Amd §16, Ag & Mkts L; amd Ed L, generally; amd Pub Health L, generally; add §235-h, RP L; add §91-h, St Fin
L; amd §§3231, 3239, 4317, 4235 & 4326, Ins L; amd §§390 & 390-a, Soc Serv L; amd §11, Pub Bldg L
Enacts the "omnibus obesity and respiratory illness reduction act"; provides for the screening for childhood obesity by elementary and secondary schools and promotes the availability of certain healthy foods and beverages; provides for the regulation of the use of trans fats and requires the provision of nutritional information by food service facilities; requires instruction in schools on good health practices; includes certain respiratory diseases and obesity in disease management demonstration programs; enacts provisions to reduce the incidence of certain respiratory diseases; enacts provisions to prevent in-utero exposure to tobacco smoke; provides for the use of inhalers and nebulizers by certain students; provides for residential real property smoking policies; expands the collection and reporting of data on obesity in the state; directs the health research science board to study obesity and respiratory diseases; provides for expanded obesity prevention and screening; expands ease of breastfeeding in child day care centers and at work; establishes the obesity and respiratory disease research and education fund; relates to the use of school facilities by not-for-profit and charitable organizations for after school programs; includes weight management and physical fitness in wellness programs; requires day care centers to provide healthy foods and exercise; provides for a state office building bicycle parking and storage facilities expansion and inventory plan and creates a temporary bicycle commuting task force; authorizes school districts and institutions of higher education to donate excess food to local voluntary food assistance programs.
STATE OF NEW YORK
________________________________________________________________________
1668--A
2015-2016 Regular Sessions
IN SENATE
January 13, 2015
___________
Introduced by Sens. KLEIN, ADDABBO, CARLUCCI, COMRIE, HANNON,
HASSELL-THOMPSON, PARKER, SAVINO, STAVISKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- recommitted to the Committee on Health in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public 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 obesity 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 education law, in
relation to the use of inhalers and nebulizers (Part G); to amend the
real property law, in relation to residential rental property smoking
policies (Part H); to amend the state finance law, in relation to
establishing the obesity and respiratory disease research and educa-
tion fund (Part I); to amend the social services law, in relation to
child day care facilities (Part J); to amend the education law, in
relation to use of school facilities by not-for-profit and charitable
organizations for after-school programs (Part K); 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
L); to amend the education law, in relation to instruction in good
health and reducing the incidence of obesity (Part M); to amend the
public buildings law, in relation to bicycle access to public office
buildings (Part N); to amend the agriculture and markets law and the
education law, in relation to authorizing school districts and insti-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03888-07-6
S. 1668--A 2
tutions of higher education to donate excess food to local voluntary
food assistance programs (Part O); 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 P)
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
39 to, the following components: (A) a public information dissemination
40 program to inform the public of the health risks associated with the
41 overconsumption of artificial trans fats, and (B) suggested food prepa-
42 ration methods that can be followed by food service establishments and
43 the general public to reduce or eliminate the use of artificial trans
44 fats.
S. 1668--A 3
1 (w) (i) For purposes of this paragraph, the following definitions
2 shall apply:
3 (A) "Food service facility" means a food service establishment, as
4 defined in the state sanitary code, that operates under common ownership
5 or control with at least twenty-five other food service establishments
6 with the same name in the state that offer for sale substantially the
7 same menu items, or operates as a franchised outlet of a parent company
8 with at least twenty-five other franchised outlets with the same name in
9 the state that offer for sale substantially the same menu items.
10 (B) "Nutritional information" may include the following, per standard
11 menu item, as that item is usually prepared and offered for sale:
12 (I) Total number of calories.
13 (II) Total number of grams of carbohydrates.
14 (III) Total number of grams of saturated fat.
15 (IV) Total number of milligrams of sodium.
16 (C) "Point of sale" means the location where a customer places an
17 order.
18 (D) In calculating nutritional information, a food service facility
19 may use any reasonable means recognized by the federal food and drug
20 administration to determine nutritional information for a standard menu
21 item, as usually prepared and offered for sale including, but not limit-
22 ed to, nutrient databases and laboratory analyses.
23 (ii)(A) by rule or regulation, may require every food service facility
24 to disclose the nutritional information required by clause (B) of this
25 subparagraph.
26 (B) a food service facility, by rule or regulation, may be required to
27 disclose the nutritional information in a clear and conspicuous manner
28 at the point of sale prior to or during the placement of an order.
29 § 2. This act shall take effect one year after it shall have become a
30 law, provided that, effective immediately, any rules and regulations
31 necessary to implement the provisions of this act on its effective date
32 are authorized and directed to be completed on or before such date.
33 PART B
34 Section 1. The public health law is amended by adding a new article
35 13-I to read as follows:
36 ARTICLE 13-I
37 IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
38 Section 1399-xx. In-utero exposure prevention.
39 1399-yy. Programs.
40 § 1399-xx. In-utero exposure prevention. 1. Every health care provid-
41 er, health care insurer and pregnancy program is encouraged to distrib-
42 ute information on the adverse effects of smoking during pregnancy for
43 both firsthand and secondhand smoke. Such adverse effects to the infant
44 include lower birth rates, higher incidence of asthma and obesity, and
45 cognitive and developmental damage.
