed practical
nurses. This bill would include mandatory overtime for certified
nursing assistants also. CNAs work in a demanding, stressful
environment where proper decision-making is part of the job. Under
staffing has resulted in CNAs having to work longer hours caring for
sicker, more needy patients with very little rest. CNAs deserve to be
included in the mandatory overtime statute the same as the RNs and
LPNs so they can do their jobs to the best of their ability without it
affecting patient care.

BILL HISTORY: S.1054 of 2013-2014; Referred to Labor Committee
S.159/A.1744 of 2011-2012; Committed to Rules S.4520B of 2009-2010;
Reported and Committed to Codes

FISCAL IMPLICATIONS: The use of overtime to address staffing needs
has resulted in increased overtime costs. This bill should result in
additional new hires reducing the amount of overtime.

EFFECTIVE DATE: The act shall take effect on the ninetieth day after
it shall become law.

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

                                  4779

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to including certified  nurs-
  ing  assistants  in  provisions  of  law  relating  to restrictions on
  consecutive hours of work

  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 167 of the labor
law, as added by chapter 493 of the laws of 2008, is amended and  a  new
paragraph d is added to read as follows:
  b.  "Nurse"  shall  mean a registered professional nurse or a licensed
practical nurse as defined by article one  hundred  thirty-nine  of  the
education  law  who provides direct patient care, OR A CERTIFIED NURSING
ASSISTANT AS DEFINED IN THIS SUBDIVISION.
  D. "CERTIFIED NURSING ASSISTANT" SHALL MEAN A PERSON WHO HAS  SUCCESS-
FULLY  COMPLETED  A  NURSE  AIDE  TRAINING  AND/OR COMPETENCY EVALUATION
PROGRAM ADMINISTERED BY THE DEPARTMENT OF  HEALTH  AND/OR  IS  CURRENTLY
LISTED IN THE NURSE AIDE REGISTRY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01568-01-5

senate Bill S3196

2015-2016 Legislative Session

Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2016 print number 3196a
amend and recommit to aging
Jan 06, 2016 referred to aging
Feb 03, 2015 referred to aging

Bill Amendments

S3196
S3196A
S3196
S3196A

Co-Sponsors

S3196 - Bill Details

See Assembly Version of this Bill:
A58
Current Committee:
Senate Aging
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467-b, RPT L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S637, A5274
2011-2012: S1224, A1526
2009-2010: S1742A, A1260A

S3196 - Bill Texts

view summary

Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling.

view sponsor memo
BILL NUMBER:S3196

TITLE OF BILL: An act to amend the real property tax law, in relation
to tax abatement for rent-controlled and rent regulated property
occupied by senior citizens or persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL: Makes rent re-determinations under
the Senior Citizen Rent Increase Exemption Program (SCRIE) and the
Disability Rent Increase Exemption Program (DRIE) retroactive to the
time of the decrease in income of the household.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph g of subdivision 3 of
section 467b of the real property law as amended by section 1 of
chapter 188 of the laws of 2005 is amended.

When a re-determination of the adjusted rent has been made pursuant to
this paragraph, such re-determination shall be made retroactive to the
date there was a permanent decrease in the combined income of all
members of the household.

JUSTIFICATION: The SCRIE and DRIE programs provide exemption for low
income senior citizen and disabled tenants from certain rent
increases. Senior citizens and disabled citizens who lose an income
earning spouse and have been benefiting from the SCRIE or DRIE
programs, are entitled to a redetermination of their rent based on
their now lower income.

Unfortunately, because the re-determination process takes time,
widowed seniors or persons with disabilities may be left paying a
higher rent than they can now afford. This legislation makes the lower
re-determined rent retroactive to the date of the loss of income,
allowing widowed, low income seniors or persons with disabilities to
maintain their apartments.

PRIOR LEGISLATIVE HISTORY: This bill was previously introduced.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately; provided that
the amendments to section 467-b of the real property tax law made by
this section shall not affect the expiration of such section pursuant
to section 17 of chapter 576 of the laws of 1974, as amended, and
shall be deemed to expire therewith.

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

                                  3196

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the real property tax law, in relation to tax  abatement
  for  rent-controlled  and  rent  regulated property occupied by senior
  citizens or persons with disabilities

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

  Section  1.  Paragraph g of subdivision 3 of section 467-b of the real
property tax law, as amended by section 1 of chapter 188 of the laws  of
2005, is amended to read as follows:
  g. notwithstanding any other provision of law to the contrary, where a
head  of  the household holds a current, valid tax abatement certificate
and, after the effective date of this paragraph, there  is  a  permanent
decrease  in  the  combined income of all members of the household in an
amount which exceeds twenty percent of such  income  as  represented  in
such  head of the household's last approved application for a tax abate-
ment certificate or for renewal thereof, such head of the household  may
apply for a redetermination of the amount set forth therein. Upon appli-
cation,  such  amount  shall  be  redetermined so as to re-establish the
ratio of adjusted rent to income which existed at the time  of  approval
of  such  head  of  the household's last application for a tax abatement
certificate or for renewal thereof; provided, however, that in no  event
shall  the  amount of the adjusted rent be redetermined to be (i) in the
case of a head of the household who does not receive a monthly allowance
for shelter pursuant to the social services law, less than one-third  of
the combined income of all members of the household; or (ii) in the case
of  a head of the household who receives a monthly allowance for shelter
pursuant to the social services law, less than the maximum allowance for
shelter which such head of the household is entitled to receive pursuant
to such law.  WHEN A REDETERMINATION OF THE ADJUSTED RENT HAS BEEN  MADE
PURSUANT  TO THIS PARAGRAPH, SUCH REDETERMINATION SHALL BE MADE RETROAC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00631-01-5

S. 3196                             2

TIVE TO THE DATE ON WHICH THERE WAS A PERMANENT DECREASE IN THE COMBINED
INCOME OF ALL MEMBERS OF THE HOUSEHOLD. For purposes of this  paragraph,
a  decrease in the combined income of all members of the household shall
not  include  any  decrease  in such income resulting from the manner in
which income is calculated pursuant to any amendment to paragraph  c  of
subdivision  one  of this section made on or after April first, nineteen
hundred eighty-seven. For purposes of this  paragraph,  "adjusted  rent"
shall  mean  maximum  rent  or  legal regulated rent less the amount set
forth in a tax abatement certificate.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to  section  467-b of the real property tax law made by
section one of this act shall not affect the expiration of such  section
pursuant  to  section 17 of chapter 576 of the laws of 1974, as amended,
and shall be deemed to expire therewith.

Co-Sponsors

S3196A - Bill Details

See Assembly Version of this Bill:
A58
Current Committee:
Senate Aging
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467-b, RPT L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S637, A5274
2011-2012: S1224, A1526
2009-2010: S1742A, A1260A

S3196A - Bill Texts

view summary

Makes reclassification of rent controlled dwelling retroactive to time of decrease in income of members of household of dwelling.

view sponsor memo
BILL NUMBER: S3196A

TITLE OF BILL :

An act to amend the real property tax law, in relation to tax
abatement for rent-controlled and rent regulated property occupied by
senior citizens or persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL :

Makes rent re-determinations under the Senior Citizen Rent Increase
Exemption Program (SCRIE) and the Disability Rent Increase Exemption
Program (DRIE) retroactive to the time of the decrease in income of
the household.

SUMMARY OF SPECIFIC PROVISIONS :

Paragraph g of subdivision 3 of section 467b of the real property law
as amended by chapter 553 of the laws of 2015 is amended.

When a re-determination of the adjusted rent has been made pursuant to
this paragraph, such re-determination shall be made retroactive to the
date there was a permanent decrease in the combined income of all
members of the household.

JUSTIFICATION :

The SCRIE and DRIE programs provide exemption for low income senior
citizen and disabled tenants from certain rent increases. Senior
citizens and disabled citizens who lose an income earning spouse and
have been benefiting from the SCRIE or DRIE programs, are entitled to
a redetermination of their rent based on their now lower income.

Unfortunately, because the re-determination process takes time,
widowed seniors or persons with disabilities may be left paying a
higher rent than they can now afford. This legislation makes the lower
re-determined rent retroactive to the date of the loss of income,
allowing widowed, low income seniors or persons with disabilities to
maintain their apartments.

PRIOR LEGISLATIVE HISTORY :

This bill was previously introduced.

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
This act shall take effect immediately; provided that the amendments
to section 467-b of the real property tax law made by section one of
this act shall not affect the expiration of such section pursuant to
section 17 of chapter 576 of the laws of 1974, as amended, and shall
be deemed to expire therewith.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3196--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sens. STAVISKY, AVELLA, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Aging --
  recommitted to the Committee on Aging in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to tax  abatement
  for  rent-controlled  and  rent  regulated property occupied by senior
  citizens or persons with disabilities

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

  Section  1.  Paragraph g of subdivision 3 of section 467-b of the real
property tax law, as amended by chapter 553 of  the  laws  of  2015,  is
amended to read as follows:
  g. notwithstanding any other provision of law to the contrary, where a
head  of  the household holds a current, valid tax abatement certificate
and, after the effective date of this paragraph, there  is  a  permanent
decrease  in  the  combined income of all members of the household in an
amount which exceeds twenty percent of such  income  as  represented  in
such  head of the household's last approved application for a tax abate-
ment certificate or for renewal thereof, such head of the household  may
apply for a redetermination of the amount set forth therein. Upon appli-
cation,  such  amount  shall  be  redetermined so as to re-establish the
ratio of adjusted rent to income which existed at the time  of  approval
of  such  head  of  the household's last application for a tax abatement
certificate or for renewal thereof; provided, however, that in no  event
shall  the  amount of the adjusted rent be redetermined to be (i) in the
case of a head of the household who does not receive a monthly allowance
for shelter pursuant to the social services law, less than one-third  of
the  combined income of all members of the household unless such head of
the household has been granted a rent increase exemption order  that  is
in  effect  as of January first, two thousand fifteen or takes effect on

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00631-02-6

S. 3196--A                          2

or before July first, two thousand fifteen; or (ii) in  the  case  of  a
head  of  the  household  who  receives  a monthly allowance for shelter
pursuant to the social services law, less than the maximum allowance for
shelter which such head of the household is entitled to receive pursuant
to  such law.  WHEN A REDETERMINATION OF THE ADJUSTED RENT HAS BEEN MADE
PURSUANT TO THIS PARAGRAPH, SUCH REDETERMINATION SHALL BE MADE  RETROAC-
TIVE TO THE DATE ON WHICH THERE WAS A PERMANENT DECREASE IN THE COMBINED
INCOME  OF ALL MEMBERS OF THE HOUSEHOLD. For purposes of this paragraph,
a decrease in the combined income of all members of the household  shall
not  include  any  decrease  in such income resulting from the manner in
which income is calculated pursuant to any amendment to paragraph  c  of
subdivision  one  of this section made on or after April first, nineteen
hundred eighty-seven. For purposes of this  paragraph,  "adjusted  rent"
shall  mean  maximum  rent  or  legal regulated rent less the amount set
forth in a tax abatement certificate.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to  section  467-b of the real property tax law made by
section one of this act shall not affect the expiration of such  section
pursuant  to  section 17 of chapter 576 of the laws of 1974, as amended,
and shall be deemed to expire therewith.

senate Bill S3175

2015-2016 Legislative Session

Provides that certain actions for injury caused by domestic violence may be commenced within two years

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 judiciary
Feb 03, 2015 referred to judiciary

Co-Sponsors

S3175 - Bill Details

See Assembly Version of this Bill:
A1929
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §215-a, CPLR
Versions Introduced in Previous Legislative Sessions:
2013-2014: S291, A1302
2011-2012: S840, A2090
2009-2010: S5681A, A8621A

S3175 - Bill Texts

view summary

Provides that certain actions for injury caused by domestic violence may be commenced within two years.

view sponsor memo
BILL NUMBER:S3175

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to the time within which certain actions for injury caused by
domestic violence may be commenced

PURPOSE OF BILL:

This bill would increase the statute of limitations for civil suits
related to injury caused by domestic violence to two years.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends civil practice law and rules to add a new
section 215-a relating to actions to recover damages for injuries
arising from acts of domestic violence. An action to recover damages
related to domestic violence shall be commenced within two years.
Adds that no criminal charge be brought or criminal conviction be
obtained as a condition of bringing a civil cause of action or
receiving a civil judgment. No rules governing a criminal procedure
are applicable to any such civil action.

