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A06548 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6548--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 26, 2015
                                       ___________
 
        Introduced  by  M.  of A. CRESPO, PICHARDO, RIVERA, COOK, CROUCH, FINCH,
          RAIA, DILAN -- Multi-Sponsored by -- M. of A. LUPINACCI --  read  once
          and  referred to the Committee on Agriculture -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee -- recommitted to the Committee on Agriculture in accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law, in relation to regulating the use
          of artificial trans fats and requiring food service facilities to post
          or provide nutritional information on the food products  served  (Part
          A);  to  amend the public health law, in relation to in-utero exposure
          to tobacco smoke prevention (Part B); to amend the public health  law,
          in  relation  to  including  certain  respiratory diseases and obesity
          within disease management demonstration programs (Part  C);  to  amend
          the  public  health  law,  in  relation to the reduction of emphysema,
          chronic bronchitis and other chronic respiratory diseases in  children
          (Part  D);  to  amend  the  public  health  law,  in  relation  to the
          collection and reporting of obesity data (Part E); to amend the public
          health law, in relation to directing the health research science board
          to study respiratory  diseases  and  obesity,  and  childhood  obesity
          prevention  and screening (Part F); to amend the public health law, in
          relation to breastfeeding of  infants  and  the  adolescent  pregnancy
          nutrition  counseling program (Part G); to amend the education law, in
          relation to the use of inhalers and nebulizers (Part H); to amend  the
          real  property law, in relation to residential rental property smoking
          policies (Part I); to amend the state  finance  law,  in  relation  to
          establishing  the  obesity and respiratory disease research and educa-
          tion fund (Part J); to amend the social services law, in  relation  to
          child  day  care  facilities  (Part K); to amend the education law, in
          relation to use of school facilities by not-for-profit and  charitable
          organizations  for after-school programs (Part L); to amend the educa-
          tion law, in relation to screening for childhood obesity and promotion
          of the availability of certain foods and beverages  in  schools  (Part
          M);  to  amend the public buildings law, in relation to bicycle access
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03888-09-6

        A. 6548--B                          2
 
          to public office buildings (Part N); to amend the  education  law,  in
          relation  to  instruction in good health and reducing the incidence of
          obesity (Part O); to amend the public buildings law,  in  relation  to
          bicycle access to public office buildings (Part P); to amend the agri-
          culture  and markets law and the education law, in relation to author-
          izing school districts and institutions of higher education to  donate
          excess  food to local voluntary food assistance programs (Part Q); and
          to amend the insurance law and the public health law, in  relation  to
          making actuarially appropriate reductions in health insurance premiums
          in  return for an enrollee's or insured's participation in a qualified
          wellness program (Part R)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "omnibus obesity and respiratory illness reduction act".
     3    § 2. This act enacts into law major components  of  legislation  which
     4  combat  the  incidence  of  adult  and  child  obesity  and  respiratory
     5  diseases, and encourage the production and consumption of  fresh  fruits
     6  and vegetables. Each component is wholly contained within a Part identi-
     7  fied  as  Parts  A  through  P.  The  effective date for each particular
     8  provision contained within such Part is set forth in the last section of
     9  such Part. Any provision in any section contained within a Part, includ-
    10  ing the effective date of the Part, which makes a reference to a section
    11  "of this act", when used in connection with that  particular  component,
    12  shall  be  deemed  to mean and refer to the corresponding section of the
    13  Part in which it is found.   Section four of this  act  sets  forth  the
    14  general effective date of this act.
 
    15                                   PART A
 
    16    Section  1.  Subdivision  1 of section 206 of the public health law is
    17  amended by adding two new paragraphs (v) and (w) to read as follows:
    18    (v) (i) By rule or regulation, may require food service establishments
    19  including, but not limited to restaurants, dining rooms,  delis,  baker-
    20  ies,  elementary  and  secondary schools, hospitals, mobile food service
    21  vehicles and carts, and child care facilities,  that  prepare,  sell  or
    22  serve  food for immediate consumption by the general public, to restrict
    23  the use of artificial trans fat in the preparation of such food. For the
    24  purposes of this paragraph, the term "artificial trans  fat"  means  any
    25  food that is labeled, and which lists as an ingredient or contains vege-
    26  table  shortening, margarine or any kind of partially hydrogenated vege-
    27  table oil; provided, however, that any  food  with  a  nutritional  fact
    28  label  or  other  documentation from a manufacturer list stating a trans
    29  fat content of less than .5 grams per serving shall  not  be  deemed  to
    30  contain artificial trans fat. Such rules and regulations shall not apply
    31  to  any food served directly to the general public in the manufacturer's
    32  original sealed package. Furthermore, such rules and  regulations  shall
    33  not  apply  to  any food service establishment or mobile food commissary
    34  that is subject to any local law, ordinance, code or rule that regulates
    35  the use or disclosure of artificial trans fats by  food  service  estab-
    36  lishments.
    37    (ii)  The  commissioner may establish a voluntary artificial trans fat
    38  reduction program. Such program may consist of, but shall not be limited

        A. 6548--B                          3
 
     1  to, the following components: (A)  a  public  information  dissemination
     2  program  to  inform  the  public of the health risks associated with the
     3  overconsumption of artificial trans fats, and (B) suggested food  prepa-
     4  ration  methods  that can be followed by food service establishments and
     5  the general public to reduce or eliminate the use  of  artificial  trans
     6  fats.
     7    (w)  (i)  For  purposes  of  this paragraph, the following definitions
     8  shall apply:
     9    (A) "Food service facility" means a  food  service  establishment,  as
    10  defined in the state sanitary code, that operates under common ownership
    11  or  control  with at least twenty-five other food service establishments
    12  with the same name in the state that offer for  sale  substantially  the
    13  same  menu items, or operates as a franchised outlet of a parent company
    14  with at least twenty-five other franchised outlets with the same name in
    15  the state that offer for sale substantially the same menu items.
    16    (B) "Nutritional information" may include the following, per  standard
    17  menu item, as that item is usually prepared and offered for sale:
    18    (I) Total number of calories.
    19    (II) Total number of grams of carbohydrates.
    20    (III) Total number of grams of saturated fat.
    21    (IV) Total number of milligrams of sodium.
    22    (C)  "Point  of  sale"  means  the location where a customer places an
    23  order.
    24    (D) In calculating nutritional information, a  food  service  facility
    25  may  use  any  reasonable  means recognized by the federal food and drug
    26  administration to determine nutritional information for a standard  menu
    27  item, as usually prepared and offered for sale including, but not limit-
    28  ed to, nutrient databases and laboratory analyses.
    29    (ii)(A) by rule or regulation, may require every food service facility
    30  to  disclose  the nutritional information required by clause (B) of this
    31  subparagraph.
    32    (B) a food service facility, by rule or regulation, may be required to
    33  disclose the nutritional information in a clear and  conspicuous  manner
    34  at the point of sale prior to or during the placement of an order.
    35    §  2. This act shall take effect one year after it shall have become a
    36  law, provided that, effective immediately,  any  rules  and  regulations
    37  necessary  to implement the provisions of this act on its effective date
    38  are authorized and directed to be completed on or before such date.
 
    39                                   PART B
 
    40    Section 1. The public health law is amended by adding  a  new  article
    41  13-I to read as follows:
    42                                ARTICLE 13-I
    43                IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
    44  Section 1399-xx. In-utero exposure prevention.
    45          1399-yy. Programs.
    46    §  1399-xx. In-utero exposure prevention. 1. Every health care provid-
    47  er, health care insurer and pregnancy program is encouraged to  distrib-
    48  ute  information  on the adverse effects of smoking during pregnancy for
    49  both firsthand and secondhand smoke. Such adverse effects to the  infant
    50  include  lower  birth rates, higher incidence of asthma and obesity, and
    51  cognitive and developmental damage.
    52    2. Every health care provider shall monitor expectant mothers' smoking
    53  statuses and offer continuous tailored discussion  of  quitting  smoking
    54  with expectant mothers during their prenatal care.

        A. 6548--B                          4
 
     1    § 1399-yy. Programs. The following programs shall be added to existing
     2  tobacco  control  programs  for  pregnant  women  or  to other pregnancy
     3  related programs:
     4    1. Carbon monoxide monitoring;
     5    2.  Depression,  social  support  and  domestic violence screening and
     6  referrals;
     7    3. Referrals for smoking cessation for household members;
     8    4. Ongoing support by counseling and educational materials; and
     9    5. Financial incentives such as diaper coupons for quitting  for  more
    10  than four weeks.
    11    § 2. This act shall take effect on the one hundred eightieth day after
    12  it  shall  have  become  a law. Provided, that effective immediately the
    13  commissioner of health is authorized and directed to promulgate any  and
    14  all  rules  and  regulations,  and  take any other measures necessary to
    15  implement the provisions of this act on its effective date.
 