46 2. Every health care provider shall monitor expectant mothers' smoking
47 statuses and offer continuous tailored discussion of quitting smoking
48 with expectant mothers during their prenatal care.
49 § 1399-yy. Programs. The following programs shall be added to existing
50 tobacco control programs for pregnant women or to other pregnancy
51 related programs:
52 1. Carbon monoxide monitoring;
53 2. Depression, social support and domestic violence screening and
54 referrals;
S. 1668--A 4
1 3. Referrals for smoking cessation for household members;
2 4. Ongoing support by counseling and educational materials; and
3 5. Financial incentives such as diaper coupons for quitting for more
4 than four weeks.
5 § 2. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law. Provided, that effective immediately the
7 commissioner of health is authorized and directed to promulgate any and
8 all rules and regulations, and take any other measures necessary to
9 implement the provisions of this act on its effective date.
10 PART C
11 Section 1. Subdivisions 2 and 4 of section 2111 of the public health
12 law, as added by section 21 of part C of chapter 58 of the laws of 2004,
13 are amended to read as follows:
14 2. The department shall establish the criteria by which individuals
15 will be identified as eligible for enrollment in the demonstration
16 programs. Persons eligible for enrollment in the disease management
17 demonstration program shall be limited to individuals who: receive
18 medical assistance pursuant to title eleven of article five of the
19 social services law and may be eligible for benefits pursuant to title
20 18 of the social security act (Medicare); are not enrolled in a Medicaid
21 managed care plan, including individuals who are not required or not
22 eligible to participate in Medicaid managed care programs pursuant to
23 section three hundred sixty-four-j of the social services law; are diag-
24 nosed with chronic health problems as may be specified by the entity
25 undertaking the demonstration program, including, but not limited to one
26 or more of the following: congestive heart failure, chronic obstructive
27 pulmonary disease, asthma, chronic bronchitis, other chronic respiratory
28 diseases, diabetes, adult and childhood obesity, or other chronic health
29 conditions as may be specified by the department; or have experienced or
30 are likely to experience one or more hospitalizations or are otherwise
31 expected to incur excessive costs and high utilization of health care
32 services.
33 4. The demonstration program shall offer evidence-based services and
34 interventions designed to ensure that the enrollees receive high quali-
35 ty, preventative and cost-effective care, aimed at reducing the necessi-
36 ty for hospitalization or emergency room care or at reducing lengths of
37 stay when hospitalization is necessary. The demonstration program may
38 include screening of eligible enrollees, developing an individualized
39 care management plan for each enrollee and implementing that plan.
40 Disease management demonstration programs that utilize information tech-
41 nology systems that allow for continuous application of evidence-based
42 guidelines to medical assistance claims data and other available data to
43 identify specific instances in which clinical interventions are justi-
44 fied and communicate indicated interventions to physicians, health care
45 providers and/or patients, and monitor physician and health care provid-
46 er response to such interventions, shall have the enrollees, or groups
47 of enrollees, approved by the department for participation. The services
48 provided by the demonstration program as part of the care management
49 plan may include, but are not limited to, case management, social work,
50 individualized health counselors, multi-behavioral goals plans, claims
51 data management, health and self-care education, drug therapy management
52 and oversight, personal emergency response systems and other monitoring
53 technologies, systematic chronic health conditions identified for moni-
S. 1668--A 5
1 toring, telehealth services and similar services designed to improve the
2 quality and cost-effectiveness of health care services.
3 § 2. This act shall take effect immediately.
4 PART D
5 Section 1. Paragraphs (a) and (g) of subdivision 2 of section 2599-b
6 of the public health law, as amended by section 1 of part A of chapter
7 469 of the laws of 2015, are amended to read as follows:
8 (a) developing media health promotion campaigns, in coordination with
9 the public information provided pursuant to section twenty-five
10 hundred-l of this article, targeted to children and adolescents and
11 their parents and caregivers that emphasize increasing consumption of
12 low-calorie, high-nutrient foods, decreasing consumption of high-calo-
13 rie, low-nutrient foods and increasing physical activity designed to
14 prevent or reduce obesity;
15 education to children and their parents and caregivers; [and]
16 (g) developing screening programs, in accordance with section twenty-
17 five hundred-l of this article, in coordination with health care provid-
18 ers and institutions including but not limited to day care centers and
19 schools for overweight and obesity for children aged two through eigh-
20 teen years, using body mass index (BMI) appropriate for age and gender,
21 and notification, in a manner protecting the confidentiality of such
22 children and their families, of parents of BMI status, and explanation
23 of the consequences of such status, including recommended actions
24 parents may need to take and information about resources and referrals
25 available to families to enhance nutrition and physical activity to
26 reduce and prevent obesity; and
27 § 2. This act shall take effect immediately.
28 PART E
29 Section 1. Section 263 of the public health law, as added by chapter
30 538 of the laws of 2002, is amended to read as follows:
31 § 263. Department authorized to study obesity - report. 1. The depart-
32 ment is authorized to sample and collect data on individual cases where
33 obesity is being actively treated and data collected pursuant to section
34 twenty-five hundred-l of this chapter, and to analyze such data in order
35 to evaluate the impact of treating obesity. Such data collection and
36 analysis shall include the following:
37 a. The effectiveness of existing methods for treating or preventing
38 obesity;
39 b. The effectiveness of alternate methods for treating or preventing
40 obesity;
41 c. The fiscal impact of treating or preventing obesity;
42 d. The compliance and cooperation of patients with various methods of
43 treating or preventing obesity; or
44 e. The reduction in serious medical problems associated with diabetes
45 that results from treating or preventing obesity.