JUSTIFICATION:

Currently, domestic violence incidents are treated the same way as
assault and civil suits which must be initiated within one year after
the incident. This does not take into consideration the highly
emotional and extremely difficult factors involved in domestic
violence situations. Various personal reasons often force victims to
delay for over a year to make the very difficult decision to end the
relationship. Unfortunately, under current law, the victim would be
barred from initiating a civil suit. This bill would recognize the
sensitive nature of domestic violence and afford victims an extra
year.

PRIOR LEGISLATIVE HISTORY:

This legislation was previously introduced.

FISCAL IMPLICATIONS FOR STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  3175

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  time  within  which  certain  actions  for  injury  caused by domestic
  violence may be commenced

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

  Section 1. The civil practice law and rules is amended by adding a new
section 215-a to read as follows:
  S  215-A.  ACTIONS  TO RECOVER DAMAGES FOR INJURY ARISING FROM ACTS OF
DOMESTIC VIOLENCE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
AN ACTION TO RECOVER DAMAGES FOR INJURY ARISING FROM AN ACT OF  DOMESTIC
VIOLENCE,  INCLUDING  DISORDERLY CONDUCT, HARASSMENT, MENACING, RECKLESS
ENDANGERMENT,  KIDNAPPING,  ASSAULT,  ATTEMPTED  ASSAULT,  OR  ATTEMPTED
MURDER,  COMMITTED  AGAINST  ANY  PERSON  OVER  THE  AGE OF SIXTEEN, ANY
MARRIED PERSON OR ANY PARENT ACCOMPANIED BY HIS OR HER  MINOR  CHILD  OR
CHILDREN  IN SITUATIONS IN WHICH SUCH PERSON OR SUCH PERSON'S CHILD IS A
VICTIM OF SUCH ACTS, SHALL BE COMMENCED WITHIN TWO YEARS.    NOTHING  IN
THIS  SECTION  SHALL  BE  CONSTRUED TO REQUIRE THAT A CRIMINAL CHARGE BE
BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF  BRINGING
A  CIVIL  CAUSE OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT TO THIS
SECTION OR BE CONSTRUED TO REQUIRE THAT ANY OF  THE  RULES  GOVERNING  A
CRIMINAL PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00413-01-5

senate Bill S3167

2015-2016 Legislative Session

Relates to payment for police services provided to the New York city housing authority

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 housing, construction and community development
Feb 03, 2015 referred to housing, construction and community development

Co-Sponsors

S3167 - Bill Details

See Assembly Version of this Bill:
A3864
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Public Housing Law
Laws Affected:
Amd §402, Pub Hous L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S470, A5343
2011-2012: S839, A3635
2009-2010: S3545, A8659

S3167 - Bill Texts

view summary

Provides that the New York city housing authority shall not be required to pay for police services provided to the New York city housing authority by the city of New York.

view sponsor memo
BILL NUMBER:S3167

TITLE OF BILL:

An act to amend the public housing law, in relation to police services
provided to the New York city housing authority

PURPOSE OR GENERAL IDEA OF BILL:

The New York City Housing Authority shall not be required to pay any
charges, assessments or other fees in connection with police patrols
provided to housing facilities by the New York City police department.

SUMMARY OF SPECIFIC PROVISIONS:

Section 402 of the public housing law is amended by adding a new
subdivisions 5-b:

(5-b) The New York City housing authority shall not be required to pay
any charges, assessments of other fees in connection with police
patrols provided to housing facilities by the new York city police
department. Any provision of any agreement, contract, memorandum of
understanding, or other arrangement by which the New York city housing
authority agrees or is required to pay any such charge, assessment or
other fee shall be null and void; provided that this subdivision shall
not affect or impair the effectiveness or enforceability of any other
provision of such agreement, contract, memorandum of understanding, or
other arrangement.

JUSTIFICATION:

Four hundred thousand residents, 5% of New York City's population,
live in NYCHA housing. This cash strapped agency should not have to
make cash payments to the city for basic services which are provided
through tax dollars. One public agency should not have to pay another
public agency to do what it should already be doing. Figures show
that NYCHA pays $73 million to the NYPD for patrol services. These
patrols often do not occur. Since 1994, NYCHA has paid the NYPD $1.2
billion. With NYCHA running a $200 million deficit every year, the
payments should be eliminated and residents should receive police
protection as do other residents.

PRIOR LEGISLATIVE HISTORY:

Previously introduced.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately.

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

                                  3167

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to amend the public housing law, in relation to police services
  provided to the New York city housing authority

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

  Section  1. Section 402 of the public housing law is amended by adding
a new subdivision 5-b to read as follows:
  5-B. THE NEW YORK CITY HOUSING AUTHORITY SHALL NOT BE REQUIRED TO  PAY
ANY CHARGES, ASSESSMENTS OR OTHER FEES IN CONNECTION WITH POLICE PATROLS
PROVIDED  TO  HOUSING FACILITIES BY THE NEW YORK CITY POLICE DEPARTMENT.
ANY PROVISION OF ANY AGREEMENT, CONTRACT, MEMORANDUM  OF  UNDERSTANDING,
OR OTHER ARRANGEMENT BY WHICH THE NEW YORK CITY HOUSING AUTHORITY AGREES
OR  IS REQUIRED TO PAY ANY SUCH CHARGE, ASSESSMENT OR OTHER FEE SHALL BE
NULL AND VOID; PROVIDED THAT THIS SUBDIVISION SHALL NOT AFFECT OR IMPAIR
THE EFFECTIVENESS OR ENFORCEABILITY  OF  ANY  OTHER  PROVISION  OF  SUCH
AGREEMENT, CONTRACT, MEMORANDUM OF UNDERSTANDING, OR OTHER ARRANGEMENT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02824-01-5

senate Bill S2781

2015-2016 Legislative Session

Enacts the climate change solutions program act

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 environmental conservation
Jan 29, 2015 referred to environmental conservation

Co-Sponsors

S2781 - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 §§19-1301 - 19-1313, amd §19-0301, En Con L; add §92-gg, St Fin L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4029
2011-2012: S896
2009-2010: S2347

S2781 - Bill Texts

view summary

Enacts the climate change solutions program act; relates to greenhouse gas emissions reduction programs and energy efficiency programs; establishes powers and duties of the commissioner of environmental conservation with respect to the climate change solutions program; establishes the climate change solutions fund.

view sponsor memo
BILL NUMBER:S2781

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing the climate change solutions program act; and to amend
the state finance law, in relation to establishing the climate change
solutions fund

PURPOSE:

This bill would create the Climate Change Solutions Fund with the
State Finance Law, receiving any funds raised from the auction of
emissions allowances, specifically those associated with the Regional
Greenhouse Gas Initiative (RGGI), primarily for the purposes of
supporting energy efficiency programs, as well as programs that
encourage the development of clean, renewable sources of energy, and
programs to advance the state's other air quality Goals.

SUMMARY OF PROVISIONS:

This bill would amend Article 19 of the Environmental Conservation Law
by adding a new Title 13 to create the Climate Change Solutions
Program Act, which would:

* Provide for detailed programmatic and financial reporting
requirements on the use of funds received from the auction of
emissions allowances;

* Establish a Greenhouse Gas Emissions Reduction Program within the
Department of Environmental Conservation (DEC) that would make state
assistance payments available, on a competitive basis, to
municipalities and not-for-profit corporations to install cogeneration
systems, purchase clean-fueled vehicles or retrofit existing vehicle
fleets to become clean-fueled vehicles, and retrofit existing furnaces
and boilers with high efficiency systems that meet certain
specifications;

* Establish a statutory Energy Efficiency Program within the New York
State Energy Research and Development Authority (NYSERDA) that would
make financial assistance available, on a competitive basis, to any
electric utility customer to undertake electric energy efficiency
projects, provided that priority would be given to projects that
result in the highest electricity savings or are conducted in lower
income communities;

* Establish a statutory Renewable Energy Development Program within
NYSERDA that would make financial assistance available, on a
competitive basis, to any electric utility customer to install or
operate technologies that convert energy sources such as solar, wind
or tidal energy into electricity;

* Establish a Clean Air Technology Program within NYSERDA that would
make state assistance payments available, on a competitive basis, to
municipalities to retrofit vehicles with best available emission
control devices;


* Establish the Climate Change Solutions Fund in the state finance law
and the following accounts within the Fund: a climate change transfer
account; a greenhouse gas emission reduction account; an energy
efficiency account; a renewable enemy development account; and a clean
air account;

* Authorize monies in the fund to be spent pursuant to a program
established by a new title II of article 19 of the environmental
conservation law. Revenues raised from the auction of any emissions
allowances by the Commissioner of the Department of Environmental
Conservation (DEC) would be deposited into the Climate Change
Solutions Fund;

JUSTIFICATION:

Global climate change threatens the environment, natural resources and
economy of New York State. In an effort to reduce its contribution to
global warming, the state has led the way in developing RGGI, a nine
state cap and trade program to stabilize and reduce carbon dioxide
emissions from electric generating facilities. In New York, one
hundred percent of its carbon dioxide emissions allowance budget will
be auctioned for consumer benefit.

This bill establishes a special revenue fund within the state finance
law to receive the proceeds of the auction and dedicates the funds for
specific environmental purposes established in a new title 11 of the
environmental conservation law.

Proceeds from these auctions should primarily be invested in energy
efficiency initiatives, as well as programs that increase the state's
investment in clean renewable sources of energy and programs that help
meet the state's other air quality goals. Increased investment in
energy efficiency will result in decreased local and statewide
electricity demand and protect New Yorkers from the harmful effects of
air pollution created by fossil fuel-fired power plants. These harmful
effects include asthma attacks and premature deaths in seniors,
increased levels of mercury contamination, destruction of our forest
ecosystems by acid rain, as well as wide ranging negative effects
associated with climate change. In addition, investment in energy
efficiency will drive down the cost of implementing the RGGI and its
impacts on consumer energy bills.