    16                                   PART C
 
    17    Section 1. Subdivisions 2 and 4 of section 2111 of the  public  health
    18  law, as added by section 21 of part C of chapter 58 of the laws of 2004,
    19  are amended to read as follows:
    20    2.  The  department  shall establish the criteria by which individuals
    21  will be identified as  eligible  for  enrollment  in  the  demonstration
    22  programs.    Persons  eligible  for enrollment in the disease management
    23  demonstration program shall  be  limited  to  individuals  who:  receive
    24  medical  assistance  pursuant  to  title  eleven  of article five of the
    25  social services law and may be eligible for benefits pursuant  to  title
    26  18 of the social security act (Medicare); are not enrolled in a Medicaid
    27  managed  care  plan,  including  individuals who are not required or not
    28  eligible to participate in Medicaid managed care  programs  pursuant  to
    29  section three hundred sixty-four-j of the social services law; are diag-
    30  nosed  with  chronic  health  problems as may be specified by the entity
    31  undertaking the demonstration program, including, but not limited to one
    32  or more of the following: congestive heart failure, chronic  obstructive
    33  pulmonary disease, asthma, chronic bronchitis, other chronic respiratory
    34  diseases, diabetes, adult and childhood obesity, or other chronic health
    35  conditions as may be specified by the department; or have experienced or
    36  are  likely  to experience one or more hospitalizations or are otherwise
    37  expected to incur excessive costs and high utilization  of  health  care
    38  services.
    39    4.  The  demonstration program shall offer evidence-based services and
    40  interventions designed to ensure that the enrollees receive high  quali-
    41  ty, preventative and cost-effective care, aimed at reducing the necessi-
    42  ty  for hospitalization or emergency room care or at reducing lengths of
    43  stay when hospitalization is necessary. The  demonstration  program  may
    44  include  screening  of  eligible enrollees, developing an individualized
    45  care management plan for  each  enrollee  and  implementing  that  plan.
    46  Disease management demonstration programs that utilize information tech-
    47  nology  systems  that allow for continuous application of evidence-based
    48  guidelines to medical assistance claims data and other available data to
    49  identify specific instances in which clinical interventions  are  justi-
    50  fied  and communicate indicated interventions to physicians, health care
    51  providers and/or patients, and monitor physician and health care provid-
    52  er response to such interventions, shall have the enrollees,  or  groups
    53  of enrollees, approved by the department for participation. The services
    54  provided  by  the  demonstration  program as part of the care management

        A. 6548--B                          5
 
     1  plan may include, but are not limited to, case management, social  work,
     2  individualized  health  counselors, multi-behavioral goals plans, claims
     3  data management, health and self-care education, drug therapy management
     4  and  oversight, personal emergency response systems and other monitoring
     5  technologies, systematic chronic health conditions identified for  moni-
     6  toring, telehealth services and similar services designed to improve the
     7  quality and cost-effectiveness of health care services.
     8    § 2. This act shall take effect immediately.

     9                                   PART D
 
    10    Section  1.  Paragraphs (a) and (g) of subdivision 2 of section 2599-b
    11  of the public health law, as amended by section 1 of part A  of  chapter
    12  469 of the laws of 2015, are amended to read as follows:
    13    (a)  developing media health promotion campaigns, in coordination with
    14  the  public  information  provided  pursuant  to   section   twenty-five
    15  hundred-l  of  this  article,  targeted  to children and adolescents and
    16  their parents and caregivers that emphasize  increasing  consumption  of
    17  low-calorie,  high-nutrient  foods, decreasing consumption of high-calo-
    18  rie, low-nutrient foods and increasing  physical  activity  designed  to
    19  prevent or reduce obesity;
    20    education to children and their parents and caregivers; [and]
    21    (g)  developing screening programs, in accordance with section twenty-
    22  five hundred-l of this article, in coordination with health care provid-
    23  ers and institutions including but not limited to day care  centers  and
    24  schools  for  overweight and obesity for children aged two through eigh-
    25  teen years, using body mass index (BMI) appropriate for age and  gender,
    26  and  notification,  in  a  manner protecting the confidentiality of such
    27  children and their families, of parents of BMI status,  and  explanation
    28  of  the  consequences  of  such  status,  including  recommended actions
    29  parents may need to take and information about resources  and  referrals
    30  available  to  families  to  enhance  nutrition and physical activity to
    31  reduce and prevent obesity; and
    32    § 2. This act shall take effect immediately.
 
    33                                   PART E

    34    Section 1.  Section 263 of the public health law, as added by  chapter
    35  538 of the laws of 2002, is amended to read as follows:
    36    § 263. Department authorized to study obesity - report. 1. The depart-
    37  ment  is authorized to sample and collect data on individual cases where
    38  obesity is being actively treated and data collected pursuant to section
    39  twenty-five hundred-l of this chapter, and to analyze such data in order
    40  to evaluate the impact of treating obesity.  Such  data  collection  and
    41  analysis shall include the following:
    42    a.  The  effectiveness  of existing methods for treating or preventing
    43  obesity;
    44    b. The effectiveness of alternate methods for treating  or  preventing
    45  obesity;
    46    c. The fiscal impact of treating or preventing obesity;
    47    d.  The compliance and cooperation of patients with various methods of
    48  treating or preventing obesity; or
    49    e. The reduction in serious medical problems associated with  diabetes
    50  that results from treating or preventing obesity.
    51    2.  The  department  is  authorized to fund the research authorized in
    52  subdivision one of this section and  section  twenty-five  hundred-l  of

        A. 6548--B                          6
 
     1  this chapter from gifts, grants, and donations from individuals, private
     2  organizations,  foundations,  or  any  governmental unit; except that no
     3  gift, grant, or donation may be accepted by  the  department  if  it  is
     4  subject to conditions that are inconsistent with this title or any other
     5  laws  of  this  state. The department shall have the power to direct the
     6  disposition of any such gift, grant, or donation  for  the  purposes  of
     7  this title.
     8    3.  After  completion of the research authorized in subdivision one of
     9  this section, the department shall submit a report and supporting  mate-
    10  rials to the governor and the legislature by June first of the following
    11  year and update such report every three years.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART F
 
    14    Section  1.    Paragraphs (a), (b) and (c) of subdivision 1 of section
    15  2411 of the public health law, as amended by section  5  of  part  A  of
    16  chapter 60 of the laws of 2014, are amended to read as follows:
    17    (a)  Survey  state  agencies, boards, programs and other state govern-
    18  mental entities to assess what, if any, relevant data  has  been  or  is
    19  being  collected  which  may  be of use to researchers engaged in breast
    20  cancer research, or adult and childhood obesity, asthma,  chronic  bron-
    21  chitis or other chronic respiratory disease research;
    22    (b)  Consistent with the survey conducted pursuant to paragraph (a) of
    23  this subdivision, compile a list of data  collected  by  state  agencies
    24  which  may  be  of  assistance  to  researchers engaged in breast cancer
    25  research as established in section twenty-four hundred  twelve  of  this
    26  title,  and  adult  and childhood obesity, asthma, chronic bronchitis or
    27  other chronic respiratory disease research;
    28    (c) Consult with the Centers for Disease Control and  Prevention,  the
    29  National Institutes of Health, the Federal Agency For Health Care Policy
    30  and  Research,  the National Academy of Sciences and other organizations
    31  or entities which may be involved in cancer  research  to  solicit  both
    32  information  regarding  breast  cancer  research projects, and adult and
    33  childhood obesity, asthma, chronic bronchitis or other  chronic  respir-
    34  atory  disease  research projects that are currently being conducted and
    35  recommendations for future research projects;
    36    § 2. The public health law is amended by adding a new  section  2500-l
    37  to read as follows:
    38    §  2500-l. Childhood obesity prevention and screening.  1. Legislative
    39  declaration. The legislature hereby finds, determines and declares  that
    40  obesity,  particularly  childhood  obesity, is a serious medical problem
    41  and that the high incidence of such condition needs to be  curtailed  to
    42  improve  the overall health of the general public and to help reduce the
    43  cost of providing health care in this state. Provided further, that  the
    44  legislature hereby reaffirms the legislative intent contained in section
    45  two hundred sixty-one of this chapter concerning obesity.
    46    2.  The  commissioner may establish, for use by pediatric primary care
    47  providers and hospitals, best practice protocols for the  early  screen-
    48  ing, identification and treatment of children who have low birth weights
    49  or  may  become  susceptible  to  contracting asthma or manifest to have
    50  childhood obesity conditions. Such protocols shall incorporate standards
    51  and guidelines established by the American Academy of Pediatricians, the
    52  federal department of agriculture, the federal department of health  and
    53  human services, the surgeon general, and the centers for disease control
    54  and prevention.