46 2. The department is authorized to fund the research authorized in
47 subdivision one of this section and section twenty-five hundred-l of
48 this chapter from gifts, grants, and donations from individuals, private
49 organizations, foundations, or any governmental unit; except that no
50 gift, grant, or donation may be accepted by the department if it is
51 subject to conditions that are inconsistent with this title or any other
52 laws of this state. The department shall have the power to direct the
S. 1668--A 6
1 disposition of any such gift, grant, or donation for the purposes of
2 this title.
3 3. After completion of the research authorized in subdivision one of
4 this section, the department shall submit a report and supporting mate-
5 rials to the governor and the legislature by June first of the following
6 year and update such report every three years.
7 § 2. This act shall take effect immediately.
8 PART F
9 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section
10 2411 of the public health law, as amended by section 5 of part A of
11 chapter 60 of the laws of 2014, are amended to read as follows:
12 (a) Survey state agencies, boards, programs and other state govern-
13 mental entities to assess what, if any, relevant data has been or is
14 being collected which may be of use to researchers engaged in breast
15 cancer research, or adult and childhood obesity, asthma, chronic bron-
16 chitis or other chronic respiratory disease research;
17 (b) Consistent with the survey conducted pursuant to paragraph (a) of
18 this subdivision, compile a list of data collected by state agencies
19 which may be of assistance to researchers engaged in breast cancer
20 research as established in section twenty-four hundred twelve of this
21 title, and adult and childhood obesity, asthma, chronic bronchitis or
22 other chronic respiratory disease research;
23 (c) Consult with the Centers for Disease Control and Prevention, the
24 National Institutes of Health, the Federal Agency For Health Care Policy
25 and Research, the National Academy of Sciences and other organizations
26 or entities which may be involved in cancer research to solicit both
27 information regarding breast cancer research projects, and adult and
28 childhood obesity, asthma, chronic bronchitis or other chronic respir-
29 atory disease research projects that are currently being conducted and
30 recommendations for future research projects;
31 § 2. The public health law is amended by adding a new section 2500-l
32 to read as follows:
33 § 2500-l. Childhood obesity prevention and screening. 1. Legislative
34 declaration. The legislature hereby finds, determines and declares that
35 obesity, particularly childhood obesity, is a serious medical problem
36 and that the high incidence of such condition needs to be curtailed to
37 improve the overall health of the general public and to help reduce the
38 cost of providing health care in this state. Provided further, that the
39 legislature hereby reaffirms the legislative intent contained in section
40 two hundred sixty-one of this chapter concerning obesity.
41 2. The commissioner may establish, for use by pediatric primary care
42 providers and hospitals, best practice protocols for the early screen-
43 ing, identification and treatment of children who have low birth weights
44 or may become susceptible to contracting asthma or manifest to have
45 childhood obesity conditions. Such protocols shall incorporate standards
46 and guidelines established by the American Academy of Pediatricians, the
47 federal department of agriculture, the federal department of health and
48 human services, the surgeon general, and the centers for disease control
49 and prevention.
50 3. The department, in order to support quality care in all hospitals
51 with obstetric services and for all pediatric primary care providers, is
52 authorized to provide non-patient specific information for all births at
53 each affiliate hospital in each regional perinatal center's network to
54 the regional perinatal center and the affiliate, except that such infor-
S. 1668--A 7
1 mation shall include zip code and a unique identifier, such as medical
2 record number.
3 4. The information when received by the department shall be used sole-
4 ly for the purpose of improving quality of care and shall not be subject
5 to release under article six of the public officers law, and where
6 applicable, shall be subject to the confidentiality provisions of
7 section twenty-eight hundred five-m of this chapter, except that the
8 release of birth certificate information shall be subject to section
9 forty-one hundred seventy-four of this chapter.
10 5. The commissioner may release information collected through the
11 statewide perinatal data system, pursuant to section twenty-five
12 hundred-h of this title and corresponding information related to asthma,
13 childhood obesity or underweight babies to his or her designees, includ-
14 ing persons or entities under contract with the department to review
15 quality of care issues, as related to the provisions of this section,
16 and to conduct quality improvement initiatives as needed to monitor,
17 evaluate and improve patient care and outcomes. Such designee or person
18 or entity under contract with the department to review quality of care
19 issues shall maintain the confidentiality of all such information and
20 shall use it only to improve quality of care, as approved by the depart-
21 ment, and to implement the provisions of title five of article two of
22 this chapter, as added by chapter five hundred thirty-eight of the laws
23 of two thousand two.
24 6. The department may produce and distribute educational materials on
25 childhood obesity and asthma risks and precautions. Such materials may
26 be made available to child care centers, pediatricians and nursery,
27 elementary and secondary schools for distribution to persons in parental
28 relation to children, and to hospitals, birthing centers and other
29 appropriate health care providers for distribution to maternity
30 patients. In addition, such materials may be provided to health care
31 professionals engaged in the care and treatment of children for distrib-
32 ution to such children and persons in parental relation. The department
33 may also provide information on childhood obesity and asthma risks and
34 precautions on the department's internet website. No provision of this
35 subdivision shall be deemed to prohibit the utilization and distribution
36 of educational materials relating thereto produced by any public,
37 private or governmental entity, in lieu of the department's production
38 of such materials.