Estimates provided for the states implementing RGGI show that doubling
energy efficiency spending would reduce annual household bills in the
region by $66 in 2015 and by $109 in 2021. Dedicating these funds for
the purposes outlined in this bill will ensure that New Yorkers
realize the maximum public benefit from RGGI.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately


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

                                  2781

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing the climate change solutions program act;  and  to  amend
  the  state finance law, in relation to establishing the climate change
  solutions fund

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

  Section  1.    Article  19  of  the  environmental conservation law is
amended by adding a new title 13 to read as follows:
                                TITLE 13
                  CLIMATE CHANGE SOLUTIONS PROGRAM ACT
SECTION 19-1301. SHORT TITLE.
        19-1303. DEFINITIONS.
        19-1305. POWERS AND DUTIES OF THE COMMISSIONER.
        19-1307. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
        19-1309. ENERGY EFFICIENCY PROGRAM.
        19-1311. RENEWABLE ENERGY DEVELOPMENT PROGRAM.
        19-1313. CLEAN AIR TECHNOLOGY PROGRAM.
S 19-1301. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AND MAY  BE  CITED  AS  THE  CLIMATE  CHANGE
SOLUTIONS PROGRAM ACT.
S 19-1303. DEFINITIONS.
  AS USED IN THIS TITLE:
  1.  "AUTHORITY"  SHALL  MEAN THE STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, CONTINUED BY SECTION EIGHTEEN HUNDRED FIFTY-TWO OF THE PUBLIC
AUTHORITIES LAW.
  2.  "MUNICIPALITY"  MEANS  A  COUNTY,  CITY,  TOWN,  VILLAGE,   SCHOOL
DISTRICT,  OR  INDIAN TRIBE OR NATION RESIDING WITHIN NEW YORK STATE, OR
ANY COMBINATION THEREOF.
  3. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT TO
THE NOT-FOR-PROFIT CORPORATION LAW AND QUALIFIED FOR  TAX-EXEMPT  STATUS
UNDER THE FEDERAL INTERNAL REVENUE CODE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05550-01-5

S. 2781                             2

  4. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF MONIES BY THE STATE FOR
PROJECTS  AUTHORIZED  BY  THE  CLIMATE CHANGE SOLUTIONS FUND PURSUANT TO
SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW.
S 19-1305. POWERS AND DUTIES OF THE COMMISSIONER.
  IN ADMINISTERING THE PROVISIONS OF THIS TITLE, THE COMMISSIONER:
  1.  SHALL  MAKE  AN  ITEMIZED  ESTIMATE  OF  FUNDS  OR  APPROPRIATIONS
REQUESTED ANNUALLY FOR INCLUSION IN THE EXECUTIVE BUDGET;
  2. MAY, IN THE NAME OF THE STATE,  AS  FURTHER  PROVIDED  WITHIN  THIS
TITLE, CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATIONS AVAIL-
ABLE  THEREFOR, STATE ASSISTANCE PAYMENTS TO MUNICIPALITIES AND NOT-FOR-
PROFIT CORPORATIONS TOWARD THE COST OF ELIGIBLE ACTIVITIES  PURSUANT  TO
THIS  TITLE.  SUCH  CONTRACTS  SHALL BE SUBJECT TO APPROVAL BY THE STATE
COMPTROLLER AND, AS TO FORM, BY THE ATTORNEY GENERAL;
  3. SHALL APPROVE  VOUCHERS  FOR  THE  PAYMENTS  PURSUANT  TO  APPROVED
CONTRACTS.  ALL  SUCH PAYMENTS SHALL BE PAID ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER;
  4. NO LATER THAN THIRTY DAYS AFTER THE END OF EACH CALENDAR YEAR,  THE
COMMISSIONER  SHALL  REPORT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON  THE
IMPLEMENTATION  OF  THE  CLIMATE CHANGE SOLUTIONS PROGRAM AND SHALL MAKE
SUCH REPORT AVAILABLE ON THE DEPARTMENT'S WEBSITE.  THE  DEPARTMENT  MAY
CONSULT  OTHER  STATE  DEPARTMENTS,  AGENCIES AND PUBLIC AUTHORITIES FOR
INFORMATION AS MAY BE REQUIRED IN THE PREPARATION  OF  SUCH  REPORT  AND
SUCH  STATE  DEPARTMENTS AND AGENCIES AND AUTHORITIES SHALL PROVIDE DATA
AND ASSISTANCE AS APPROPRIATE. SUCH REPORT SHALL INCLUDE:
  A. AN ASSESSMENT OF THE EFFECTIVENESS OF THE  PROGRAM,  INCLUDING  THE
ESTIMATED   GREENHOUSE  GAS  REDUCTION  RESULTING  FROM  THE  ACTIVITIES
DESCRIBED IN THIS TITLE, THE ESTIMATED IMPACT ON CONSUMER  ELECTRIC  AND
HEATING BILLS, AND THE PROGRAM'S OVERALL IMPACT ON ENERGY DEMAND;
  B. A DETAILED LISTING OF FUND RECEIPTS INCLUDING:
  (I) ALLOWANCE TRADING PRICES,
  (II) TOTAL QUARTERLY RECEIPTS,
  (III) TOTAL ANNUAL RECEIPTS, AND
  (IV) TOTAL LIFE-TO-DATE RECEIPTS;
  C. A DETAILED DESCRIPTION OF EXPENDITURES INCLUDING:
  (I) TOTAL APPROPRIATIONS,
  (II) TOTAL PROJECT COSTS,
  (III) TOTAL COMMITMENTS,
  (IV) TOTAL OUTSTANDING ENCUMBRANCES,
  (V) TOTAL YEAR-TO-DATE DISBURSEMENTS,
  (VI) TOTAL LIFE-TO-DATE DISBURSEMENTS, AND
  (VII) THE TOTAL REMAINING UNCOMMITTED FUND BALANCE; AND
  5. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER
OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS TITLE.
S 19-1307. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
  1. AS USED IN THIS SECTION:
  A.  "CLEAN-FUELED  VEHICLE" SHALL MEAN ANY MOTOR VEHICLE AS DEFINED IN
SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE  AND  TRAFFIC  LAW,  THAT
USES  ELECTRICITY,  INCLUDING  ELECTRICITY  EITHER  STORED  OR GENERATED
ON-BOARD, AS ITS PRIMARY MOTIVE FORCE, OR THAT IS FUELED BY NATURAL GAS,
PROPANE, OR HYDROGEN.
  B. "COSTS" MEAN  THE  CAPITAL  COST  OF  A  GREENHOUSE  GAS  EMISSIONS
REDUCTION PROJECT INCLUDING BUT NOT LIMITED TO ENGINEERING AND ARCHITEC-
TURAL  SERVICES, SURVEYS, PLANS AND SPECIFICATIONS; CONSULTANT AND LEGAL
SERVICES.

S. 2781                             3

  C. "GREENHOUSE GAS EMISSION REDUCTION PROJECTS" MEAN THE PURCHASE  AND
INSTALLATION OF GREENHOUSE GAS EMISSION REDUCTION TECHNOLOGIES.
  D.  "GREENHOUSE GAS EMISSION REDUCTION TECHNOLOGIES" SHALL INCLUDE BUT
NOT BE LIMITED TO:
  (I) COGENERATION TECHNOLOGIES, WHICH SHALL MEAN ANY ONE OF THE SEVERAL
TECHNOLOGIES WHEREIN WASTE HEAT FROM ON-SITE ELECTRIC GENERATION PROCESS
IS RECOVERED TO PROVIDE STEAM OR HOT WATER TO MEET ON-SITE  NEEDS,  SUCH
AS  HEATING  AND/OR  AIR  CONDITIONING  AND WHICH ATTAINS OVERALL SYSTEM
EFFICIENCY AS ESTABLISHED BY THE DEPARTMENT,  CONSIDERING  BOTH  THERMAL
AND ELECTRICAL PROCESSES TOGETHER;
  (II)  FURNACE AND BOILER REPLACEMENTS AND RETROFITS, PROVIDED THAT NEW
OR RETROFITTED FURNACES AND BOILERS SHALL NOT AT  ANY  TIME  OPERATE  ON
DIESEL FUEL WITH A SULFUR CONTENT GREATER THAN 0.05 PERCENT BY WEIGHT;
  (III)  THE  PURCHASE  OF  CLEAN  FUELED  VEHICLES OR THE CONVERSION OF
EXISTING VEHICLES TO CLEAN FUELED VEHICLES; AND
  (IV) OTHER MEASURES  THAT  WILL  REDUCE  THE  DEMAND  FOR  AND/OR  THE
CONSUMPTION  OF ENERGY, INCLUDING FUELS, AS DETERMINED BY THE DEPARTMENT
IN CONSULTATION WITH THE AUTHORITY.
  2. THE DEPARTMENT IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED, TO  MAKE
STATE ASSISTANCE PAYMENTS ON A COMPETITIVE BASIS FOR APPROVED GREENHOUSE
GAS  EMISSIONS  REDUCTION  PROJECTS TO MUNICIPALITIES AND NOT-FOR-PROFIT
CORPORATIONS.
  3. ANY MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION UPON APPROVAL OF ITS
GOVERNING BODY MAY SUBMIT AN APPLICATION TO THE DEPARTMENT IN SUCH  FORM
CONTAINING  SUCH  INFORMATION  AS  THE  DEPARTMENT MAY REQUIRE FOR STATE
ASSISTANCE PAYMENTS FOR THE COSTS OF GREENHOUSE GAS  EMISSION  REDUCTION
PROJECTS.
  4. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO
PROMOTE  AN  EQUITABLE REGIONAL DISTRIBUTION OF GREENHOUSE GAS REDUCTION
PROJECTS, PROVIDED THAT PRIORITY SHALL BE GIVEN TO PROJECTS THAT  RESULT
IN THE HIGHEST GREENHOUSE GAS EMISSION REDUCTIONS.
  5.  STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF
THE COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION
ANY OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED  FOR
THE  LOCAL  SHARE.  SUCH  COSTS  ARE SUBJECT TO FINAL COMPUTATION BY THE
COMMISSIONER UPON COMPLETION OF THE PROJECT AND  SHALL  NOT  EXCEED  THE
MAXIMUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6.  THE  DEPARTMENT  SHALL  REVIEW  SUCH APPLICATIONS AND MAY APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
S 19-1309. ENERGY EFFICIENCY PROGRAM.
  1. AS USED IN THIS SECTION:
  A. "COST" SHALL MEAN THE CAPITAL COST OF AN ENERGY EFFICIENCY  PROJECT
INCLUDING  BUT  NOT  LIMITED  TO ENGINEERING AND ARCHITECTURAL SERVICES,
PLANS AND SPECIFICATIONS, CONSULTANT AND LEGAL SERVICES.
  B. "ENERGY EFFICIENCY PROJECTS" SHALL MEAN THE PURCHASE AND  INSTALLA-
TION  OF ENERGY EFFICIENCY TECHNOLOGIES THAT WILL REDUCE THE CONSUMPTION
OF ELECTRICITY AT NEW OR EXISTING BUILDINGS.
  C. "ENERGY  EFFICIENCY  TECHNOLOGIES"  SHALL  MEAN  TECHNOLOGIES  THAT
REDUCE THE CONSUMPTION OF ELECTRICITY INCLUDING BUT NOT LIMITED TO:
  (I) REPLACEMENT OF INEFFICIENT LIGHTING FIXTURES;
  (II)  APPLIANCES AND EQUIPMENT THAT MEET ENERGY EFFICIENCY PERFORMANCE
STANDARDS AS IDENTIFIED IN ARTICLE SIXTEEN OF THE ENERGY LAW; AND
  (III) OTHER SUCH MEASURES THAT WILL REDUCE THE DEMAND FOR  AND/OR  THE
CONSUMPTION OF ELECTRICITY AS DETERMINED BY THE AUTHORITY.