        A. 6548--B                          7
 
     1    3.  The  department, in order to support quality care in all hospitals
     2  with obstetric services and for all pediatric primary care providers, is
     3  authorized to provide non-patient specific information for all births at
     4  each affiliate hospital in each regional perinatal center's  network  to
     5  the regional perinatal center and the affiliate, except that such infor-
     6  mation  shall  include zip code and a unique identifier, such as medical
     7  record number.
     8    4. The information when received by the department shall be used sole-
     9  ly for the purpose of improving quality of care and shall not be subject
    10  to release under article six of  the  public  officers  law,  and  where
    11  applicable,  shall  be  subject  to  the  confidentiality  provisions of
    12  section twenty-eight hundred five-m of this  chapter,  except  that  the
    13  release  of  birth  certificate  information shall be subject to section
    14  forty-one hundred seventy-four of this chapter.
    15    5. The commissioner may  release  information  collected  through  the
    16  statewide   perinatal  data  system,  pursuant  to  section  twenty-five
    17  hundred-h of this title and corresponding information related to asthma,
    18  childhood obesity or underweight babies to his or her designees, includ-
    19  ing persons or entities under contract with  the  department  to  review
    20  quality  of  care  issues, as related to the provisions of this section,
    21  and to conduct quality improvement initiatives  as  needed  to  monitor,
    22  evaluate  and improve patient care and outcomes. Such designee or person
    23  or entity under contract with the department to review quality  of  care
    24  issues  shall  maintain  the confidentiality of all such information and
    25  shall use it only to improve quality of care, as approved by the depart-
    26  ment, and to implement the provisions of title five of  article  two  of
    27  this  chapter, as added by chapter five hundred thirty-eight of the laws
    28  of two thousand two.
    29    6. The department may produce and distribute educational materials  on
    30  childhood  obesity  and asthma risks and precautions. Such materials may
    31  be made available to child  care  centers,  pediatricians  and  nursery,
    32  elementary and secondary schools for distribution to persons in parental
    33  relation  to  children,  and  to  hospitals,  birthing centers and other
    34  appropriate  health  care  providers  for  distribution   to   maternity
    35  patients.  In  addition,  such  materials may be provided to health care
    36  professionals engaged in the care and treatment of children for distrib-
    37  ution to such children and persons in parental relation. The  department
    38  may  also  provide information on childhood obesity and asthma risks and
    39  precautions on the department's internet website. No provision  of  this
    40  subdivision shall be deemed to prohibit the utilization and distribution
    41  of  educational  materials  relating  thereto  produced  by  any public,
    42  private or governmental entity, in lieu of the  department's  production
    43  of such materials.
    44    7.  The department shall periodically review available data on obesity
    45  and asthma in children and update the information on  childhood  obesity
    46  and  asthma risks and precautionary measures provided in its educational
    47  materials and on its internet website, as appropriate.
    48    § 3. This act shall take effect immediately.
 
    49                                   PART G
 
    50    Section 1.  The education law is amended by adding a new  section  923
    51  to read as follows:
    52    § 923. Use of nebulizer. 1. Every school district and board of cooper-
    53  ative  educational services in this state may maintain one or more nebu-

        A. 6548--B                          8

     1  lizers in the office of the school nurse  or  in  a  similar  accessible
     2  location.
     3    2.  The commissioner, in consultation with the commissioner of health,
     4  may promulgate regulations for the administration of  asthma  medication
     5  through  the use of a nebulizer by the school nurse or person authorized
     6  by regulation. The regulations may include:
     7    a. a requirement that each certified nurse or other person  authorized
     8  to  administer  asthma  medication in schools receive training in airway
     9  management and in the use of nebulizers  and  inhalers  consistent  with
    10  nationally recognized standards; and
    11    b.  a  requirement that each pupil authorized to use asthma medication
    12  pursuant to section nine hundred sixteen of this article or a  nebulizer
    13  have  an  asthma  treatment plan prepared by the physician of the pupil,
    14  which identify, at a minimum, asthma triggers, the treatment  plan,  and
    15  such other elements as shall be determined by the regents.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law; provided, however, that effective immediate-
    18  ly  the  commissioner of education is authorized to promulgate rules and
    19  regulations necessary for the implementation of this act on such  effec-
    20  tive date.
 
    21                                   PART H
 
    22    Section  1.  The  real property law is amended by adding a new section
    23  235-h to read as follows:
    24    § 235-h. Residential rental property smoking  policies.  Every  rental
    25  agreement  for  a  dwelling  unit,  in a multiple dwelling building with
    26  twenty or more units, shall include a disclosure of the  smoking  policy
    27  for  the  premises on which the dwelling unit is located. The disclosure
    28  must state whether smoking is prohibited on the premises, allowed on the
    29  entire premises or allowed in limited areas  on  the  premises.  If  the
    30  smoking  policy  allows  smoking  in  limited areas on the premises, the
    31  disclosure must identify the areas on  the  premises  where  smoking  is
    32  allowed.
    33    §  2. This act shall take effect on the first of January next succeed-
    34  ing the date on which it shall have become a law.
 
    35                                   PART I
 
    36    Section 1.  The state finance law is amended by adding a  new  section
    37  91-h to read as follows:
    38    §  91-h.  Obesity and respiratory disease research and education fund.
    39  1. There is hereby established in the joint custody of the  commissioner
    40  of  taxation and finance and the comptroller, a special fund to be known
    41  as the "obesity and respiratory disease research and education fund".
    42    2. Such fund shall consist of all  revenue  received  pursuant  to  an
    43  appropriation  thereto,  and  all other moneys appropriated, credited or
    44  transferred thereto from any other  fund  or  source  pursuant  to  law.
    45  Nothing  in  this  section  shall  be  deemed  to prevent the state from
    46  receiving grants, gifts or bequests for the purposes  of  the  fund  and
    47  depositing them into the fund according to law.
    48    3.  Monies  of the fund shall be expended only for adult and childhood
    49  obesity, asthma, chronic bronchitis or other chronic respiratory disease
    50  research and educational projects conducted pursuant to  sections  twen-
    51  ty-four hundred eleven, twenty-five hundred and twenty-five hundred-l of
    52  the public health law.

        A. 6548--B                          9
 
     1    4.  Monies  shall be payable from the fund on the audit and warrant of
     2  the comptroller on vouchers approved or certified by the commissioner of
     3  health.
     4    § 2. This act shall take effect immediately.
 
     5                                   PART J
 
     6    Section  1.    Paragraph  (a) of subdivision 2-a of section 390 of the
     7  social services law, as added by chapter 416 of the  laws  of  2000,  is
     8  amended to read as follows:
     9    (a)  The office of children and family services shall promulgate regu-
    10  lations  which  establish  minimum  quality  program  requirements   for
    11  licensed  and  registered child day care homes, programs and facilities.
    12  Such requirements shall include but not be limited to (i) the  need  for
    13  age  appropriate  activities,  materials and equipment to promote cogni-
    14  tive, educational, social, cultural, physical, emotional,  language  and
    15  recreational  development  of  children  in  care in a safe, healthy and
    16  caring environment (ii) principles of childhood development (iii) appro-
    17  priate staff/child ratios for family day care homes,  group  family  day
    18  care  homes, school age day care programs and day care centers, provided
    19  however that such staff/child ratios shall not be  less  stringent  than
    20  applicable  staff/child  ratios  as set forth in part four hundred four-
    21  teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
    22  teen of title eighteen of the New York code of rules and regulations  as
    23  of January first, two thousand (iv) appropriate levels of supervision of
    24  children  in care (v) appropriate levels of physical activity and nutri-
    25  tional offerings to encourage healthy eating and living habits  to  help
    26  lower  the  incidence  of  childhood  obesity (vi) minimum standards for
    27  sanitation, health, infection control, nutrition, buildings  and  equip-
    28  ment,  safety,  security  procedures,  first  aid, fire prevention, fire
    29  safety, evacuation plans and  drills,  prevention  of  child  abuse  and
    30  maltreatment,  staff  qualifications  and  training, record keeping, and
    31  child behavior management.
    32    § 2. Section 390-a of the social services law is amended by  adding  a
    33  new subdivision 6 to read as follows:
    34    6.  No  family  day  care home, group family day care home, school age
    35  child care program or child day care center shall discourage  activities
    36  related  to  breast  feeding  a child or feeding a child who is fed with
    37  expressed breast milk.
    38    § 3. This act shall take effect on the first of January next  succeed-
    39  ing  the date on which it shall have become a law; provided that, effec-
    40  tive immediately, any rules and regulations necessary to  implement  the
    41  provisions of this act on its effective date are authorized and directed
    42  to be completed on or before such date.

    43                                   PART K
 
    44    Section  1.  Subdivision  1  of  section  414  of the education law is
    45  amended by adding a new paragraph (l) to read as follows:
    46    (l) For bona fide after-school programs operated by  a  not-for-profit
    47  or  charitable  organization.  Such  programs shall present some form of
    48  educational instruction or academic material, or promote physical educa-
    49  tion.
    50    § 2. Subdivision 2 of section 414 of the education law, as amended  by
    51  chapter 513 of the laws of 2005, is amended to read as follows:

        A. 6548--B                         10
 
     1    2.  The  trustees  or board of education shall determine the terms and
     2  conditions for such use which may include rental at least in  an  amount
     3  sufficient  to  cover  all  resulting expenses for the purposes of para-
     4  graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
     5  of this section. For the purposes of paragraph (1) of subdivision one of
     6  this section, the trustees or board of education may provide that either
     7  no fee or a minimal fee be imposed upon the not-for-profit or charitable
     8  organization. Any such use, pursuant to [paragraphs] paragraph (a), (c),
     9  (d), (h) [and], (j) or (l) of subdivision one of this section, shall not
    10  allow  the  exclusion of any district child solely because said child is
    11  not attending a district school or not  attending  the  district  school
    12  which is sponsoring such use or on which grounds the use is to occur.
    13    § 3. Subdivision 27 of section 2590-h of the education law, as amended
    14  by chapter 345 of the laws of 2009, is amended to read as follows:
    15    27.  Promulgate regulations, in conjunction with each community super-
    16  intendent, establishing a plan for providing access to school facilities
    17  in each community school district, when not in use for school  purposes,
    18  in  accordance  with  the provisions of section four hundred fourteen of
    19  this chapter. Such plan shall set forth a reasonable system of fees  not
    20  to  exceed  the  actual  costs and specify that no part of any fee shall
    21  directly or indirectly benefit or be deposited  into  an  account  which
    22  inures  to  the  benefit  of  the  custodians  or  custodial  engineers.
    23  Notwithstanding any other provision of law, rule or  regulation  to  the
    24  contrary,  such  plan    may provide that either no fee or a minimal fee
    25  shall be charged for the use of school facilities by a not-for-profit or
    26  charitable organization. The use of such facilities shall  only  be  for
    27  bona  fide  after-school  programs that present some form of educational
    28  instruction or academic material, or promote physical education.
    29    § 4. Subdivision 27 of section 2590-h of the education law, as amended
    30  by chapter 720 of the laws of 1996, is amended to read as follows:
    31    27. Develop, in conjunction with each community superintendent, a plan
    32  for providing access to  school  facilities  in  each  community  school
    33  district,  when  not  in use for school purposes, in accordance with the
    34  provisions of section four hundred fourteen of this chapter.  Such  plan
    35  shall  set  forth  a  reasonable system of fees not to exceed the actual
    36  costs and specify that no part of any fee shall directly  or  indirectly
    37  benefit  or  be deposited into an account which inures to the benefit of
    38  the custodians  or  custodial  engineers.    Notwithstanding  any  other
    39  provision  of  law,  rule  or  regulation to the contrary, such plan may
    40  provide that either no fee or a minimal fee shall be charged for the use
    41  of school facilities by a not-for-profit or charitable organization. The
    42  use of such facilities shall only be for bona fide after-school programs
    43  that present some form of educational instruction or academic  material,
    44  or promote physical education.
    45    § 5. This act shall take effect on the one hundred eightieth day after
    46  it  shall have become a law; provided that the amendments to subdivision
    47  27 of section 2590-h of the education law, made by section three of this
    48  act, shall be subject to the expiration and reversion of  such  section,
    49  pursuant  to  subdivision 12 of section 17 of chapter 345 of the laws of
    50  2009, as amended, when upon such date the provisions of section four  of
    51  this act shall take effect.
 
    52                                   PART L

        A. 6548--B                         11
 
     1    Section 1. Section 901 of the education law, as amended by chapter 477
     2  of  the laws of 2004, subdivision 1 as amended by section 57 of part A-1
     3  of chapter 58 of the laws of 2006, is amended to read as follows:
     4    § 901. School  health  services  to  be  provided.  1.  School  health
     5  services, as defined in  subdivision  two  of  this  section,  shall  be
     6  provided  by  each school district for all students attending the public
     7  schools in this state, except in the city school district of the city of
     8  New York, as provided in this  article.  School  health  services  shall
     9  include  the  services  of  a  registered  professional nurse, if one is
    10  employed, and shall also include such services as  may  be  rendered  as
    11  provided  in  this  article  in  examining students for the existence of
    12  disease or disability, or may include services related to examining  for
    13  childhood obesity based upon the calculation of each student's body mass
    14  index  and  weight status category pursuant to section nine hundred four
    15  of this article, and in testing the eyes and ears of such students.
    16    2. School health services for the purposes of this article shall  mean
    17  the  several procedures, including, but not limited to, medical examina-
    18  tions, dental inspection and/or screening, scoliosis  screening,  vision
    19  screening  [and], audiometer tests, and childhood obesity as measured by
    20  body mass index and weight status category, designed  to  determine  the
    21  health  status  of  the  child;  to  inform  parents or other persons in
    22  parental relation to the child, pupils and teachers  of  the  individual
    23  child's  health  condition  subject to federal and state confidentiality
    24  laws; to guide parents, children and teachers in procedures for prevent-
    25  ing and correcting defects [and], diseases and childhood obesity  condi-
    26  tions; to instruct the school personnel in procedures to take in case of
    27  accident  or  illness;  to  survey  and  make  necessary recommendations
    28  concerning the health and safety aspects of school  facilities  and  the
    29  provision of health information.
    30    §  2.  Subdivisions  1,  3  and 4 of section 903 of the education law,
    31  subdivision 1 as amended by chapter 376 of the laws  of  2015,  subdivi-
    32  sions  3  and 4 as amended by chapter 281 of the laws of 2007, and para-
    33  graph a of subdivision 3 as amended by section 28 of part A  of  chapter
    34  58 of the laws of 2008, are amended to read as follows:
    35    1.  A  health  certificate  shall  be furnished by each student in the
    36  public schools upon his or her entrance in such schools and upon his  or
    37  her entry into the grades prescribed by the commissioner in regulations,
    38  provided  that such regulations shall require such certificates at least
    39  twice during the elementary grades and twice in the secondary grades. An
    40  examination and health history of any child may be required by the local
    41  school authorities at any time in their discretion to promote the educa-
    42  tional interests of such child. Each certificate shall be  signed  by  a
    43  duly licensed physician, physician assistant, or nurse practitioner, who
    44  is  authorized  by  law  to  practice in this state, and consistent with
    45  subdivision three of section six thousand nine hundred two of this chap-
    46  ter, or by a duly licensed  physician,  physician  assistant,  or  nurse
    47  practitioner, who is authorized to practice in the jurisdiction in which
    48  the examination was given, provided that the commissioner has determined
    49  that  such jurisdiction has standards of licensure and practice compara-
    50  ble to those of New York.   Each such  certificate  shall  describe  the
    51  condition  of the student when the examination was made, which shall not
    52  be more than twelve months prior to the commencement of the school  year
    53  in  which  the  examination  is  required,  and shall state whether such
    54  student is in a fit condition of health to permit his or her  attendance
    55  at  the  public  schools.    The examination may include a diabetes risk
    56  analysis and, if necessary,  children  with  risk  factors  for  type  1

        A. 6548--B                         12
 
     1  diabetes, or risk factors associated with type 2 diabetes such as obesi-
     2  ty, a family history of type 2 diabetes, or any other factors consistent
     3  with  increased risk shall be tested for diabetes. Each such certificate
     4  shall  also  state the student's body mass index (BMI) and weight status
     5  category. For purposes of this section, BMI is computed as the weight in
     6  kilograms divided by the square of height in meters  or  the  weight  in
     7  pounds divided by the square of height in inches multiplied by a conver-
     8  sion  factor  of  703. Weight status categories for children and adoles-
     9  cents shall be as defined by the commissioner of health. In  all  school
    10  districts  such  physician,  physician  assistant  or nurse practitioner
    11  shall determine whether a one-time test for sickle cell anemia is neces-
    12  sary or desirable and he or she  shall  conduct  such  a  test  and  the
    13  certificate shall state the results.
    14    3.  a. Within thirty days after the student's entrance in such schools
    15  or grades, the health certificate shall be submitted to the principal or
    16  his or her designee and shall  be  filed  in  the  student's  cumulative
    17  health  record. If such student does not present a health certificate as
    18  required in this section, unless he or  she  has  been  accommodated  on
    19  religious grounds, the principal or the principal's designee shall cause
    20  a notice to be sent to the parents or person in parental relationship to
    21  such  student  that  if the required health certificate is not furnished
    22  within thirty days from the date of such notice, an examination will  be
    23  made  of  such  student,  as  provided  in this article. Each school and
    24  school district [chosen as part of an appropriate sampling  methodology]
    25  shall  participate  in  surveys  directed  by the commissioner of health
    26  pursuant to the public health law  in  relation  to  students'  BMI  and
    27  weight  status  categories  as reported on the school health certificate
    28  and which shall be subject to audit by the commissioner of health.  Such
    29  surveys  shall  contain the information required pursuant to subdivision
    30  one of this section in relation to students' BMI and weight status cate-
    31  gories in aggregate. Parents or other persons in parental relation to  a
    32  student  may refuse to have the student's BMI and weight status category
    33  included in such survey.  Each school and school district shall  provide
    34  the  commissioner of health with any information, records and reports he
    35  or she may require for the purpose of such audit.  The  BMI  and  weight
    36  status  survey  and  audit  as  described  in  this subdivision shall be
    37  conducted consistent with confidentiality requirements imposed by feder-
    38  al law.
    39    b. Within thirty days after the student's entrance in such schools  or
    40  grades,  the  dental  health certificate, if obtained, shall be filed in
    41  the student's cumulative health record.
    42    4. Notwithstanding the provisions of subdivisions one, two  and  three
    43  of  this  section,  no  examinations  for a health certificate or health
    44  history shall be  required  or  dental  certificate  requested,  and  no
    45  screening examinations for sickle cell anemia or childhood obesity shall
    46  be required where a student or the parent or person in parental relation
    47  to such student objects thereto on the grounds that such examinations or
    48  health  history  conflict  with  their  genuine  and  sincere  religious
    49  beliefs.
    50    § 3. Subdivision 1 of section 904 of the education law, as amended  by
    51  section  12  of  part B of chapter 58 of the laws of 2007, is amended to
    52  read as follows:
    53    1. Each principal of a public school, or his or  her  designee,  shall
    54  report  to  the  director  of school health services having jurisdiction
    55  over such school, the names of  all  students  who  have  not  furnished
    56  health  certificates  as  provided in section nine hundred three of this