39 7. The department shall periodically review available data on obesity
40 and asthma in children and update the information on childhood obesity
41 and asthma risks and precautionary measures provided in its educational
42 materials and on its internet website, as appropriate.
43 § 3. This act shall take effect immediately.
44 PART G
45 Section 1. The education law is amended by adding a new section 923
46 to read as follows:
47 § 923. Use of nebulizer. 1. Every school district and board of cooper-
48 ative educational services in this state may maintain one or more nebu-
49 lizers in the office of the school nurse or in a similar accessible
50 location.
51 2. The commissioner, in consultation with the commissioner of health,
52 may promulgate regulations for the administration of asthma medication
53 through the use of a nebulizer by the school nurse or person authorized
54 by regulation. The regulations may include:
S. 1668--A 8
1 a. a requirement that each certified nurse or other person authorized
2 to administer asthma medication in schools receive training in airway
3 management and in the use of nebulizers and inhalers consistent with
4 nationally recognized standards; and
5 b. a requirement that each pupil authorized to use asthma medication
6 pursuant to section nine hundred sixteen of this article or a nebulizer
7 have an asthma treatment plan prepared by the physician of the pupil,
8 which identify, at a minimum, asthma triggers, the treatment plan, and
9 such other elements as shall be determined by the regents.
10 § 2. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law; provided, however, that effective immediate-
12 ly the commissioner of education is authorized to promulgate rules and
13 regulations necessary for the implementation of this act on such effec-
14 tive date.
15 PART H
16 Section 1. The real property law is amended by adding a new section
17 235-h to read as follows:
18 § 235-h. Residential rental property smoking policies. Every rental
19 agreement for a dwelling unit, in a multiple dwelling building with
20 twenty or more units, shall include a disclosure of the smoking policy
21 for the premises on which the dwelling unit is located. The disclosure
22 must state whether smoking is prohibited on the premises, allowed on the
23 entire premises or allowed in limited areas on the premises. If the
24 smoking policy allows smoking in limited areas on the premises, the
25 disclosure must identify the areas on the premises where smoking is
26 allowed.
27 § 2. This act shall take effect on the first of January next succeed-
28 ing the date on which it shall have become a law.
29 PART I
30 Section 1. The state finance law is amended by adding a new section
31 91-h to read as follows:
32 § 91-h. Obesity and respiratory disease research and education fund.
33 1. There is hereby established in the joint custody of the commissioner
34 of taxation and finance and the comptroller, a special fund to be known
35 as the "obesity and respiratory disease research and education fund".
36 2. Such fund shall consist of all revenue received pursuant to an
37 appropriation thereto, and all other moneys appropriated, credited or
38 transferred thereto from any other fund or source pursuant to law.
39 Nothing in this section shall be deemed to prevent the state from
40 receiving grants, gifts or bequests for the purposes of the fund and
41 depositing them into the fund according to law.
42 3. Monies of the fund shall be expended only for adult and childhood
43 obesity, asthma, chronic bronchitis or other chronic respiratory disease
44 research and educational projects conducted pursuant to sections twen-
45 ty-four hundred eleven, twenty-five hundred and twenty-five hundred-l of
46 the public health law.
47 4. Monies shall be payable from the fund on the audit and warrant of
48 the comptroller on vouchers approved or certified by the commissioner of
49 health.
50 § 2. This act shall take effect immediately.
51 PART J
S. 1668--A 9
1 Section 1. Paragraph (a) of subdivision 2-a of section 390 of the
2 social services law, as added by chapter 416 of the laws of 2000, is
3 amended to read as follows:
4 (a) The office of children and family services shall promulgate regu-
5 lations which establish minimum quality program requirements for
6 licensed and registered child day care homes, programs and facilities.
7 Such requirements shall include but not be limited to (i) the need for
8 age appropriate activities, materials and equipment to promote cogni-
9 tive, educational, social, cultural, physical, emotional, language and
10 recreational development of children in care in a safe, healthy and
11 caring environment (ii) principles of childhood development (iii) appro-
12 priate staff/child ratios for family day care homes, group family day
13 care homes, school age day care programs and day care centers, provided
14 however that such staff/child ratios shall not be less stringent than
15 applicable staff/child ratios as set forth in part four hundred four-
16 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
17 teen of title eighteen of the New York code of rules and regulations as
18 of January first, two thousand (iv) appropriate levels of supervision of
19 children in care (v) appropriate levels of physical activity and nutri-
20 tional offerings to encourage healthy eating and living habits to help
21 lower the incidence of childhood obesity (vi) minimum standards for
22 sanitation, health, infection control, nutrition, buildings and equip-
23 ment, safety, security procedures, first aid, fire prevention, fire
24 safety, evacuation plans and drills, prevention of child abuse and
25 maltreatment, staff qualifications and training, record keeping, and
26 child behavior management.
27 § 2. Section 390-a of the social services law is amended by adding a
28 new subdivision 6 to read as follows:
29 6. No family day care home, group family day care home, school age
30 child care program or child day care center shall discourage activities
31 related to breast feeding a child or feeding a child who is fed with
32 expressed breast milk.