S. 2781                             4

  D.  "FINANCIAL  ASSISTANCE"  MEANS  STATE  ASSISTANCE PAYMENTS, LOANS,
INTEREST SUBSIDIES, ZERO PERCENT INTEREST LOANS, AND/OR ENERGY  PERFORM-
ANCE  CONTRACTS,  AS DEFINED IN SUBDIVISION FOUR OF SECTION 9-102 OF THE
ENERGY LAW.
  2.  THE  AUTHORITY  IN  CONSULTATION WITH THE DEPARTMENT IS AUTHORIZED
WITHIN AMOUNTS  APPROPRIATED,  TO  PROVIDE  FINANCIAL  ASSISTANCE  ON  A
COMPETITIVE BASIS FOR APPROVED ENERGY EFFICIENCY PROJECTS.
  3. ANY NEW YORK ELECTRIC UTILITY CUSTOMER MAY SUBMIT AN APPLICATION TO
THE  AUTHORITY  FOR  THE COST OF ENERGY EFFICIENCY PROJECTS IN SUCH FORM
CONTAINING SUCH INFORMATION AS THE AUTHORITY MAY REQUIRE.
  4. PRIORITY SHALL BE GIVEN TO PROJECTS THAT:
  A. ESTIMATE THE HIGHEST AMOUNT OF ENERGY SAVINGS AS MEASURED AGAINST A
THREE YEAR BASELINE; OR
  B. ARE CONDUCTED IN (I) AREAS WITH CENSUS TRACTS AND  BLOCK  NUMBERING
AREAS WHICH, AS OF THE TWO THOUSAND TEN CENSUS HAVE A POVERTY RATE OF AT
LEAST TWENTY PERCENT FOR THE YEAR TO WHICH THE DATA RELATE OR (II) AREAS
WITH  AN  UNEMPLOYMENT  RATE  OF  AT LEAST ONE AND ONE-QUARTER TIMES THE
STATEWIDE UNEMPLOYMENT RATE FOR THE YEAR TO WHICH THE DATA RELATE.
  THE AUTHORITY SHALL ESTABLISH ADDITIONAL INCOME AND OTHER  ELIGIBILITY
CRITERIA  TO  PROMOTE  AN  EQUITABLE  DISTRIBUTION  OF ENERGY EFFICIENCY
PROJECTS THROUGHOUT THE STATE. SUCH CRITERIA SHALL SEEK TO  ENSURE  THAT
PROJECTS  ARE  CONDUCTED  IN LOW-INCOME COMMUNITIES THROUGHOUT THE STATE
AND THAT LOW AND MIDDLE CLASS RESIDENTIAL CUSTOMERS  RECEIVE  ACCESS  TO
SUCH PROJECT FUNDING.
  5.  STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF
THE COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION
ANY OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED  FOR
THE  LOCAL  SHARE.  OTHER  FINANCIAL  ASSISTANCE SHALL NOT EXCEED LIMITS
ESTABLISHED IN RULES AND REGULATIONS  DEVELOPED  BY  THE  AUTHORITY  AND
SUBJECT TO THE APPROVAL OF THE DEPARTMENT.
  6.  PRIOR  TO  PROCESSING APPLICATIONS FOR FINANCIAL ASSISTANCE TOWARD
THE COST OF ENERGY EFFICIENCY PROJECTS, THE PRESIDENT OF  THE  AUTHORITY
SHALL PROMULGATE, IN CONSULTATION WITH THE COMMISSIONER, RULES AND REGU-
LATIONS  WHICH  SHALL INCLUDE CRITERIA FOR DETERMINING ELIGIBLE EXPENDI-
TURES AND PROCEDURES FOR GOVERNING THE COMMITMENT  AND  DISBURSEMENT  OF
FINANCIAL ASSISTANCE IN ACCORDANCE WITH THIS SECTION.
  7. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY  UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  8. THE AUTHORITY SHALL  REVIEW  SUCH  APPLICATIONS  AND  MAY  APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
S 19-1311. RENEWABLE ENERGY DEVELOPMENT PROGRAM.
  1. AS USED IN THIS SECTION:
  A.  "COST"  SHALL MEAN THE CAPITAL COST OF A RENEWABLE ENERGY DEVELOP-
MENT PROJECT INCLUDING BUT NOT LIMITED TO ENGINEERING AND  ARCHITECTURAL
SERVICES,  SURVEYS,  PLANS  AND  SPECIFICATIONS;  CONSULTANT  AND  LEGAL
SERVICES.
  B. "FINANCIAL ASSISTANCE" SHALL MEAN STATE ASSISTANCE PAYMENTS  AND/OR
PERFORMANCE  BASED  INCENTIVES  THAT  ARE DIRECTLY PROPORTIONAL TO REAL,
VERIFIED KWH PRODUCTION GENERATED BY THE RENEWABLE ELECTRIC POWER  TECH-
NOLOGY.
  C.  "RENEWABLE  ENERGY  DEVELOPMENT  PROJECTS"  MEAN  THE PURCHASE AND
INSTALLATION OF TECHNOLOGIES DESIGNED TO CONVERT RENEWABLE  ENERGY  INTO
ELECTRICITY  OR  OTHER  END USES, WHERE RENEWABLE ENERGY INCLUDES SOLAR,
WIND, TIDAL, FUEL CELL, GEOTHERMAL AND HYDROGEN, BUT  DOES  NOT  INCLUDE

S. 2781                             5

COMBUSTION  OR PYROLIZATION OF SOLID WASTE AS DEFINED IN SECTION 27-0701
OF THIS CHAPTER OR ELECTRICITY GENERATED FROM NUCLEAR POWER PLANTS.
  2.  THE  AUTHORITY  IN CONSULTATION WITH THE DEPARTMENT IS AUTHORIZED,
WITHIN AMOUNTS  APPROPRIATED,  TO  PROVIDE  FINANCIAL  ASSISTANCE  ON  A
COMPETITIVE BASIS FOR APPROVED RENEWABLE ENERGY DEVELOPMENT PROJECTS.
  3. ANY NEW YORK ELECTRIC UTILITY CUSTOMER MAY SUBMIT AN APPLICATION TO
THE  AUTHORITY  FOR THE COST OF RENEWABLE ENERGY DEVELOPMENT PROJECTS OR
PERFORMANCE BASED INCENTIVES IN SUCH FORM CONTAINING SUCH INFORMATION AS
THE AUTHORITY MAY REQUIRE.
  4. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED NINETY  PERCENT  OF  THE
COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION ANY
OTHER  MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED FOR THE
LOCAL SHARE. OTHER FINANCIAL ASSISTANCE SHALL NOT EXCEED  LIMITS  ESTAB-
LISHED  IN  RULES AND REGULATIONS DEVELOPED BY THE AUTHORITY AND SUBJECT
TO THE APPROVAL OF THE DEPARTMENT.
  5. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE  MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6.  THE  AUTHORITY  SHALL  REVIEW  SUCH  APPLICATIONS AND MAY APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
S 19-1313. CLEAN AIR TECHNOLOGY PROGRAM.
  1. AS USED IN THIS SECTION:
  A. "BEST AVAILABLE CONTROL TECHNOLOGIES" SHALL MEAN A VERIFIED  DIESEL
EMISSION CONTROL DEVICE THAT ACHIEVES A PARTICULATE MATTER (PM) EMISSION
REDUCTION  OF EIGHTY-FIVE PERCENT OR MORE FROM UNCONTROLLED ENGINE EMIS-
SION LEVELS, OR THAT REDUCES EMISSIONS TO LESS THAN  OR  EQUAL  TO  0.01
GRAMS  OF  PM  PER  BRAKE  HORSEPOWER-HOUR.  BEST AVAILABLE CONTROL ALSO
INCLUDES REPOWERING OR REPLACING THE  EXISTING  DIESEL  ENGINE  WITH  AN
ENGINE  MEETING  USEPA'S 2007 HEAVY-DUTY HIGHWAY DIESEL STANDARDS, OR IN
THE CASE OF A NON-ROAD ENGINE, AN ENGINE  MEETING  THE  USEPA'S  TIER  4
NON-ROAD  DIESEL  STANDARDS;  BEST  AVAILABLE  CONTROL ALSO INCLUDES NEW
DIESEL ENGINES MEETING SAID EMISSIONS STANDARDS.
  B. "CARB" MEANS THE CALIFORNIA AIR RESOURCES BOARD.
  C. "CLEAN AIR TECHNOLOGY PROJECTS" SHALL MEAN PROJECTS TO PURCHASE AND
INSTALL BEST AVAILABLE CONTROL TECHNOLOGIES, PROVIDED THAT THE AUTHORITY
SHALL ALSO REQUIRE THE APPLICANT TO INSTALL A  CLOSED  CRANKCASE  VENTI-
LATION SYSTEM ON ALL ENGINES.
  D. "CLOSED CRANKCASE VENTILATION SYSTEM" OR "CCV" SHALL MEAN EQUIPMENT
THAT  COMPLETELY  CLOSES  THE CRANKCASE OF A DIESEL ENGINE TO THE ATMOS-
PHERE AND ROUTES THE CRANKCASE VAPOR TO THE ENGINE INTAKE AIR SYSTEM  OR
THE EXHAUST SYSTEM.
  E. "USEPA" MEANS THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
  F. "VERIFIED DIESEL EMISSION CONTROL DEVICE" MEANS AN EMISSION CONTROL
DEVICE  OR STRATEGY THAT HAS BEEN VERIFIED TO ACHIEVE A SPECIFIED DIESEL
PM REDUCTION BY USEPA OR CARB; OR  REPLACEMENT  OR  REPOWERING  WITH  AN
ENGINE  THAT  IS CERTIFIED TO SPECIFIC PM EMISSIONS PERFORMANCE BY USEPA
OR CARB.
  2. THE AUTHORITY IN CONSULTATION WITH THE  DEPARTMENT  IS  AUTHORIZED,
WITHIN  AMOUNTS  APPROPRIATED,  TO  MAKE  STATE ASSISTANCE PAYMENTS ON A
COMPETITIVE BASIS TO APPROVED CLEAN AIR TECHNOLOGY PROJECTS.
  3. ANY MUNICIPALITY UPON APPROVAL OF ITS GOVERNING BODY MAY SUBMIT  AN
APPLICATION  TO  THE DEPARTMENT IN SUCH FORM CONTAINING SUCH INFORMATION
AS THE DEPARTMENT MAY REQUIRE FOR  STATE  ASSISTANCE  PAYMENTS  FOR  THE
COSTS OF CLEAN AIR TECHNOLOGY PROJECTS.