        A. 6548--B                         13
 
     1  article, or who are children with disabilities, as  defined  by  article
     2  eighty-nine  of this chapter, and the director of school health services
     3  shall cause such students to be separately and  carefully  examined  and
     4  tested  to ascertain whether any student has defective sight or hearing,
     5  or any other physical disability which may tend to prevent  him  or  her
     6  from  receiving  the  full  benefit  of school work, or from requiring a
     7  modification of such work to prevent  injury  to  the  student  or  from
     8  receiving  the  best  educational results.   Each examination shall also
     9  include a calculation of the student's body mass index (BMI) and  weight
    10  status  category.  For  purposes of this section, BMI is computed as the
    11  weight in kilograms divided by the square of height  in  meters  or  the
    12  weight in pounds divided by the square of height in inches multiplied by
    13  a  conversion  factor  of 703. Weight status categories for children and
    14  adolescents shall be as defined by the commissioner of  health.  In  all
    15  school  districts,  such physician, physician assistant or nurse practi-
    16  tioner shall determine whether a one-time test for sickle cell anemia is
    17  necessary or desirable and he or she shall conduct such  tests  and  the
    18  certificate  shall  state the results. If it should be ascertained, upon
    19  such test or examination, that any of such students have defective sight
    20  or hearing[,]  or  other  physical  disability,  including  sickle  cell
    21  anemia,  as  above  described, or are obese, the principal or his or her
    22  designee shall notify the parents  of,  or  other  persons  in  parental
    23  relation  to,  the  child as to the existence of such disability. If the
    24  parents or other persons in parental relation are unable or unwilling to
    25  provide the necessary relief and treatment for such students, such  fact
    26  shall  be reported by the principal or his or her designee to the direc-
    27  tor of school health services, whose duty it shall be to provide  relief
    28  for such students. Each school and school district [chosen as part of an
    29  appropriate  sampling methodology] shall participate in surveys directed
    30  by the commissioner of health pursuant  to  the  public  health  law  in
    31  relation  to students' BMI and weight status categories as determined by
    32  the examination conducted pursuant to this section and  which  shall  be
    33  subject  to  audit  by  the  commissioner  of health. Such surveys shall
    34  contain  the  information  required  pursuant  to  this  subdivision  in
    35  relation  to  students'  BMI  and weight status categories in aggregate.
    36  [Parents or other persons in parental relation to a student  may  refuse
    37  to  have  the  student's BMI and weight status category included in such
    38  survey.] Each school and school district shall provide the  commissioner
    39  of  health  with  any  information,  records  and  reports he or she may
    40  require for the purpose of such audit. The BMI and weight status  survey
    41  and  audit  as  described  in this section shall be conducted consistent
    42  with  confidentiality  requirements  imposed  by  federal   law.   [Data
    43  collection  for  such surveys shall commence on a voluntary basis at the
    44  beginning of the two thousand seven academic school  year,  and  by  all
    45  schools  chosen  as part of the sampling methodology at the beginning of
    46  the two thousand eight academic school year.] The department shall  also
    47  utilize  the  collected  data  to  develop a report of child obesity and
    48  obesity related diseases.
    49    § 4. Section 912 of the education law, as amended by  chapter  477  of
    50  the laws of 2004, is amended to read as follows:
    51    § 912. Health  and welfare services to all children. The voters and/or
    52  trustees or board of education of  every  school  district  shall,  upon
    53  request  of the authorities of a school other than public, provide resi-
    54  dent children who attend such school with any or all of the  health  and
    55  welfare  services and facilities which are made available by such voters
    56  and/or trustees or board of education to or for children  attending  the

        A. 6548--B                         14

     1  public  schools  of the district. Such services may include, but are not
     2  limited to all services performed by a physician,  physician  assistant,
     3  dentist,  dental hygienist, registered professional nurse, nurse practi-
     4  tioner, school psychologist, school social worker or school speech ther-
     5  apist,  and  may  also  include  dental  prophylaxis, vision and hearing
     6  screening examinations,  childhood  obesity  screening,  the  taking  of
     7  medical  histories and the administration of health screening tests, the
     8  maintenance of cumulative health records and the administration of emer-
     9  gency care programs for ill or injured students. Any  such  services  or
    10  facilities  shall  be  so  provided notwithstanding any provision of any
    11  charter or other provision of law inconsistent herewith. Where  children
    12  residing  in  one  school  district  attend  a  school other than public
    13  located in another  school  district,  the  school  authorities  of  the
    14  district  of residence shall contract with the school authorities of the
    15  district where such nonpublic school is located, for  the  provision  of
    16  such  health and welfare services and facilities to such children by the
    17  school district where such nonpublic school is located, for a  consider-
    18  ation  to  be  agreed  upon  between  the  school  authorities  of  such
    19  districts, subject to the  approval  of  the  qualified  voters  of  the
    20  district  of  residence when required under the provisions of this chap-
    21  ter. Every such contract shall be in writing and in the form  prescribed
    22  by the commissioner, and before such contract is executed the same shall
    23  be submitted for approval to the superintendent of schools having juris-
    24  diction  over  such  district  of  residence and such contract shall not
    25  become effective until approved by such superintendent.
    26    § 5. Subdivisions 4 and 5 of section 918  of  the  education  law,  as
    27  added  by  chapter  493  of  the  laws  of  2004, are amended to read as
    28  follows:
    29    4. The committee is encouraged to study and  make  recommendations  on
    30  all  facets  of the current nutritional policies of the district includ-
    31  ing, but not limited to, the goals of the district to promote health and
    32  proper nutrition, reduce the incidence  of  childhood  obesity,  vending
    33  machine  sales,  menu  criteria, educational curriculum teaching healthy
    34  nutrition, and educational information provided to parents or  guardians
    35  regarding  healthy nutrition and the health risks associated with obesi-
    36  ty, asthma, chronic bronchitis and other chronic  respiratory  diseases.
    37  Provided,  further,  the committee may provide information to persons in
    38  parental relation on opportunities offered to parents  or  guardians  to
    39  encourage  healthier  eating  habits  to  students,  and  the  education
    40  provided to teachers and other staff as to  the  importance  of  healthy
    41  nutrition  and  about the dangers of childhood obesity.  In addition the
    42  committee  shall  consider  recommendations  and  practices   of   other
    43  districts and nutrition studies.
    44    5.  The committee is encouraged to report periodically to the district
    45  regarding practices that will educate teachers, parents or guardians and
    46  children about healthy nutrition and raise awareness of the  dangers  of
    47  childhood  obesity, asthma, chronic bronchitis and other chronic respir-
    48  atory diseases.  The committee is encouraged also to provide any  parent
    49  teacher  associations in the district with such findings and recommenda-
    50  tions.
    51    § 6. This act shall take effect two years after it shall have become a
    52  law.
 
    53                                   PART M

        A. 6548--B                         15
 
     1    Section 1. Subdivisions 1 and 5 of section 803 of the  education  law,
     2  as  amended  by  chapter 118 of the laws of 1957, are amended to read as
     3  follows:
     4    1.  All  pupils  above  the  age  of eight years in all elementary and
     5  secondary schools, shall receive as part of the  prescribed  courses  of
     6  instruction  therein  such physical education under the direction of the
     7  commissioner [of education] as the regents may determine.  Such  courses
     8  shall  be designed to aid in the well-rounded education of pupils and in
     9  the development of character,  citizenship,  overall  physical  fitness,
    10  good  health  [and],  the worthy use of leisure and the reduction in the
    11  incidence of childhood obesity.   Pupils above such  age  attending  the
    12  public  schools shall be required to attend upon such prescribed courses
    13  of instruction.
    14    5. (a) It shall be the duty of the regents to adopt rules  determining
    15  the  subjects  to  be included in courses of physical education provided
    16  for in this section, the period of instruction in each of such  courses,
    17  the  qualifications of teachers, and the attendance upon such courses of
    18  instruction.
    19    (b) Notwithstanding any other provision of this section,  the  regents
    20  may  provide  in  its  rules  that  the  physical  education instruction
    21  requirement for all students enrolled in elementary and secondary school
    22  grades shall, where feasible, include daily physical exercise or  activ-
    23  ity,  including students with disabling conditions and those in alterna-
    24  tive education programs. The regents  may  include  in  its  rules  that
    25  students enrolled in such elementary and secondary schools shall partic-
    26  ipate  in  physical education, exercise or activity for a minimum of one
    27  hundred twenty minutes during each school week. The regents may  provide
    28  for a two-year phase-in schedule for daily physical education in elemen-
    29  tary schools in its rules.
    30    §  2.  The  section  heading  and  subdivision 1 of section 804 of the
    31  education law, the section heading as amended by chapter 401 of the laws
    32  of 1998 and subdivision 1 as added by chapter 982 of the laws  of  1977,
    33  are amended and a new subdivision 3-b is added to read as follows:
    34    Health   education   regarding  alcohol,  drugs,  tobacco  abuse,  the
    35  reduction in the incidence of obesity, and the prevention and  detection
    36  of certain cancers. 1. All schools shall include, as an integral part of
    37  health,  science, or physical education, instruction so as to discourage
    38  the misuse and abuse of alcohol, tobacco[,] and other drugs,  to  reduce
    39  the  incidence  of  obesity,  and  promote  attitudes  and behavior that
    40  enhance health, well being, and human dignity.
    41    3-b. Instruction regarding the long term health risks associated  with
    42  obesity and methods of preventing and reducing the incidence of obesity,
    43  including  good  nutrition and regular exercise. Such instruction may be
    44  an integral part of required  health,  science,  or  physical  education
    45  courses.
    46    §  3. Subdivision 1 of section 804-a of the education law, as added by
    47  chapter 730 of the laws of 1986, is amended to read as follows:
    48    1.   Within the  amounts  appropriated,  the  commissioner  is  hereby
    49  authorized  to establish a demonstration program and to distribute state
    50  funds to local  school  districts,  boards  of  cooperative  educational
    51  services  and  in  certain instances community school districts, for the
    52  development, implementation, evaluation, validation,  demonstration  and
    53  replication  of  exemplary  comprehensive  health  education programs to
    54  assist the public schools in developing curricula, training  staff,  and
    55  addressing local health education needs of students, parents, and staff.
    56  Such  programs  shall  serve  the  purpose  of  developing and enhancing