33 § 3. This act shall take effect on the first of January next succeed-
34 ing the date on which it shall have become a law; provided that, effec-
35 tive immediately, any rules and regulations necessary to implement the
36 provisions of this act on its effective date are authorized and directed
37 to be completed on or before such date.
38 PART K
39 Section 1. Subdivision 1 of section 414 of the education law is
40 amended by adding a new paragraph (l) to read as follows:
41 (l) For bona fide after-school programs operated by a not-for-profit
42 or charitable organization. Such programs shall present some form of
43 educational instruction or academic material, or promote physical educa-
44 tion.
45 § 2. Subdivision 2 of section 414 of the education law, as amended by
46 chapter 513 of the laws of 2005, is amended to read as follows:
47 2. The trustees or board of education shall determine the terms and
48 conditions for such use which may include rental at least in an amount
49 sufficient to cover all resulting expenses for the purposes of para-
50 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
51 of this section. For the purposes of paragraph (1) of subdivision one of
52 this section, the trustees or board of education may provide that either
53 no fee or a minimal fee be imposed upon the not-for-profit or charitable
54 organization. Any such use, pursuant to [paragraphs] paragraph (a), (c),
S. 1668--A 10
1 (d), (h) [and], (j) or (l) of subdivision one of this section, shall not
2 allow the exclusion of any district child solely because said child is
3 not attending a district school or not attending the district school
4 which is sponsoring such use or on which grounds the use is to occur.
5 § 3. Subdivision 27 of section 2590-h of the education law, as amended
6 by chapter 345 of the laws of 2009, is amended to read as follows:
7 27. Promulgate regulations, in conjunction with each community super-
8 intendent, establishing a plan for providing access to school facilities
9 in each community school district, when not in use for school purposes,
10 in accordance with the provisions of section four hundred fourteen of
11 this chapter. Such plan shall set forth a reasonable system of fees not
12 to exceed the actual costs and specify that no part of any fee shall
13 directly or indirectly benefit or be deposited into an account which
14 inures to the benefit of the custodians or custodial engineers.
15 Notwithstanding any other provision of law, rule or regulation to the
16 contrary, such plan may provide that either no fee or a minimal fee
17 shall be charged for the use of school facilities by a not-for-profit or
18 charitable organization. The use of such facilities shall only be for
19 bona fide after-school programs that present some form of educational
20 instruction or academic material, or promote physical education.
21 § 4. Subdivision 27 of section 2590-h of the education law, as amended
22 by chapter 720 of the laws of 1996, is amended to read as follows:
23 27. Develop, in conjunction with each community superintendent, a plan
24 for providing access to school facilities in each community school
25 district, when not in use for school purposes, in accordance with the
26 provisions of section four hundred fourteen of this chapter. Such plan
27 shall set forth a reasonable system of fees not to exceed the actual
28 costs and specify that no part of any fee shall directly or indirectly
29 benefit or be deposited into an account which inures to the benefit of
30 the custodians or custodial engineers. Notwithstanding any other
31 provision of law, rule or regulation to the contrary, such plan may
32 provide that either no fee or a minimal fee shall be charged for the use
33 of school facilities by a not-for-profit or charitable organization. The
34 use of such facilities shall only be for bona fide after-school programs
35 that present some form of educational instruction or academic material,
36 or promote physical education.
37 § 5. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law; provided that the amendments to subdivision
39 27 of section 2590-h of the education law, made by section three of this
40 act, shall be subject to the expiration and reversion of such section,
41 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of
42 2009, as amended, when upon such date the provisions of section four of
43 this act shall take effect.
44 PART L
45 Section 1. Section 901 of the education law, as amended by chapter 477
46 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1
47 of chapter 58 of the laws of 2006, is amended to read as follows:
48 § 901. School health services to be provided. 1. School health
49 services, as defined in subdivision two of this section, shall be
50 provided by each school district for all students attending the public
51 schools in this state, except in the city school district of the city of
52 New York, as provided in this article. School health services shall
53 include the services of a registered professional nurse, if one is
54 employed, and shall also include such services as may be rendered as
S. 1668--A 11
1 provided in this article in examining students for the existence of
2 disease or disability, or may include services related to examining for
3 childhood obesity based upon the calculation of each student's body mass
4 index and weight status category pursuant to section nine hundred four
5 of this article, and in testing the eyes and ears of such students.
6 2. School health services for the purposes of this article shall mean
7 the several procedures, including, but not limited to, medical examina-
8 tions, dental inspection and/or screening, scoliosis screening, vision
9 screening [and], audiometer tests, and childhood obesity as measured by
10 body mass index and weight status category, designed to determine the
11 health status of the child; to inform parents or other persons in
12 parental relation to the child, pupils and teachers of the individual
13 child's health condition subject to federal and state confidentiality
14 laws; to guide parents, children and teachers in procedures for prevent-
15 ing and correcting defects [and], diseases and childhood obesity condi-
16 tions; to instruct the school personnel in procedures to take in case of
17 accident or illness; to survey and make necessary recommendations
18 concerning the health and safety aspects of school facilities and the
19 provision of health information.