S. 2781                             6

  4.  STATE  ASSISTANCE  PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE
COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION ANY
OTHER MONIES OF THE AUTHORITY MAY NOT BE USED FOR THE LOCAL SHARE.
  5. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY  UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6. THE AUTHORITY SHALL  REVIEW  SUCH  APPLICATIONS  AND  MAY  APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
  S  2.  Subdivision 1 of section 19-0301 of the environmental conserva-
tion law is amended by adding a new paragraph g to read as follows:
  G. PROVIDE FOR THE DEPOSIT OF REVENUES FROM THE AUCTION OF  ANY  EMIS-
SIONS  ALLOWANCES  FOR  AIR CONTAMINANTS TO THE CLIMATE CHANGE SOLUTIONS
FUND ESTABLISHED BY SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW.
  S 3. The state finance law is amended by adding a new section 92-gg to
read as follows:
  S 92-GG. CLIMATE CHANGE SOLUTIONS FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
TAXATION  AND  FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CLIMATE CHANGE
SOLUTIONS FUND".
  2. THE CLIMATE CHANGE SOLUTIONS FUND SHALL  CONSIST  OF  THE  PROCEEDS
COLLECTED  FROM  THE AUCTION OF ANY EMISSIONS ALLOWANCES FOR AIR CONTAM-
INANTS AS PROVIDED FOR DEPOSIT INTO SUCH FUND UNDER  TITLE  THIRTEEN  OF
ARTICLE  NINETEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY INTEREST
GENERATED BY SUCH FUND AND ANY OTHER  MONIES  MADE  AVAILABLE  FOR  SUCH
PURPOSES.
  3.  ALL  MONIES RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN THE CLIMATE
CHANGE SOLUTIONS FUND SHALL BE DEPOSITED FIRST  TO  THE  CREDIT  OF  THE
CLIMATE  CHANGE  TRANSFER  ACCOUNT. NO MONIES SHALL BE EXPENDED FROM ANY
SUCH ACCOUNT FOR ANY PROJECT EXCEPT PURSUANT  TO  APPROPRIATION  BY  THE
LEGISLATURE.
  A. ALL MONEYS HERETOFORE AND HEREAFTER DEPOSITED IN THE CLIMATE CHANGE
TRANSFER  ACCOUNT  SHALL BE TRANSFERRED BY THE COMPTROLLER TO THE ENERGY
EFFICIENCY ACCOUNT, THE RENEWABLE ENERGY DEVELOPMENT ACCOUNT, THE GREEN-
HOUSE GAS EMISSION REDUCTION ACCOUNT OR THE CLEAN AIR ACCOUNT.
  B. MONEYS FROM THE GREENHOUSE GAS EMISSION REDUCTION ACCOUNT SHALL  BE
AVAILABLE,  PURSUANT  TO  APPROPRIATION, FOR ANY GREENHOUSE GAS EMISSION
REDUCTION PROJECT, AS DEFINED IN SECTION 19-1307  OF  THE  ENVIRONMENTAL
CONSERVATION LAW.
  C.  MONEYS  FROM  THE  ENERGY  EFFICIENCY  ACCOUNT SHALL BE AVAILABLE,
PURSUANT TO APPROPRIATION FOR ANY ENERGY EFFICIENCY PROJECT  AS  DEFINED
IN SECTION 19-1309 OF THE ENVIRONMENTAL CONSERVATION LAW.
  D.  MONEYS  FROM  THE  RENEWABLE  ENERGY  DEVELOPMENT ACCOUNT SHALL BE
AVAILABLE, PURSUANT TO APPROPRIATION, FOR ANY RENEWABLE ENERGY  DEVELOP-
MENT PROJECT, AS DEFINED IN SECTION 19-1311 OF THE ENVIRONMENTAL CONSER-
VATION LAW.
  E.  MONEYS  FROM THE CLEAN AIR ACCOUNT SHALL BE AVAILABLE, PURSUANT TO
APPROPRIATION, FOR ANY CLEAN  AIR  TECHNOLOGY  PROJECT,  AS  DEFINED  IN
SECTION 19-1313 OF THE ENVIRONMENTAL CONSERVATION LAW.
  4.  MONEYS IN THE CLIMATE CHANGE SOLUTIONS FUND SHALL BE KEPT SEPARATE
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE
COMPTROLLER.
  5. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
THE WARRANT OF THE COMPTROLLER.
  S 4. This act shall take effect immediately.

senate Bill S2777

2015-2016 Legislative Session

Establishes a nuclear whistleblower access and assistance program to promote public health and safety

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 01, 2016 print number 2777a
amend and recommit to energy and telecommunications
Jan 06, 2016 referred to energy and telecommunications
Jan 29, 2015 referred to energy and telecommunications

Bill Amendments

S2777
S2777A
S2777
S2777A

Co-Sponsors

S2777 - Bill Details

Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Authorities Law
Laws Affected:
Add §1873-a, amd §1005, Pub Auth L; amd §65, Pub Serv L; amd §740, Lab L; amd §75-b, Civ Serv L; amd §63, Exec L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3267A
2011-2012: S1593A
2009-2010: A5200A

S2777 - Bill Texts

view summary

Directs the NYS energy research and development authority and public and private operators of each nuclear-powered electric generating facility to establish a nuclear whistleblower access and assistance program; makes related provisions as to elements of the program and provides that employees of such plants shall not be subject to retaliation; requires authority to investigate reported safety concerns; provides that whistleblowers shall have standing to litigate and may do so without exhaustion of administration remedies; authorizes the attorney general to bring actions to enforce the labor law provisions.

view sponsor memo
BILL NUMBER:S2777

TITLE OF BILL:

An act to amend the public authorities law, the public service law,
the labor law, the civil service law and the executive law, in
relation to establishing a nuclear whistleblower access and assistance
program

PURPOSE:

To establish a program to encourage and protect employees of nuclear
power, plants who communicate concerns regarding safety problems

SUMMARY OF PROVISIONS:

This bill would amend the energy law, the public authorities law, the
public service law, the labor law, the civil service law, and the
executive law to establish a nuclear power plant whistle-blower access
and assistance program. The program contains a number of provisions
including: (1) a requirement calling for the evaluation of
whistleblower programs proposed by nuclear power plant operators,
including private companies that are purchasing reactors in New York
State (2) the establishment of a toll-free telephone line available to
employees of nuclear power plants that will offer advice regarding
employee rights and protections pursuant to state and federal laws and
present opportunities for access to senior management for purposes of
communicating safety-related concerns, and (3) a requirement that a
preliminary evaluation of any safety concern identified by an employee
be performed.

JUSTIFICATION:

Workers at nuclear plants are commonly referred to as the "eyes and
ears" for the U.S. Nuclear Regulatory Commission (NRC). The NRC openly
admits that it can only oversee a small portion of the industry's
safety issues and relies heavily on nuclear plant employees to
identify potential safety problems to management and, if necessary, to
the NRC. This bill acknowledges that a key element to the safe
operation of nuclear power plants is a work environment that
encourages employees to come forward with any concerns they may have
regarding reactor operational safety. Protection of safety-conscious
workers is of paramount concern, especially in light of electric
utility deregulation, the infusion of market competition into the
energy marketplace, and changes with the NRC's oversight program.

Employees working at nuclear power plants should not feel pressured or
intimidated by their supervisors in airing concerns. Sadly, we have
witnessed the harassment of employees at NY nuclear power plants much
too often. Given the recent troubles at the Indian Point reactors,
there has never been a greater need for such a program. The
controversy that has swarmed about the Indian point reactors has shed
light on the suppression of safety conscious employees and worker
health and safety issues. As stated in a report filed by a
safety-conscious employee at Con Edison's Indian point 2 (IP-2) plant,
there is a "chilling effect" which does not encourage workers to
report problems. According to a March 1, 2001 NEW YORK TIMES article,


an engineer working for a contractor at the IP-2 nuclear plant quit in
a dispute over a safety issue - in particular, the reliability of the
system that triggers automatic shutdowns during equipment. failure. At
the New York Power Authority's Indian point 3 (IP-3) plant, it was
revealed that worker health and safety had been compromised to meet a
refueling deadline - over 180 workers were radioactively contaminated.
According to a whistleblower at the plant, the deadline was set to
impress a potential buyer, Energy Nuclear, Inc. which ultimately
purchased IP-3 and is now in the process of buying IP-1 and IP-2. This
situation may have been avoided if workers felt more comfortable about
raising concerns.

New York State needs to better protect workers at nuclear power plants
who raise safety concerns. According to Stephen. Kohn - one of the
nation's foremost experts on whistleblower law - New York State has
one of the weakest provisions in the nation with respect to providing
adequate protection to whistleblowers. The inadequacies of New York's
"Whistleblower Statute," which was passed in 1964, have led
commentators to note that whistleblower protection in New York is all
but non-existent.

For the sake of public and employee health and safety it is crucial to
have a nuclear whistleblower access and assistance program established
immediately.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

Immediately.

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

                                  2777

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT to amend the public authorities law, the public service law, the
  labor law, the civil service law and the executive law, in relation to
  establishing a nuclear whistleblower access and assistance program

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

  Section  1.  The legislature finds that safe operation of the publicly
and privately owned nuclear-powered electric generating facilities with-
in the state is a matter of paramount public  concern.  The  legislature
further  finds  that  an essential component of any safety strategy is a
program which assures that employees who have  first-hand  knowledge  of
potential  safety problems can freely communicate their concerns without
fear of retaliation.  Although laws and regulations exist  at  both  the
state and federal level to protect whistleblowers, the legislature finds
that the purpose served by such laws will be furthered if an affirmative
program  exists  which encourages employees to come forward with safety-
related concerns. The legislature finds that the state, as the owner  of
the  power  plants  operated  by the power authority of the state of New
York, has an interest and obligation to ensure that such facilities  are
being managed in a way that provides the highest possible level of safe-
ty.    The  legislature  also  finds  that  the state has an interest in
protecting and an obligation to protect its citizens from  the  possible
hazards  of  privately owned nuclear-powered electric generating facili-
ties.
  S 2. The public authorities law is amended by  adding  a  new  section
1873-a to read as follows:
  S  1873-A.  NUCLEAR  WHISTLEBLOWER  ACCESS AND ASSISTANCE PROGRAM.  1.
"EMPLOYEES AT A  NUCLEAR-POWERED  ELECTRIC  GENERATING  FACILITY"  MEANS
THOSE  PERSONS  EMPLOYED AT PUBLICLY AND PRIVATELY OWNED NUCLEAR-POWERED
ELECTRIC GENERATING FACILITIES, INCLUDING BUT NOT LIMITED TO:  FULL-TIME
AND  PART-TIME EMPLOYEES, CONTRACTORS, THOSE EMPLOYEES ON PROBATION, AND
TEMPORARY EMPLOYEES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03617-01-5