        A. 6548--B                         16
 
     1  pupils' health knowledge, skills,  attitudes  and  behaviors,  which  is
     2  fundamental  to  improving their health status and academic performance,
     3  as well as reducing  the  incidence  of  adolescent  pregnancy,  alcohol
     4  abuse,  tobacco abuse, truancy, suicide, substance abuse, obesity, asth-
     5  ma, other chronic respiratory diseases, and other problems of  childhood
     6  and adolescence.
     7    §  4. Section 813 of the education law, as added by chapter 296 of the
     8  laws of 1994, is amended to read as follows:
     9    § 813. School lunch period; scheduling.  Each school shall schedule  a
    10  reasonable time during each school day for each full day pupil attending
    11  pre-kindergarten  through  grade twelve with ample time to consume lunch
    12  and to engage in physical exercise or recreation.
    13    § 5. This act shall take effect immediately.
 
    14                                   PART N
 
    15    Section 1. Section 11 of the public buildings law, as added by chapter
    16  819 of the laws of 1987 and subdivision 2 as amended by chapter  126  of
    17  the laws of 1988, is amended to read as follows:
    18    § 11. Pilot  program  of  bicycle parking facilities.   1. Legislative
    19  finding. In recognition of the role which bicycles can serve as a  valu-
    20  able  transportation  mode  with  energy  conservation, health, physical
    21  fitness and environmental benefits, it is  hereby  declared  to  be  the
    22  policy of the state that provision for adequate and safe bicycle facili-
    23  ties including the use of present facilities for safe and secure bicycle
    24  parking  and  storage  be  included  in the planning [and], development,
    25  construction or reconstruction of all state facilities.
    26    2. (a) The commissioner of general services shall undertake a  [pilot]
    27  program for the provision and promotion of safe and secure bicycle park-
    28  ing  facilities  at state office buildings for state employees and visi-
    29  tors at such buildings. The commissioner[, within one year of the enact-
    30  ment of this  section,]  of  general  services  shall  provide,  at  the
    31  principal  office  buildings  under  his  or  her superintendence at the
    32  Nelson A. Rockefeller Empire State Plaza in Albany[, New  York],  secure
    33  bicycle parking facilities for use by employees and visitors.  Provided,
    34  further,  that the commissioner of general services shall make an inven-
    35  tory of all existing bicycle parking and storage facilities at all state
    36  office buildings and office buildings in which the state leases or occu-
    37  pies space. Such inventory shall be made only of state owned  or  leased
    38  buildings  or  offices  which have over fifty state employees located at
    39  such site or in which the visitation rate by the general public is  over
    40  five hundred visitors, on average, each month. Such inventory of bicycle
    41  parking  and  storage  facilities shall be completed within two years of
    42  the effective date of the chapter of the laws of  two  thousand  sixteen
    43  which amended this section.
    44    (b)  The commissioner of general services is also authorized, within a
    45  reasonable period and where feasible, to provide suitable support facil-
    46  ities including clothing lockers, showers and changing  facilities,  and
    47  to charge a reasonable use fee.
    48    (c) For the purpose of this section, the term "bicycle parking facili-
    49  ty"  means a device or enclosure, located within a building or installa-
    50  tion, or conveniently  adjacent  thereto,  that  is  easily  accessible,
    51  clearly  visible  and  so  located as to minimize the danger of theft of
    52  bicycles. Such a device shall consist of  a  parking  rack,  locker,  or
    53  other  device constructed to enable the frame and both wheels of a bicy-
    54  cle to be secured with ease by use of a padlock in a  manner  that  will

        A. 6548--B                         17
 
     1  minimize  the  risk of theft, or an enclosure which limits access to the
     2  bicycles and is under observation by an attendant.
     3    3.  Upon  completion  of  a  state office building bicycle parking and
     4  storage facilities inventory provided for in paragraph (a)  of  subdivi-
     5  sion  two  of  this  section, the commissioner of general services shall
     6  develop a plan to expand  bicycle  parking  and  storage  facilities  to
     7  encourage  the use of such facilities by state employees and the general
     8  public that patronize such facilities to conduct public  business.  Such
     9  plan shall be completed within eighteen months after finalization of the
    10  parking  and  storage  facilities inventory. Such plan shall contain and
    11  address the following elements to  encourage  state  employees  and  the
    12  general  public  to  use  bicycles  more frequently at each state office
    13  building facility or leased premise:
    14    (a) The inventory of bicycle parking and storage facilities  shall  be
    15  ranked  from  highest to lowest based on the existing unfulfilled demand
    16  for such facilities at state office buildings. Such ranking  shall  also
    17  consider  increased  future demand or the potential for increased future
    18  demand of such parking and storage facilities;
    19    (b) In urban settings, there shall be  a  plan  to  develop  an  ample
    20  supply  of  secure  covered and uncovered off-street bicycle parking and
    21  storage or alternate indoor parking or storage for such bicycles;
    22    (c) Adequate posting of such bicycle parking  and  storage  facilities
    23  shall  be  provided  for  and  placed  around such state office building
    24  facility to encourage utilization of such parking and storage facilities
    25  by state employees and the general public;
    26    (d) A marketing plan and community outreach effort shall  provide  for
    27  the  dissemination  of information to state employees, visitors to state
    28  office buildings, and to the general public to encourage individuals  to
    29  use bicycles when traveling to such buildings or facilities; and
    30    (e) The commissioner of general services shall include and address any
    31  other element in the plan as he or she deems appropriate.
    32    4. In undertaking such [pilot] program, the office of general services
    33  shall:    (a) Consult with and cooperate with (i) [the statewide bicycle
    34  advisory council, (ii)] the [New York state] department  of  transporta-
    35  tion  regional bicycle coordinator[, (iii)]; (ii) local bicycle planning
    36  groups[,]; and [(iv)] (iii) persons, organizations,  and  groups  served
    37  by, interested in, or concerned with the area under study.
    38    (b)  Request and receive from any department, division, board, bureau,
    39  commission or other agency of the state  or  any  political  subdivision
    40  thereof  or  any  public  authority,  any  assistance and data as may be
    41  necessary to enable the office of general  services  to  carry  out  its
    42  responsibilities under this section.
    43    [(c)  On  or before the first day of January, nineteen hundred eighty-
    44  nine, a report shall be submitted to the governor  and  the  legislature
    45  which shall include a determination of usage levels, a statement outlin-
    46  ing  first  year  progress  and the elements of a statewide plan for the
    47  provision of such facilities.]
    48    5. Nothing in this section shall be construed to require the state  or
    49  the owner, lessee, manager or other person who is in control of a build-
    50  ing  governed  by  this  section to provide space for stored bicycles at
    51  such building or brought into such building or to permit a bicycle to be
    52  parked in a manner that violates building or fire  codes  or  any  other
    53  applicable  law,  rule  or  code,  or which otherwise impedes ingress or
    54  egress to such building.

        A. 6548--B                         18
 
     1    6. There is hereby established  a  temporary  bicycle  commuting  task
     2  force  to examine the development of sheltered bicycle parking in public
     3  spaces.
     4    (a)  Such task force shall be comprised of nine members, including the
     5  commissioner of general services, the  commissioner  of  transportation,
     6  the commissioner of motor vehicles, the commissioner of buildings of the
     7  city  of New York and the commissioner of parks, recreation and historic
     8  preservation or a designee of any such commissioners. The remaining four
     9  members shall consist of a group of municipal planners, bicycle  associ-
    10  ation  representatives,  building contractors and engineers.  They shall
    11  be appointed as follows: one member shall be appointed by the  temporary
    12  president  of  the senate; one member shall be appointed by the minority
    13  leader of the senate; one member shall be appointed by  the  speaker  of
    14  the  assembly;  and one member shall be appointed by the minority leader
    15  of the assembly.
    16    (b) The chair of the temporary bicycle commuting task force  shall  be
    17  the  commissioner  of general services. Members of the temporary bicycle
    18  commuting task force shall serve without  compensation  and  shall  meet
    19  when deemed necessary by the chair.
    20    (c)  Within  eighteen  months  of the temporary bicycle commuting task
    21  force's establishment, such task force  shall  issue  a  report  to  the
    22  governor  and  the  legislature.  Such  report shall include, but not be
    23  limited to (i) an assessment of the demand for sheltered bicycle parking
    24  in public spaces; (ii) an examination of  the  marketing  and  community
    25  outreach  efforts  needed to encourage the use of bicycles; (iii) recom-
    26  mendations on establishing partnerships with entities to  develop  shel-
    27  tered  bicycle storage and parking facilities in public spaces; and (iv)
    28  suggestions on expanding the office of general services to local munici-
    29  pal and private office buildings. Such report shall  be  posted  on  the
    30  website of each state agency that was a member of such task force within
    31  twenty  days  from its submission to the governor. The temporary bicycle
    32  commuting task force shall cease to exist three months after  the  issu-
    33  ance of its report.
    34    § 2. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law.
 