20 § 2. Subdivisions 1, 3 and 4 of section 903 of the education law,
21 subdivision 1 as amended by chapter 376 of the laws of 2015, subdivi-
22 sions 3 and 4 as amended by chapter 281 of the laws of 2007, and para-
23 graph a of subdivision 3 as amended by section 28 of part A of chapter
24 58 of the laws of 2008, are amended to read as follows:
25 1. A health certificate shall be furnished by each student in the
26 public schools upon his or her entrance in such schools and upon his or
27 her entry into the grades prescribed by the commissioner in regulations,
28 provided that such regulations shall require such certificates at least
29 twice during the elementary grades and twice in the secondary grades. An
30 examination and health history of any child may be required by the local
31 school authorities at any time in their discretion to promote the educa-
32 tional interests of such child. Each certificate shall be signed by a
33 duly licensed physician, physician assistant, or nurse practitioner, who
34 is authorized by law to practice in this state, and consistent with
35 subdivision three of section six thousand nine hundred two of this chap-
36 ter, or by a duly licensed physician, physician assistant, or nurse
37 practitioner, who is authorized to practice in the jurisdiction in which
38 the examination was given, provided that the commissioner has determined
39 that such jurisdiction has standards of licensure and practice compara-
40 ble to those of New York. Each such certificate shall describe the
41 condition of the student when the examination was made, which shall not
42 be more than twelve months prior to the commencement of the school year
43 in which the examination is required, and shall state whether such
44 student is in a fit condition of health to permit his or her attendance
45 at the public schools. The examination may include a diabetes risk
46 analysis and, if necessary, children with risk factors for type 1
47 diabetes, or risk factors associated with type 2 diabetes such as obesi-
48 ty, a family history of type 2 diabetes, or any other factors consistent
49 with increased risk shall be tested for diabetes. Each such certificate
50 shall also state the student's body mass index (BMI) and weight status
51 category. For purposes of this section, BMI is computed as the weight in
52 kilograms divided by the square of height in meters or the weight in
53 pounds divided by the square of height in inches multiplied by a conver-
54 sion factor of 703. Weight status categories for children and adoles-
55 cents shall be as defined by the commissioner of health. In all school
56 districts such physician, physician assistant or nurse practitioner
S. 1668--A 12
1 shall determine whether a one-time test for sickle cell anemia is neces-
2 sary or desirable and he or she shall conduct such a test and the
3 certificate shall state the results.
4 3. a. Within thirty days after the student's entrance in such schools
5 or grades, the health certificate shall be submitted to the principal or
6 his or her designee and shall be filed in the student's cumulative
7 health record. If such student does not present a health certificate as
8 required in this section, unless he or she has been accommodated on
9 religious grounds, the principal or the principal's designee shall cause
10 a notice to be sent to the parents or person in parental relationship to
11 such student that if the required health certificate is not furnished
12 within thirty days from the date of such notice, an examination will be
13 made of such student, as provided in this article. Each school and
14 school district [chosen as part of an appropriate sampling methodology]
15 shall participate in surveys directed by the commissioner of health
16 pursuant to the public health law in relation to students' BMI and
17 weight status categories as reported on the school health certificate
18 and which shall be subject to audit by the commissioner of health. Such
19 surveys shall contain the information required pursuant to subdivision
20 one of this section in relation to students' BMI and weight status cate-
21 gories in aggregate. Parents or other persons in parental relation to a
22 student may refuse to have the student's BMI and weight status category
23 included in such survey. Each school and school district shall provide
24 the commissioner of health with any information, records and reports he
25 or she may require for the purpose of such audit. The BMI and weight
26 status survey and audit as described in this subdivision shall be
27 conducted consistent with confidentiality requirements imposed by feder-
28 al law.
29 b. Within thirty days after the student's entrance in such schools or
30 grades, the dental health certificate, if obtained, shall be filed in
31 the student's cumulative health record.
32 4. Notwithstanding the provisions of subdivisions one, two and three
33 of this section, no examinations for a health certificate or health
34 history shall be required or dental certificate requested, and no
35 screening examinations for sickle cell anemia or childhood obesity shall
36 be required where a student or the parent or person in parental relation
37 to such student objects thereto on the grounds that such examinations or
38 health history conflict with their genuine and sincere religious
39 beliefs.
40 § 3. Subdivision 1 of section 904 of the education law, as amended by
41 section 12 of part B of chapter 58 of the laws of 2007, is amended to
42 read as follows:
43 1. Each principal of a public school, or his or her designee, shall
44 report to the director of school health services having jurisdiction
45 over such school, the names of all students who have not furnished
46 health certificates as provided in section nine hundred three of this
47 article, or who are children with disabilities, as defined by article
48 eighty-nine of this chapter, and the director of school health services
49 shall cause such students to be separately and carefully examined and
50 tested to ascertain whether any student has defective sight or hearing,
51 or any other physical disability which may tend to prevent him or her
52 from receiving the full benefit of school work, or from requiring a
53 modification of such work to prevent injury to the student or from
54 receiving the best educational results. Each examination shall also
55 include a calculation of the student's body mass index (BMI) and weight
56 status category. For purposes of this section, BMI is computed as the
S. 1668--A 13
1 weight in kilograms divided by the square of height in meters or the
2 weight in pounds divided by the square of height in inches multiplied by
3 a conversion factor of 703. Weight status categories for children and
4 adolescents shall be as defined by the commissioner of health. In all
5 school districts, such physician, physician assistant or nurse practi-
6 tioner shall determine whether a one-time test for sickle cell anemia is
7 necessary or desirable and he or she shall conduct such tests and the
8 certificate shall state the results. If it should be ascertained, upon
9 such test or examination, that any of such students have defective sight
10 or hearing[,] or other physical disability, including sickle cell
11 anemia, as above described, or are obese, the principal or his or her
12 designee shall notify the parents of, or other persons in parental
13 relation to, the child as to the existence of such disability. If the
14 parents or other persons in parental relation are unable or unwilling to
15 provide the necessary relief and treatment for such students, such fact
16 shall be reported by the principal or his or her designee to the direc-
17 tor of school health services, whose duty it shall be to provide relief
18 for such students. Each school and school district [chosen as part of an
19 appropriate sampling methodology] shall participate in surveys directed
20 by the commissioner of health pursuant to the public health law in
21 relation to students' BMI and weight status categories as determined by
22 the examination conducted pursuant to this section and which shall be
23 subject to audit by the commissioner of health. Such surveys shall
24 contain the information required pursuant to this subdivision in
25 relation to students' BMI and weight status categories in aggregate.