S. 2777                             2

  2. THE AUTHORITY, AFTER CONSULTATION WITH THE  UNITED  STATES  NUCLEAR
REGULATORY  COMMISSION,  THE CHAIR OF THE PUBLIC SERVICE COMMISSION, AND
THE COMMISSIONER OF THE DEPARTMENT OF LABOR, SHALL ESTABLISH  A  NUCLEAR
WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM.
  3.  THE  NUCLEAR  WHISTLEBLOWER  ACCESS  AND  ASSISTANCE PROGRAM SHALL
INCLUDE, AT A MINIMUM, THE FOLLOWING PROVISIONS:
  (A) THE AUTHORITY SHALL EVALUATE AND COMMENT ON WHISTLEBLOWER PROGRAMS
PROPOSED BY OPERATORS OF NUCLEAR-POWERED ELECTRIC GENERATING  FACILITIES
PURSUANT  TO  SECTION  ONE  THOUSAND  FIVE  OF  THIS CHAPTER AND SECTION
SIXTY-FIVE OF THE PUBLIC SERVICE LAW;
  (B) THE AUTHORITY SHALL ESTABLISH TOLL-FREE  TELEPHONE  AND  FACSIMILE
LINES  AVAILABLE  TO  CONTRACTORS,  ADVOCATES  SHIELDING THE IDENTITY OF
INSIDE WHISTLEBLOWERS, AND ALL PERSONS WITHIN THE STATE  OF  NEW  YORK'S
NUCLEAR  INDUSTRY WHO HAVE KNOWLEDGE OF ISSUES THAT AFFECT PUBLIC HEALTH
AND SAFETY. THE AUTHORITY SHALL OFFER:
  (I) ADVICE REGARDING THE EMPLOYEE'S RIGHTS UNDER APPLICABLE STATE  AND
FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS;
  (II)  AN OPPORTUNITY FOR CONTRACTORS, ADVOCATES SHIELDING THE IDENTITY
OF INSIDE WHISTLEBLOWERS, AND ALL PERSONS WITHIN THE STATE OF NEW YORK'S
NUCLEAR INDUSTRY TO IDENTIFY CONCERNS REGARDING ANY SAFETY  ISSUE  AT  A
NUCLEAR-POWERED  ELECTRIC GENERATING FACILITY, INCLUDING BUT NOT LIMITED
TO ANY VIOLATIONS OR POTENTIAL VIOLATIONS OF REGULATIONS OF THE  NUCLEAR
REGULATORY COMMISSION;
  (III) THE OPTION OF CONTACTING A NEUTRAL CONSULTANT FOR THE PURPOSE OF
SEEKING  UNBIASED,  NON-GOVERNMENTAL  INFORMATION TO HELP RESOLVE SAFETY
CONCERNS;
  (C) ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND THE AUTHORITY  PURSUANT
TO  THIS  SECTION  SHALL BE HELD STRICTLY CONFIDENTIAL BY THE AUTHORITY,
UNLESS THE EMPLOYEE SPECIFICALLY WAIVES IN WRITING THE RIGHT  TO  CONFI-
DENTIALITY  (THE  PERSON  ALLEGING A SAFETY VIOLATION IS NOT REQUIRED TO
IDENTIFY HIMSELF/HERSELF) TO ANY ENTITY, INCLUDING THE NUCLEAR REGULATO-
RY COMMISSION;
  (D) THE AUTHORITY SHALL PERFORM A PRELIMINARY EVALUATION OF ANY SAFETY
CONCERN IDENTIFIED BY A CALLER WITHIN SEVENTY-TWO  HOURS  AND  GIVE  THE
CALLER  EVALUATION  RIGHTS IF HE OR SHE SO DESIRES AND CONDUCT FOLLOW-UP
REPORTS EVERY TWO WEEKS THEREAFTER FOR AN APPROPRIATE LENGTH OF TIME  TO
BE DETERMINED BY THE AUTHORITY;
  (E)  REGARDING  ANY  CONCERN  FOR WHICH THE AUTHORITY LACKS SUFFICIENT
EXPERTISE TO REACH A CONCLUSION OR WHICH, IN THE  AUTHORITY'S  JUDGMENT,
REPRESENTS  A SIGNIFICANT PUBLIC HEALTH OR SAFETY CONCERN, THE AUTHORITY
SHALL CONTACT THE UNITED STATES  NUCLEAR  REGULATORY  COMMISSION,  SHALL
COMMUNICATE  SUCH  CONCERN,  AND  SHALL MAINTAIN COMMUNICATIONS WITH THE
COMMISSION AND THE CALLER, WHENEVER  POSSIBLE,  REGARDING  ANY  INVESTI-
GATION OF SUCH CONCERN; AND
  (F)  THE  AUTHORITY SHALL CONSULT WITH THE DEPARTMENT OF LAW REGARDING
ANY EMPLOYEE AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY  WHO  MAY
HAVE  RECOURSE  TO  AN ACTION PURSUANT TO SECTION SEVEN HUNDRED FORTY OF
THE LABOR LAW OR SECTION SEVENTY-FIVE-B OF THE CIVIL SERVICE LAW.
  4. WHETHER OR NOT THE AUTHORITY PROCEEDS, THE WHISTLEBLOWER, IF  IDEN-
TIFIED OR THE ADVOCATE WHO IS SHIELDING THE IDENTITY OF AN INSIDE WHIST-
LEBLOWER, SHALL HAVE STANDING TO LITIGATE AND SHALL BE ENTITLED TO EXPE-
DITED  PROCEEDINGS  IN THE COURTS OF THIS STATE WITHOUT REGARD TO HAVING
EXHAUSTED ADMINISTRATIVE REMEDIES.
  S 3. Section 1005 of the public authorities  law is amended by  adding
a new subdivision 25 to read as follows:

S. 2777                             3

  25.  AT  EACH  NUCLEAR-POWERED  ELECTRIC  GENERATING FACILITY OWNED OR
OPERATED BY THE AUTHORITY, THE AUTHORITY SHALL ESTABLISH AND IMPLEMENT A
WHISTLEBLOWER PROGRAM. WITHIN SIX MONTHS OF THE EFFECTIVE DATE  OF  THIS
SUBDIVISION,  THE  AUTHORITY  SHALL  SUBMIT TO THE NEW YORK STATE ENERGY
RESEARCH  AND  DEVELOPMENT  AUTHORITY  A  PROPOSED PLAN FOR A PROGRAM TO
IMPLEMENT THE PURPOSES OF THIS SUBDIVISION.  SUCH PROGRAM SHALL INCLUDE,
AT A MINIMUM:
  (A) OPPORTUNITY FOR ACCESS TO SENIOR MANAGEMENT FOR PURPOSES OF COMMU-
NICATING SAFETY CONCERNS THAT AFFECT PUBLIC HEALTH AND SAFETY;
  (B) EDUCATION REGARDING EMPLOYEE RIGHTS AND  PROTECTIONS  PURSUANT  TO
APPLICABLE  STATE  AND  FEDERAL  LAWS AND REGULATIONS, INCLUDING, TO THE
EXTENT PERMITTED BY THE NUCLEAR REGULATORY COMMISSION, DISPLAY AT PROMI-
NENT LOCATIONS WITHIN THE FACILITY OF  THE  TOLL-FREE  TELEPHONE  NUMBER
WHICH PROVIDES ACCESS TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT  AUTHORITY'S  NUCLEAR  WHISTLEBLOWER  ACCESS AND ASSISTANCE PROGRAM
ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED SEVENTY-THREE-A OF THIS
CHAPTER.
  S 4. Section 65 of the public service law is amended by adding  a  new
subdivision 16 to read as follows:
  16.  AT  EACH  NUCLEAR-POWERED  ELECTRIC  GENERATING FACILITY OWNED OR
OPERATED BY AN ELECTRIC CORPORATION, THE CORPORATION SHALL ESTABLISH AND
IMPLEMENT A WHISTLEBLOWER PROGRAM. WITHIN SIX MONTHS  OF  THE  EFFECTIVE
DATE  OF  THIS SUBDIVISION, THE CORPORATION SHALL SUBMIT TO THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY A PROPOSED  PLAN  FOR  A
PROGRAM  TO  IMPLEMENT  THE  PURPOSES  OF THIS SUBDIVISION. SUCH PROGRAM
SHALL INCLUDE, AT A MINIMUM:
  (A) OPPORTUNITY FOR ACCESS TO SENIOR MANAGEMENT FOR PURPOSES OF COMMU-
NICATING SAFETY CONCERNS;
  (B) EDUCATION REGARDING EMPLOYEE RIGHTS AND  PROTECTIONS  PURSUANT  TO
APPLICABLE  STATE  AND  FEDERAL  LAWS AND REGULATIONS, INCLUDING, TO THE
EXTENT PERMITTED BY THE NUCLEAR REGULATORY COMMISSION, DISPLAY AT PROMI-
NENT LOCATIONS WITHIN THE FACILITY OF  THE  TOLL-FREE  TELEPHONE  NUMBER
WHICH PROVIDES ACCESS TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY'S NUCLEAR WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM.
  S  5.  Paragraph (a) of subdivision 2 of section 740 of the labor law,
as amended by chapter 442 of the laws of 2006, is  amended  to  read  as
follows:
  (a) discloses, or threatens to disclose to a supervisor or to a public
body  an  activity,  policy  or  practice  of  the  employer  that is in
violation of  law,  rule  or  regulation  which  violation  creates  and
presents a substantial and specific danger to the public health or safe-
ty,  or  which  constitutes  health  care  fraud,  OR, IN THE CASE OF AN
EMPLOYEE AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY, DISCLOSES OR
THREATENS TO DISCLOSE ANY PUBLIC HEALTH OR SAFETY CONCERN, REGARDLESS OF
WHETHER OR NOT SUCH CONCERN RELATES TO A VIOLATION OF A  LAW,  RULE,  OR
REGULATION;
  S  6.  Subdivision  3  of  section  740 of the labor law is amended by
adding a new undesignated paragraph to read as follows:
  THIS SUBDIVISION SHALL NOT APPLY TO ANY DISCLOSURE MADE BY AN EMPLOYEE
AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY, AS  DEFINED  PURSUANT
TO  SECTION  EIGHTEEN  HUNDRED SEVENTY-THREE-A OF THE PUBLIC AUTHORITIES
LAW, WHO BELIEVES IN GOOD-FAITH THAT A DISCLOSURE TO A SUPERVISOR  WOULD
BE INCONSISTENT WITH THE FEDERAL OBSTRUCTION OF JUSTICE LAWS CODIFIED AT
18 U.S.C. 1512 OR THE ATOMIC ENERGY ACT/ENERGY REORGANIZATION ACT.