    36                                   PART O
 
    37    Section 1. Section 16 of the agriculture and markets law is amended by
    38  adding a new subdivision 5-c to read as follows:
    39    5-c.  Cooperate with the commissioner of education, pursuant to subdi-
    40  vision thirty-two of section three hundred five of the education law, to
    41  develop guidelines for the voluntary implementation by school  districts
    42  and institutions of higher education, as defined in subdivision eight of
    43  section  two  of  the  education  law,  of  programs which encourage the
    44  donation of excess, unused, edible food from meals served at such educa-
    45  tional facilities to local voluntary food assistance programs.
    46    § 2. Section 305 of the education law  is  amended  by  adding  a  new
    47  subdivision 32 to read as follows:
    48    32. The commissioner, in consultation and cooperation with the commis-
    49  sioner of agriculture and markets, shall develop voluntary guidelines to
    50  encourage  and  facilitate  the  ability  of school districts and insti-
    51  tutions of higher education to donate excess, unused, edible  food  from
    52  meals  served  at  such  educational  facilities to local voluntary food
    53  assistance programs  including,  but  not  limited  to,  community  food

        A. 6548--B                         19
 
     1  pantries,  soup  kitchens, and other community and not-for-profit organ-
     2  izations that distribute food to the poor and disadvantaged.
     3    Such guidelines may include, but need not be limited to:
     4    a.  a  methodology  to provide information to educational institutions
     5  and local voluntary food assistance programs of the provisions  of  such
     6  guidelines;
     7    b.  a  means  by  which educational institutions are provided with the
     8  names and addresses  of  all  nearby  local  voluntary  food  assistance
     9  programs;
    10    c.  a  means  by  which  local  voluntary food assistance programs are
    11  provided with the names and addresses of nearby educational institutions
    12  which serve meals upon their premises;
    13    d. notification to educational institutions of their ability to  elect
    14  to donate excess, unused, edible food to local voluntary food assistance
    15  programs; and
    16    e. the provision of information and technical assistance on the manner
    17  of how to best donate excess food in a safe and sanitary manner.
    18    The  commissioner  shall  coordinate the implementation of such guide-
    19  lines with the farm-to-school program and the New York Harvest  For  New
    20  York  Kids  Week  program  established pursuant to subdivision five-b of
    21  section sixteen of the agriculture and markets law.
    22    § 3. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law.
 
    24                                   PART P
 
    25    Section 1. Section 3231 of the insurance law, as added by chapter  501
    26  of the laws of 1992, is amended by adding a new subsection (c-1) to read
    27  as follows:
    28    (c-1)  Subject  to  the  approval of the superintendent, an insurer or
    29  health maintenance organization issuing an individual  or  group  health
    30  insurance policy pursuant to this section may provide for an actuarially
    31  appropriate reduction in premium rates or other benefits or enhancements
    32  approved  by  the superintendent to encourage an enrollee's or insured's
    33  active participation in a qualified wellness program. A qualified  well-
    34  ness  program  can  be  a risk management system that identifies at-risk
    35  populations or any other systematic program or course of medical conduct
    36  which helps to promote physical and mental fitness, health and  well-be-
    37  ing,  helps  to  prevent  or mitigate the conditions of acute or chronic
    38  sickness, disease or pain, or  which  minimizes  adverse  health  conse-
    39  quences  due to lifestyle.  Such a wellness program may have some or all
    40  of the following elements to advance  the  physical  health  and  mental
    41  well-being of its participants:
    42    (1)  an  education  program  to  increase the awareness of and dissem-
    43  ination of information about pursuing healthier  lifestyles,  and  which
    44  warns  about  risks  of  pursuing environmental or behavioral activities
    45  that are detrimental to human health. In addition,  information  on  the
    46  availability  of health screening tests to assist in the early identifi-
    47  cation and treatment of diseases such as cancer, heart  disease,  hyper-
    48  tension, diabetes, asthma, obesity or other adverse health afflictions;
    49    (2) a program that encourages behavioral practices that either encour-
    50  ages  healthy  living  activities or discourages unhealthy living activ-
    51  ities. Such activities or practices may include  wellness  programs,  as
    52  provided  under  section  three thousand two hundred thirty-nine of this
    53  article; and

        A. 6548--B                         20

     1    (3) the monitoring of the progress of each covered person to track his
     2  or her adherence to such wellness program and to provide assistance  and
     3  moral  support to such covered person to assist him or her to attain the
     4  goals of the covered person's wellness program.
     5    Such wellness program shall demonstrate actuarially that it encourages
     6  the  general  good  health and well-being of the covered population. The
     7  insurer or health maintenance organization shall  not  require  specific
     8  outcomes  as  a  result  of  an enrollee's or insured's adherence to the
     9  approved wellness program.
    10    § 2. Subsections (b) and (c) of section 3239 of the insurance law,  as
    11  added  by  chapter  592  of  the  laws  of  2008,  paragraphs 6 and 7 of
    12  subsection  (b)  and  subparagraphs  (C)  and  (D)  of  paragraph  2  of
    13  subsection (c) as amended, and paragraph 8 of subsection (b) and subpar-
    14  agraphs (E) and (F) of paragraph 2 of subsection (c) as added by chapter
    15  519 of the laws of 2013, are amended to read as follows:
    16    (b) A wellness program may include, but is not limited to, the follow-
    17  ing programs or services:
    18    (1) the use of a health risk assessment tool;
    19    (2) a smoking cessation program;
    20    (3) a weight management program;
    21    (4) a stress and/or hypertension management program;
    22    (5) a worker injury prevention program;
    23    (6) a nutrition education program;
    24    (7) health or fitness incentive programs; [and]
    25    (8)  a coordinated weight management, nutrition, stress management and
    26  physical fitness program to combat  the  high  incidence  of  adult  and
    27  childhood obesity, asthma and other chronic respiratory conditions[.];
    28    (9) a substance or alcohol abuse cessation program; and
    29    (10) a program to manage and cope with chronic pain.
    30    (c)(1)  A  wellness program may use rewards and incentives for partic-
    31  ipation provided  that  where  the  group  health  insurance  policy  or
    32  subscriber  contract  is required to be community-rated, the rewards and
    33  incentives shall not include a discounted premium rate or  a  rebate  or
    34  refund  of  premium,  except  as  provided in section three thousand two
    35  hundred thirty-one of this article, or section four thousand two hundred
    36  thirty-five, four thousand three  hundred  seventeen  or  four  thousand
    37  three  hundred twenty-six of this chapter, or section forty-four hundred
    38  five of the public health law.
    39    (2) Permissible rewards and incentives may include:
    40    (A) full or partial reimbursement of  the  cost  of  participating  in
    41  smoking  cessation  [or], weight management, stress and/or hypertension,
    42  worker injury prevention,  nutrition  education,  substance  or  alcohol
    43  abuse cessation, or chronic pain management and coping programs;
    44    (B)  full  or  partial  reimbursement  of  the cost of membership in a
    45  health club or fitness center;
    46    (C) the waiver or reduction of copayments, coinsurance and deductibles
    47  for preventive services covered under the  group  policy  or  subscriber
    48  contract;
    49    (D)  monetary  rewards in the form of gift cards or gift certificates,
    50  so long as the recipient of the reward is encouraged to use  the  reward
    51  for  a  product  or a service that promotes good health, such as healthy
    52  cook books, over the counter vitamins or exercise equipment;
    53    (E) full or partial reimbursement of the cost of  participating  in  a
    54  stress management program or activity; and
    55    (F)  full  or  partial reimbursement of the cost of participating in a
    56  health or fitness program.