26 [Parents or other persons in parental relation to a student may refuse
27 to have the student's BMI and weight status category included in such
28 survey.] Each school and school district shall provide the commissioner
29 of health with any information, records and reports he or she may
30 require for the purpose of such audit. The BMI and weight status survey
31 and audit as described in this section shall be conducted consistent
32 with confidentiality requirements imposed by federal law. [Data
33 collection for such surveys shall commence on a voluntary basis at the
34 beginning of the two thousand seven academic school year, and by all
35 schools chosen as part of the sampling methodology at the beginning of
36 the two thousand eight academic school year.] The department shall also
37 utilize the collected data to develop a report of child obesity and
38 obesity related diseases.
39 § 4. Section 912 of the education law, as amended by chapter 477 of
40 the laws of 2004, is amended to read as follows:
41 § 912. Health and welfare services to all children. The voters and/or
42 trustees or board of education of every school district shall, upon
43 request of the authorities of a school other than public, provide resi-
44 dent children who attend such school with any or all of the health and
45 welfare services and facilities which are made available by such voters
46 and/or trustees or board of education to or for children attending the
47 public schools of the district. Such services may include, but are not
48 limited to all services performed by a physician, physician assistant,
49 dentist, dental hygienist, registered professional nurse, nurse practi-
50 tioner, school psychologist, school social worker or school speech ther-
51 apist, and may also include dental prophylaxis, vision and hearing
52 screening examinations, childhood obesity screening, the taking of
53 medical histories and the administration of health screening tests, the
54 maintenance of cumulative health records and the administration of emer-
55 gency care programs for ill or injured students. Any such services or
56 facilities shall be so provided notwithstanding any provision of any
S. 1668--A 14
1 charter or other provision of law inconsistent herewith. Where children
2 residing in one school district attend a school other than public
3 located in another school district, the school authorities of the
4 district of residence shall contract with the school authorities of the
5 district where such nonpublic school is located, for the provision of
6 such health and welfare services and facilities to such children by the
7 school district where such nonpublic school is located, for a consider-
8 ation to be agreed upon between the school authorities of such
9 districts, subject to the approval of the qualified voters of the
10 district of residence when required under the provisions of this chap-
11 ter. Every such contract shall be in writing and in the form prescribed
12 by the commissioner, and before such contract is executed the same shall
13 be submitted for approval to the superintendent of schools having juris-
14 diction over such district of residence and such contract shall not
15 become effective until approved by such superintendent.
16 § 5. Subdivisions 4 and 5 of section 918 of the education law, as
17 added by chapter 493 of the laws of 2004, are amended to read as
18 follows:
19 4. The committee is encouraged to study and make recommendations on
20 all facets of the current nutritional policies of the district includ-
21 ing, but not limited to, the goals of the district to promote health and
22 proper nutrition, reduce the incidence of childhood obesity, vending
23 machine sales, menu criteria, educational curriculum teaching healthy
24 nutrition, and educational information provided to parents or guardians
25 regarding healthy nutrition and the health risks associated with obesi-
26 ty, asthma, chronic bronchitis and other chronic respiratory diseases.
27 Provided, further, the committee may provide information to persons in
28 parental relation on opportunities offered to parents or guardians to
29 encourage healthier eating habits to students, and the education
30 provided to teachers and other staff as to the importance of healthy
31 nutrition and about the dangers of childhood obesity. In addition the
32 committee shall consider recommendations and practices of other
33 districts and nutrition studies.
34 5. The committee is encouraged to report periodically to the district
35 regarding practices that will educate teachers, parents or guardians and
36 children about healthy nutrition and raise awareness of the dangers of
37 childhood obesity, asthma, chronic bronchitis and other chronic respir-
38 atory diseases. The committee is encouraged also to provide any parent
39 teacher associations in the district with such findings and recommenda-
40 tions.
41 § 6. This act shall take effect two years after it shall have become a
42 law.
43 PART M
44 Section 1. Subdivisions 1 and 5 of section 803 of the education law,
45 as amended by chapter 118 of the laws of 1957, are amended to read as
46 follows:
47 1. All pupils above the age of eight years in all elementary and
48 secondary schools, shall receive as part of the prescribed courses of
49 instruction therein such physical education under the direction of the
50 commissioner [of education] as the regents may determine. Such courses
51 shall be designed to aid in the well-rounded education of pupils and in
52 the development of character, citizenship, overall physical fitness,
53 good health [and], the worthy use of leisure and the reduction in the
54 incidence of childhood obesity. Pupils above such age attending the
S. 1668--A 15
1 public schools shall be required to attend upon such prescribed courses
2 of instruction.