S. 2777                             4

  S  7.  Paragraph  (c)  of  subdivision  1 of section 75-b of the civil
service law, as added by chapter 660 of the laws of 1984, is amended  to
read as follows:
  (c)  "Governmental  body" shall mean (i) an officer, employee, agency,
department, division, bureau, board, commission, council,  authority  or
other  body  of  a public employer, (ii) employee, committee, member, or
commission of the legislative branch of government,  (iii)  a  represen-
tative,  member  or  employee  of  a legislative body of a county, town,
village or any other political subdivision  or  civil  division  of  the
state,  (iv) a law enforcement agency or any member or employee of a law
enforcement agency, [or] (v) the judiciary or any employee of the  judi-
ciary, (VI) EMPLOYEES AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY,
OR (VII) THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
  S  8.  Paragraph  (a)  of  subdivision  2 of section 75-b of the civil
service law, as amended by chapter 899 of the laws of 1986,  is  amended
to read as follows:
  (a)  A public employer shall not dismiss or take other disciplinary or
other adverse personnel action against a public employee  regarding  the
employee's  employment  because the employee discloses to a governmental
body information: (i) regarding a violation of a law, rule or regulation
which violation creates and presents a substantial and  specific  danger
to  the public health or safety; [or] (ii) which the employee reasonably
believes to be true and  reasonably  believes  constitutes  an  improper
governmental action; OR (III) FOR AN EMPLOYEE AT A NUCLEAR-POWERED ELEC-
TRIC  GENERATING  FACILITY,  AS  DEFINED  PURSUANT  TO  SECTION EIGHTEEN
HUNDRED SEVENTY-THREE-A OF THE PUBLIC AUTHORITIES LAW, WHICH RELATES  TO
A  PUBLIC  HEALTH  OR  SAFETY CONCERN, REGARDLESS OF WHETHER OR NOT SUCH
CONCERN RELATES TO A VIOLATION OF LAW, RULE,  OR  REGULATION.  "Improper
governmental  action"  shall  mean  any  action  by a public employer or
employee, or an agent of such employer or employee, which is  undertaken
in  the performance of such agent's official duties, whether or not such
action is within the scope of his employment, and which is in  violation
of any federal, state or local law, rule or regulation.
  S  9.  Paragraph  (b)  of  subdivision  2 of section 75-b of the civil
service law, as added by chapter 660 of the laws of 1984, is amended  to
read as follows:
  (b)  Prior to disclosing information pursuant to paragraph (a) of this
subdivision, an employee shall have made a good faith effort to  provide
the  appointing  authority  or his or her designee the information to be
disclosed and shall provide  the  appointing  authority  or  designee  a
reasonable  time to take appropriate action unless there is imminent and
serious danger to public health or safety.  For  the  purposes  of  this
subdivision,  an  employee  who acts pursuant to this paragraph shall be
deemed to have disclosed information to a governmental body under  para-
graph  (a)  of  this  subdivision. THIS PARAGRAPH SHALL NOT APPLY TO ANY
DISCLOSURE MADE BY AN EMPLOYEE AT A NUCLEAR-POWERED ELECTRIC  GENERATING
FACILITY,    AS   DEFINED   PURSUANT   TO   SECTION   EIGHTEEN   HUNDRED
SEVENTY-THREE-A OF THE PUBLIC AUTHORITIES LAW.
  S 10. Section 63 of the executive law  is  amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  BRING,  UPON  THE  RECOMMENDATION  OF  THE  NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, ACTIONS PURSUANT  TO  SECTION  SEVEN
HUNDRED  FORTY  OF THE LABOR LAW AND SECTION SEVENTY-FIVE-B OF THE CIVIL
SERVICE LAW ON BEHALF OF EMPLOYEES AT NUCLEAR-POWERED ELECTRIC  GENERAT-
ING  FACILITIES,  AS DEFINED PURSUANT TO SECTION EIGHTEEN HUNDRED SEVEN-
TY-THREE-A OF THE PUBLIC AUTHORITIES LAW.

S. 2777                             5

  S 11. This act shall take effect immediately.

Co-Sponsors

S2777A - Bill Details

Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Authorities Law
Laws Affected:
Add §1873-a, amd §1005, Pub Auth L; amd §65, Pub Serv L; amd §740, Lab L; amd §75-b, Civ Serv L; amd §63, Exec L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3267A
2011-2012: S1593A
2009-2010: A5200A

S2777A - Bill Texts

view summary

Directs the NYS energy research and development authority and public and private operators of each nuclear-powered electric generating facility to establish a nuclear whistleblower access and assistance program; makes related provisions as to elements of the program and provides that employees of such plants shall not be subject to retaliation; requires authority to investigate reported safety concerns; provides that whistleblowers shall have standing to litigate and may do so without exhaustion of administration remedies; authorizes the attorney general to bring actions to enforce the labor law provisions.

view sponsor memo
BILL NUMBER: S2777A

TITLE OF BILL :

An act to amend the public authorities law, the public service law,
the labor law, the civil service law and the executive law, in
relation to establishing a nuclear whistleblower access and assistance
program

PURPOSE :

To establish a program to encourage and protect employees of nuclear
power, plants who communicate concerns regarding safety problems

SUMMARY OF PROVISIONS :

This bill would amend the energy law, the public authorities law, the
public service law, the labor law, the civil service law, and the
executive law to establish a nuclear power plant whistle-blower access
and assistance program. The program contains a number of provisions
including: (1) a requirement calling for the evaluation of
whistleblower programs proposed by nuclear power plant operators,
including private companies that are purchasing reactors in New York
State (2) the establishment of a toll-free telephone line available to
employees of nuclear power plants that will offer advice regarding
employee rights and protections pursuant to state and federal laws and
present opportunities for access to senior management for purposes of
communicating safety-related concerns, and (3) a requirement that a
preliminary evaluation of any safety concern identified by an employee
be performed.

JUSTIFICATION :

Workers at nuclear plants are commonly referred to as the "eyes and
ears" for the U.S. Nuclear Regulatory Commission (NRC). The NRC openly
admits that it can only oversee a small portion of the industry's
safety issues and relies heavily on nuclear plant employees to
identify potential safety problems to management and, if necessary, to
the NRC. This bill acknowledges that a key element to the safe
operation of nuclear power plants is a work environment that
encourages employees to come forward with any concerns they may have
regarding reactor operational safety. Protection of safety-conscious
workers is of paramount concern, especially in light of electric
utility deregulation, the infusion of market competition into the
energy marketplace, and changes with the NRC's oversight program.

Employees working at nuclear power plants should not feel pressured or
intimidated by their supervisors in airing concerns. Sadly, we have
witnessed the harassment of employees at NY nuclear power plants much
too often. Given the troubles at the Indian Point reactors, there has
never been a greater need for such a program. The controversy that has
swarmed about the Indian point reactors has shed light on the
suppression of safety conscious employees and worker health and safety
issues. As stated in a report filed by a safety-conscious employee at
Con Edison's Indian point 2 (IP-2) plant, there is a "chilling effect"
which does not encourage workers to report problems. According to a
March 1, 2001 NEW YORK TIMES article, an engineer working for a
contractor at the IP-2 nuclear plant quit in a dispute over a safety
issue - in particular, the reliability of the system that triggers
automatic shutdowns during equipment. failure. At the New York Power
Authority's Indian point 3 (1P-3) plant, it was revealed that worker
health and safety had been compromised to meet a refueling deadline -
over 180 workers were radioactively contaminated. According to a
whistleblower at the plant, the deadline was set to impress a
potential buyer, Energy Nuclear, Inc. which ultimately purchased IP-3
and is now in the process of buying IP-1 and IP-2. This situation may
have been avoided if workers felt more comfortable about raising
concerns.

New York State needs to better protect workers at nuclear power plants
who raise safety concerns. According to Stephen. Kohn - one of the
nation's foremost experts on whistleblower law - New York State has
one of the weakest provisions in the nation with respect to providing
adequate protection to whistleblowers. The inadequacies of New York's
"Whistleblower Statute," which was passed in 1964, have led
commentators to note that whistleblower protection in New York is all
but non-existent.

For the sake of public and employee health and safety it is crucial to
have a nuclear whistleblower access and assistance program established
immediately.

FISCAL IMPLICATIONS :

None to the state.

EFFECTIVE DATE :
Immediately
view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2777--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sens.  KRUEGER, HAMILTON, PERKINS, SERRANO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Energy and Telecommunications -- recommitted to  the  Committee  on
  Energy and Telecommunications in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the public authorities law, the public service law,  the
  labor law, the civil service law and the executive law, in relation to
  establishing a nuclear whistleblower access and assistance program

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

  Section 1. The legislature finds that safe operation of  the  publicly
and privately owned nuclear-powered electric generating facilities with-
in  the  state  is a matter of paramount public concern. The legislature
further finds that an essential component of any safety  strategy  is  a
program  which  assures  that employees who have first-hand knowledge of
potential safety problems can freely communicate their concerns  without
fear  of  retaliation.   Although laws and regulations exist at both the
state and federal level to protect whistleblowers, the legislature finds
that the purpose served by such laws will be furthered if an affirmative
program exists which encourages employees to come forward  with  safety-
related  concerns. The legislature finds that the state, as the owner of
the power plants operated by the power authority of  the  state  of  New
York,  has an interest and obligation to ensure that such facilities are
being managed in a way that provides the highest possible level of safe-
ty.   The legislature also finds that  the  state  has  an  interest  in
protecting  and  an obligation to protect its citizens from the possible
hazards of privately owned nuclear-powered electric  generating  facili-
ties.
  S  2.  The  public  authorities law is amended by adding a new section
1873-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03617-02-6

S. 2777--A                          2

  S 1873-A. NUCLEAR WHISTLEBLOWER ACCESS AND  ASSISTANCE  PROGRAM.    1.
"EMPLOYEES  AT  A  NUCLEAR-POWERED  ELECTRIC  GENERATING FACILITY" MEANS
THOSE PERSONS EMPLOYED AT PUBLICLY AND PRIVATELY  OWNED  NUCLEAR-POWERED
ELECTRIC  GENERATING FACILITIES, INCLUDING BUT NOT LIMITED TO: FULL-TIME
AND  PART-TIME EMPLOYEES, CONTRACTORS, THOSE EMPLOYEES ON PROBATION, AND
TEMPORARY EMPLOYEES.
  2. THE AUTHORITY, AFTER CONSULTATION WITH THE  UNITED  STATES  NUCLEAR
REGULATORY  COMMISSION,  THE CHAIR OF THE PUBLIC SERVICE COMMISSION, AND
THE COMMISSIONER OF THE DEPARTMENT OF LABOR, SHALL ESTABLISH  A  NUCLEAR
WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM.
  3.  THE  NUCLEAR  WHISTLEBLOWER  ACCESS  AND  ASSISTANCE PROGRAM SHALL
INCLUDE, AT A MINIMUM, THE FOLLOWING PROVISIONS:
  (A) THE AUTHORITY SHALL EVALUATE AND COMMENT ON WHISTLEBLOWER PROGRAMS
PROPOSED BY OPERATORS OF NUCLEAR-POWERED ELECTRIC GENERATING  FACILITIES
PURSUANT  TO  SECTION  ONE  THOUSAND  FIVE  OF  THIS CHAPTER AND SECTION
SIXTY-FIVE OF THE PUBLIC SERVICE LAW;
  (B) THE AUTHORITY SHALL ESTABLISH TOLL-FREE  TELEPHONE  AND  FACSIMILE
LINES  AVAILABLE  TO  CONTRACTORS,  ADVOCATES  SHIELDING THE IDENTITY OF
INSIDE WHISTLEBLOWERS, AND ALL PERSONS WITHIN THE STATE  OF  NEW  YORK'S
NUCLEAR  INDUSTRY WHO HAVE KNOWLEDGE OF ISSUES THAT AFFECT PUBLIC HEALTH
AND SAFETY. THE AUTHORITY SHALL OFFER:
  (I) ADVICE REGARDING THE EMPLOYEE'S RIGHTS UNDER APPLICABLE STATE  AND
FEDERAL LAWS AND ADVICE AND OPTIONS AVAILABLE TO ALL PERSONS;
  (II)  AN OPPORTUNITY FOR CONTRACTORS, ADVOCATES SHIELDING THE IDENTITY
OF INSIDE WHISTLEBLOWERS, AND ALL PERSONS WITHIN THE STATE OF NEW YORK'S
NUCLEAR INDUSTRY TO IDENTIFY CONCERNS REGARDING ANY SAFETY  ISSUE  AT  A
NUCLEAR-POWERED  ELECTRIC GENERATING FACILITY, INCLUDING BUT NOT LIMITED
TO ANY VIOLATIONS OR POTENTIAL VIOLATIONS OF REGULATIONS OF THE  NUCLEAR
REGULATORY COMMISSION;
  (III) THE OPTION OF CONTACTING A NEUTRAL CONSULTANT FOR THE PURPOSE OF
SEEKING  UNBIASED,  NON-GOVERNMENTAL  INFORMATION TO HELP RESOLVE SAFETY
CONCERNS;
  (C) ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND THE AUTHORITY  PURSUANT
TO  THIS  SECTION  SHALL BE HELD STRICTLY CONFIDENTIAL BY THE AUTHORITY,
UNLESS THE EMPLOYEE SPECIFICALLY WAIVES IN WRITING THE RIGHT  TO  CONFI-
DENTIALITY  (THE  PERSON  ALLEGING A SAFETY VIOLATION IS NOT REQUIRED TO
IDENTIFY HIMSELF/HERSELF) TO ANY ENTITY, INCLUDING THE NUCLEAR REGULATO-
RY COMMISSION;
  (D) THE AUTHORITY SHALL PERFORM A PRELIMINARY EVALUATION OF ANY SAFETY
CONCERN IDENTIFIED BY A CALLER WITHIN SEVENTY-TWO  HOURS  AND  GIVE  THE
CALLER  EVALUATION  RIGHTS IF HE OR SHE SO DESIRES AND CONDUCT FOLLOW-UP
REPORTS EVERY TWO WEEKS THEREAFTER FOR AN APPROPRIATE LENGTH OF TIME  TO
BE DETERMINED BY THE AUTHORITY;
  (E)  REGARDING  ANY  CONCERN  FOR WHICH THE AUTHORITY LACKS SUFFICIENT
EXPERTISE TO REACH A CONCLUSION OR WHICH, IN THE  AUTHORITY'S  JUDGMENT,
REPRESENTS  A SIGNIFICANT PUBLIC HEALTH OR SAFETY CONCERN, THE AUTHORITY
SHALL CONTACT THE UNITED STATES  NUCLEAR  REGULATORY  COMMISSION,  SHALL
COMMUNICATE  SUCH  CONCERN,  AND  SHALL MAINTAIN COMMUNICATIONS WITH THE
COMMISSION AND THE CALLER, WHENEVER  POSSIBLE,  REGARDING  ANY  INVESTI-
GATION OF SUCH CONCERN; AND
  (F)  THE  AUTHORITY SHALL CONSULT WITH THE DEPARTMENT OF LAW REGARDING
ANY EMPLOYEE AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY  WHO  MAY
HAVE  RECOURSE  TO  AN ACTION PURSUANT TO SECTION SEVEN HUNDRED FORTY OF
THE LABOR LAW OR SECTION SEVENTY-FIVE-B OF THE CIVIL SERVICE LAW.
  4. WHETHER OR NOT THE AUTHORITY PROCEEDS, THE WHISTLEBLOWER, IF  IDEN-
TIFIED OR THE ADVOCATE WHO IS SHIELDING THE IDENTITY OF AN INSIDE WHIST-