        A. 6548--B                         21
 
     1    (3) Where the reward involves a group  member's  meeting  a  specified
     2  standard based on a health condition, the wellness program must meet the
     3  requirements of 45 CFR Part 146.
     4    (4)  A reward or incentive which involves a discounted premium rate or
     5  a rebate or refund of premium shall be based on actuarial  demonstration
     6  that  the  wellness  program can reasonably be expected to result in the
     7  overall good health and well being of the group as provided  in  section
     8  three  thousand  two  hundred  thirty-one of this article, sections four
     9  thousand two hundred thirty-five, four thousand three hundred  seventeen
    10  and  four thousand three hundred twenty-six of this chapter, and section
    11  forty-four hundred five of the public health law.
    12    § 3. Subsection (h) of section 4235 of the insurance law is amended by
    13  adding a new paragraph 5 to read as follows:
    14    (5) Each insurer doing business in this state, when  filing  with  the
    15  superintendent  its schedules of premium rates, rules and classification
    16  of risks for use in connection with the  issuance  of  its  policies  of
    17  group accident, group health or group accident and health insurance, may
    18  provide  for  an  actuarially  appropriate reduction in premium rates or
    19  other benefits or enhancements approved by the superintendent to encour-
    20  age an enrollee's or insured's active participation in a qualified well-
    21  ness program. A qualified wellness program  can  be  a  risk  management
    22  system  that  identifies  at-risk  populations  or  any other systematic
    23  program or course of medical conduct which helps to promote physical and
    24  mental fitness, health and well-being, helps to prevent or mitigate  the
    25  conditions of acute or chronic sickness, disease or pain, or which mini-
    26  mizes  adverse  health  consequences due to lifestyle.   Such a wellness
    27  program may have some or all of the following elements  to  advance  the
    28  physical health and mental well-being of its participants:
    29    (A)  an  education  program  to  increase the awareness of and dissem-
    30  ination of information about pursuing healthier  lifestyles,  and  which
    31  warns  about  risks  of  pursuing environmental or behavioral activities
    32  that are detrimental to human health. In addition,  information  on  the
    33  availability  of health screening tests to assist in the early identifi-
    34  cation and treatment of diseases such as cancer, heart  disease,  hyper-
    35  tension, diabetes, asthma, obesity or other adverse health afflictions;
    36    (B) a program that encourages behavioral practices that either encour-
    37  ages  healthy  living  activities or discourages unhealthy living activ-
    38  ities.  Such activities or practices may include wellness  programs,  as
    39  provided  under  section  three thousand two hundred thirty-nine of this
    40  chapter; and
    41    (C) the monitoring of the progress of each covered person to track his
    42  or her adherence to such wellness program and to provide assistance  and
    43  moral  support to such covered person to assist him or her to attain the
    44  goals of the covered person's wellness program.
    45    Such wellness program shall demonstrate actuarially that it encourages
    46  the general good health and well-being of the  covered  population.  The
    47  insurer  or  health  maintenance organization shall not require specific
    48  outcomes as a result of an enrollee's  or  insured's  adherence  to  the
    49  approved wellness program.
    50    §  4.  Section  4317  of  the insurance law is amended by adding a new
    51  subsection (c-1) to read as follows:
    52    (c-1) Subject to the approval of the  superintendent,  an  insurer  or
    53  health  maintenance  organization  issuing an individual or group health
    54  insurance contract pursuant to this section may provide for an  actuari-
    55  ally  appropriate  reduction  in  premium  rates  or  other  benefits or
    56  enhancements approved by the superintendent to encourage  an  enrollee's

        A. 6548--B                         22
 
     1  or  insured's  active  participation  in a qualified wellness program. A
     2  qualified wellness program can be a risk management system that  identi-
     3  fies  at-risk  populations  or any other systematic program or course of
     4  medical  conduct  which  helps  to  promote physical and mental fitness,
     5  health and well-being, helps to prevent or mitigate  the  conditions  of
     6  acute  or  chronic sickness, disease or pain, or which minimizes adverse
     7  health consequences due to lifestyle.  Such a wellness program may  have
     8  some or all of the following elements to advance the physical health and
     9  mental well-being of its participants:
    10    (1)  an  education  program  to  increase the awareness of and dissem-
    11  ination of information about pursuing healthier  lifestyles,  and  which
    12  warns  about  risks  of  pursuing environmental or behavioral activities
    13  that are detrimental to human health. In addition,  information  on  the
    14  availability  of health screening tests to assist in the early identifi-
    15  cation and treatment of diseases such as cancer, heart  disease,  hyper-
    16  tension, diabetes, asthma, obesity or other adverse health afflictions;
    17    (2) a program that encourages behavioral practices that either encour-
    18  ages  healthy  living  activities or discourages unhealthy living activ-
    19  ities. Such activities or practices may include  wellness  programs,  as
    20  provided  under  section  three thousand two hundred thirty-nine of this
    21  chapter; and
    22    (3) the monitoring of the progress of each covered person to track his
    23  or her adherence to such wellness program and to provide assistance  and
    24  moral  support to such covered person to assist him or her to attain the
    25  goals of the covered person's wellness program.
    26    Such wellness program shall demonstrate actuarially that it encourages
    27  the general good health and well-being of the  covered  population.  The
    28  insurer  or  health  maintenance organization shall not require specific
    29  outcomes as a result of an enrollee's  or  insured's  adherence  to  the
    30  approved wellness program.
    31    § 5. Subsection (m) of section 4326 of the insurance law is amended by
    32  adding a new paragraph 4 to read as follows:
    33    (4)  approval  of the superintendent, an insurer or health maintenance
    34  organization issuing a contract for qualifying small employers or  indi-
    35  viduals  pursuant  to this section may provide for an actuarially appro-
    36  priate reduction in premium rates  or  other  benefits  or  enhancements
    37  approved  by  the superintendent to encourage an enrollee's or insured's
    38  active participation in a qualified wellness program. A qualified  well-
    39  ness  program  can  be  a risk management system that identifies at-risk
    40  populations or any other systematic program or course of medical conduct
    41  which helps to promote physical and mental fitness, health and  well-be-
    42  ing,  helps  to  prevent  or mitigate the conditions of acute or chronic
    43  sickness, disease or pain, or  which  minimizes  adverse  health  conse-
    44  quences  due to lifestyle.  Such a wellness program may have some or all
    45  of the following elements to advance  the  physical  health  and  mental
    46  well-being of its participants:
    47    (1)  an  education  program  to  increase the awareness of and dissem-
    48  ination of information about pursuing healthier  lifestyles,  and  which
    49  warns  about  risks  of  pursuing environmental or behavioral activities
    50  that are detrimental to human health. In addition,  information  on  the
    51  availability  of health screening tests to assist in the early identifi-
    52  cation and treatment of diseases such as cancer, heart  disease,  hyper-
    53  tension, diabetes, asthma, obesity or other adverse health afflictions;
    54    (2) a program that encourages behavioral practices that either encour-
    55  ages  healthy  living  activities or discourages unhealthy living activ-
    56  ities. Such activities or practices may include  wellness  programs,  as

        A. 6548--B                         23
 
     1  provided  under  section  three thousand two hundred thirty-nine of this
     2  chapter; and
     3    (3) the monitoring of the progress of each covered person to track his
     4  or  her adherence to such wellness program and to provide assistance and
     5  moral support to such covered person to assist him or her to attain  the
     6  goals of the covered person's wellness program.
     7    Such wellness program shall demonstrate actuarially that it encourages
     8  the  general  good  health and well-being of the covered population. The
     9  insurer or health maintenance organization shall  not  require  specific
    10  outcomes  as  a  result  of  an enrollee's or insured's adherence to the
    11  approved wellness program.
    12    § 6. Section 4405 of the public health law is amended by adding a  new
    13  subdivision 5-a to read as follows:
    14    5-a.  subject  to  the  approval  of  the  superintendent of financial
    15  services, the possible providing of an actuarially appropriate reduction
    16  in premium rates or other  benefits  or  enhancements  approved  by  the
    17  superintendent  of  financial services to encourage an enrollee's active
    18  participation in a qualified  wellness  program.  A  qualified  wellness
    19  program  can  be  a risk management system that identifies at-risk popu-
    20  lations or any other systematic program or  course  of  medical  conduct
    21  which  helps to promote physical and mental fitness, health and well-be-
    22  ing, helps to prevent or mitigate the conditions  of  acute  or  chronic
    23  sickness,  disease  or  pain,  or  which minimizes adverse health conse-
    24  quences due to lifestyle.  Such a wellness program may have some or  all
    25  of  the  following  elements  to  advance the physical health and mental
    26  well-being of its participants:
    27    (1) an education program to increase  the  awareness  of  and  dissem-
    28  ination  of  information  about pursuing healthier lifestyles, and which
    29  warns about risks of pursuing  environmental  or  behavioral  activities
    30  that  are  detrimental  to human health. In addition, information on the
    31  availability of health screening tests to assist in the early  identifi-
    32  cation  and  treatment of diseases such as cancer, heart disease, hyper-
    33  tension, diabetes, asthma, obesity or other adverse health afflictions;
    34    (2) a program that encourages behavioral practices that either encour-
    35  ages healthy living activities or discourages  unhealthy  living  activ-
    36  ities.  Such  activities  or practices may include wellness programs, as
    37  provided under section three thousand two  hundred  thirty-nine  of  the
    38  insurance law; and
    39    (3) the monitoring of the progress of each covered person to track his
    40  or  her adherence to such wellness program and to provide assistance and
    41  moral support to such covered person to assist him or her to attain  the
    42  goals of the covered person's wellness program.
    43    Such wellness program shall demonstrate actuarially that it encourages
    44  the  general  good  health and well-being of the covered population. The
    45  health maintenance organization shall not require specific outcomes as a
    46  result of an enrollee's adherence to the approved wellness program;
    47    § 7. This act shall take effect on the one hundred eightieth day after
    48  it shall have become a law; provided  that,  effective  immediately  any
    49  rules  and regulations necessary to implement the provisions of this act
    50  on its effective date is authorized and directed to  be  added,  amended
    51  and/or repealed on or before such date.
    52    §  3.  Severability clause. If any clause, sentence, paragraph, subdi-
    53  vision, section or part of this act shall be adjudged by  any  court  of
    54  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    55  impair, or invalidate the remainder thereof, but shall  be  confined  in
    56  its  operation  to the clause, sentence, paragraph, subdivision, section

        A. 6548--B                         24
 
     1  or part thereof directly involved in the controversy in which such judg-
     2  ment shall have been rendered. It is hereby declared to be the intent of
     3  the legislature that this act would  have  been  enacted  even  if  such
     4  invalid provisions had not been included herein.
     5    §  4.  This  act shall take effect immediately provided, however, that
     6  the applicable effective date of Parts A through P of this act shall  be
     7  as specifically set forth in the last section of such Parts.
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