S. 2777--A                          3

LEBLOWER, SHALL HAVE STANDING TO LITIGATE AND SHALL BE ENTITLED TO EXPE-
DITED  PROCEEDINGS  IN THE COURTS OF THIS STATE WITHOUT REGARD TO HAVING
EXHAUSTED ADMINISTRATIVE REMEDIES.
  S  3. Section 1005 of the public authorities  law is amended by adding
a new subdivision 25 to read as follows:
  25. AT EACH NUCLEAR-POWERED  ELECTRIC  GENERATING  FACILITY  OWNED  OR
OPERATED BY THE AUTHORITY, THE AUTHORITY SHALL ESTABLISH AND IMPLEMENT A
WHISTLEBLOWER  PROGRAM.  WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
SUBDIVISION, THE AUTHORITY SHALL SUBMIT TO THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT  AUTHORITY  A  PROPOSED PLAN FOR A PROGRAM TO
IMPLEMENT THE PURPOSES OF THIS SUBDIVISION.  SUCH PROGRAM SHALL INCLUDE,
AT A MINIMUM:
  (A) OPPORTUNITY FOR ACCESS TO SENIOR MANAGEMENT FOR PURPOSES OF COMMU-
NICATING SAFETY CONCERNS THAT AFFECT PUBLIC HEALTH AND SAFETY;
  (B) EDUCATION REGARDING EMPLOYEE RIGHTS AND  PROTECTIONS  PURSUANT  TO
APPLICABLE  STATE  AND  FEDERAL  LAWS AND REGULATIONS, INCLUDING, TO THE
EXTENT PERMITTED BY THE NUCLEAR REGULATORY COMMISSION, DISPLAY AT PROMI-
NENT LOCATIONS WITHIN THE FACILITY OF  THE  TOLL-FREE  TELEPHONE  NUMBER
WHICH PROVIDES ACCESS TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT  AUTHORITY'S  NUCLEAR  WHISTLEBLOWER  ACCESS AND ASSISTANCE PROGRAM
ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED SEVENTY-THREE-A OF THIS
CHAPTER.
  S 4. Section 65 of the public service law is amended by adding  a  new
subdivision 16 to read as follows:
  16.  AT  EACH  NUCLEAR-POWERED  ELECTRIC  GENERATING FACILITY OWNED OR
OPERATED BY AN ELECTRIC CORPORATION, THE CORPORATION SHALL ESTABLISH AND
IMPLEMENT A WHISTLEBLOWER PROGRAM. WITHIN SIX MONTHS  OF  THE  EFFECTIVE
DATE  OF  THIS SUBDIVISION, THE CORPORATION SHALL SUBMIT TO THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY A PROPOSED  PLAN  FOR  A
PROGRAM  TO  IMPLEMENT  THE  PURPOSES  OF THIS SUBDIVISION. SUCH PROGRAM
SHALL INCLUDE, AT A MINIMUM:
  (A) OPPORTUNITY FOR ACCESS TO SENIOR MANAGEMENT FOR PURPOSES OF COMMU-
NICATING SAFETY CONCERNS;
  (B) EDUCATION REGARDING EMPLOYEE RIGHTS AND  PROTECTIONS  PURSUANT  TO
APPLICABLE  STATE  AND  FEDERAL  LAWS AND REGULATIONS, INCLUDING, TO THE
EXTENT PERMITTED BY THE NUCLEAR REGULATORY COMMISSION, DISPLAY AT PROMI-
NENT LOCATIONS WITHIN THE FACILITY OF  THE  TOLL-FREE  TELEPHONE  NUMBER
WHICH PROVIDES ACCESS TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY'S NUCLEAR WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM.
  S  5.  Paragraph (a) of subdivision 2 of section 740 of the labor law,
as amended by chapter 442 of the laws of 2006, is  amended  to  read  as
follows:
  (a) discloses, or threatens to disclose to a supervisor or to a public
body  an  activity,  policy  or  practice  of  the  employer  that is in
violation of  law,  rule  or  regulation  which  violation  creates  and
presents a substantial and specific danger to the public health or safe-
ty,  or  which  constitutes  health  care  fraud,  OR, IN THE CASE OF AN
EMPLOYEE AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY, DISCLOSES OR
THREATENS TO DISCLOSE ANY PUBLIC HEALTH OR SAFETY CONCERN, REGARDLESS OF
WHETHER OR NOT SUCH CONCERN RELATES TO A VIOLATION OF A  LAW,  RULE,  OR
REGULATION;
  S  6.  Subdivision  3  of  section  740 of the labor law is amended by
adding a new undesignated paragraph to read as follows:
  THIS SUBDIVISION SHALL NOT APPLY TO ANY DISCLOSURE MADE BY AN EMPLOYEE
AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY, AS  DEFINED  PURSUANT
TO  SECTION  EIGHTEEN  HUNDRED SEVENTY-THREE-A OF THE PUBLIC AUTHORITIES

S. 2777--A                          4

LAW, WHO BELIEVES IN GOOD-FAITH THAT A DISCLOSURE TO A SUPERVISOR  WOULD
BE INCONSISTENT WITH THE FEDERAL OBSTRUCTION OF JUSTICE LAWS CODIFIED AT
18 U.S.C. 1512 OR THE ATOMIC ENERGY ACT/ENERGY REORGANIZATION ACT.
  S  7.  Paragraph  (c)  of  subdivision  1 of section 75-b of the civil
service law, as added by chapter 660 of the laws of 1984, is amended  to
read as follows:
  (c)  "Governmental  body" shall mean (i) an officer, employee, agency,
department, division, bureau, board, commission, council,  authority  or
other  body  of  a public employer, (ii) employee, committee, member, or
commission of the legislative branch of government,  (iii)  a  represen-
tative,  member  or  employee  of  a legislative body of a county, town,
village or any other political subdivision  or  civil  division  of  the
state,  (iv) a law enforcement agency or any member or employee of a law
enforcement agency, [or] (v) the judiciary or any employee of the  judi-
ciary, (VI) EMPLOYEES AT A NUCLEAR-POWERED ELECTRIC GENERATING FACILITY,
OR (VII) THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
  S  8.  Paragraph  (a)  of  subdivision  2 of section 75-b of the civil
service law, as amended by chapter 899 of the laws of 1986,  is  amended
to read as follows:
  [(a)]  A  public employer shall not dismiss or take other disciplinary
or other adverse personnel action against a  public  employee  regarding
the  employee's  employment  because the employee discloses to a govern-
mental body information: (i) regarding a violation of  a  law,  rule  or
regulation  which  violation  creates  and  presents  a  substantial and
specific danger to the public health or  safety;  [or]  (ii)  which  the
employee  reasonably believes to be true and reasonably believes consti-
tutes an improper governmental action; OR (III) FOR  AN  EMPLOYEE  AT  A
NUCLEAR-POWERED  ELECTRIC  GENERATING  FACILITY,  AS DEFINED PURSUANT TO
SECTION EIGHTEEN HUNDRED SEVENTY-THREE-A OF THE PUBLIC AUTHORITIES  LAW,
WHICH RELATES TO A PUBLIC HEALTH OR SAFETY CONCERN, REGARDLESS OF WHETH-
ER  OR  NOT  SUCH  CONCERN RELATES TO A VIOLATION OF LAW, RULE, OR REGU-
LATION. "Improper governmental action" shall mean any action by a public
employer or employee, or an agent of such employer or employee, which is
undertaken in the performance of such agent's official  duties,  whether
or  not  such action is within the scope of his employment, and which is
in violation of any federal, state or local law, rule or regulation.
  S 9. Section 63 of the executive law is amended by adding a new subdi-
vision 17 to read as follows:
  17. BRING, UPON THE  RECOMMENDATION  OF  THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT  AUTHORITY, ACTIONS PURSUANT TO SECTION SEVEN
HUNDRED FORTY OF THE LABOR LAW AND SECTION SEVENTY-FIVE-B OF  THE  CIVIL
SERVICE  LAW ON BEHALF OF EMPLOYEES AT NUCLEAR-POWERED ELECTRIC GENERAT-
ING FACILITIES, AS DEFINED PURSUANT TO SECTION EIGHTEEN  HUNDRED  SEVEN-
TY-THREE-A OF THE PUBLIC AUTHORITIES LAW.
  S 10. This act shall take effect immediately.

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