3 5. (a) It shall be the duty of the regents to adopt rules determining
4 the subjects to be included in courses of physical education provided
5 for in this section, the period of instruction in each of such courses,
6 the qualifications of teachers, and the attendance upon such courses of
7 instruction.
8 (b) Notwithstanding any other provision of this section, the regents
9 may provide in its rules that the physical education instruction
10 requirement for all students enrolled in elementary and secondary school
11 grades shall, where feasible, include daily physical exercise or activ-
12 ity, including students with disabling conditions and those in alterna-
13 tive education programs. The regents may include in its rules that
14 students enrolled in such elementary and secondary schools shall partic-
15 ipate in physical education, exercise or activity for a minimum of one
16 hundred twenty minutes during each school week. The regents may provide
17 for a two-year phase-in schedule for daily physical education in elemen-
18 tary schools in its rules.
19 § 2. The section heading and subdivision 1 of section 804 of the
20 education law, the section heading as amended by chapter 401 of the laws
21 of 1998 and subdivision 1 as added by chapter 982 of the laws of 1977,
22 are amended and a new subdivision 3-b is added to read as follows:
23 Health education regarding alcohol, drugs, tobacco abuse, the
24 reduction in the incidence of obesity, and the prevention and detection
25 of certain cancers. 1. All schools shall include, as an integral part of
26 health, science, or physical education, instruction so as to discourage
27 the misuse and abuse of alcohol, tobacco[,] and other drugs, to reduce
28 the incidence of obesity, and promote attitudes and behavior that
29 enhance health, well being, and human dignity.
30 3-b. Instruction regarding the long term health risks associated with
31 obesity and methods of preventing and reducing the incidence of obesity,
32 including good nutrition and regular exercise. Such instruction may be
33 an integral part of required health, science, or physical education
34 courses.
35 § 3. Subdivision 1 of section 804-a of the education law, as added by
36 chapter 730 of the laws of 1986, is amended to read as follows:
37 1. Within the amounts appropriated, the commissioner is hereby
38 authorized to establish a demonstration program and to distribute state
39 funds to local school districts, boards of cooperative educational
40 services and in certain instances community school districts, for the
41 development, implementation, evaluation, validation, demonstration and
42 replication of exemplary comprehensive health education programs to
43 assist the public schools in developing curricula, training staff, and
44 addressing local health education needs of students, parents, and staff.
45 Such programs shall serve the purpose of developing and enhancing
46 pupils' health knowledge, skills, attitudes and behaviors, which is
47 fundamental to improving their health status and academic performance,
48 as well as reducing the incidence of adolescent pregnancy, alcohol
49 abuse, tobacco abuse, truancy, suicide, substance abuse, obesity, asth-
50 ma, other chronic respiratory diseases, and other problems of childhood
51 and adolescence.
52 § 4. Section 813 of the education law, as added by chapter 296 of the
53 laws of 1994, is amended to read as follows:
54 § 813. School lunch period; scheduling. Each school shall schedule a
55 reasonable time during each school day for each full day pupil attending
S. 1668--A 16
1 pre-kindergarten through grade twelve with ample time to consume lunch
2 and to engage in physical exercise or recreation.
3 § 5. This act shall take effect immediately.
4 PART N
5 Section 1. Section 11 of the public buildings law, as added by chapter
6 819 of the laws of 1987 and subdivision 2 as amended by chapter 126 of
7 the laws of 1988, is amended to read as follows:
8 § 11. Pilot program of bicycle parking facilities. 1. Legislative
9 finding. In recognition of the role which bicycles can serve as a valu-
10 able transportation mode with energy conservation, health, physical
11 fitness and environmental benefits, it is hereby declared to be the
12 policy of the state that provision for adequate and safe bicycle facili-
13 ties including the use of present facilities for safe and secure bicycle
14 parking and storage be included in the planning [and], development,
15 construction or reconstruction of all state facilities.
16 2. (a) The commissioner of general services shall undertake a [pilot]
17 program for the provision and promotion of safe and secure bicycle park-
18 ing facilities at state office buildings for state employees and visi-
19 tors at such buildings. The commissioner[, within one year of the enact-
20 ment of this section,] of general services shall provide, at the
21 principal office buildings under his or her superintendence at the
22 Nelson A. Rockefeller Empire State Plaza in Albany[, New York], secure
23 bicycle parking facilities for use by employees and visitors. Provided,
24 further, that the commissioner of general services shall make an inven-
25 tory of all existing bicycle parking and storage facilities at all state
26 office buildings and office buildings in which the state leases or occu-
27 pies space. Such inventory shall be made only of state owned or leased
28 buildings or offices which have over fifty state employees located at
29 such site or in which the visitation rate by the general public is over
30 five hundred visitors, on average, each month. Such inventory of bicycle
31 parking and storage facilities shall be completed within two years of
32 the effective date of the chapter of the laws of two thousand sixteen
33 which amended this section.
34 (b) The commissioner of general services is also authorized, within a
35 reasonable period and where feasible, to provide suitable support facil-
36 ities including clothing lockers, showers and changing facilities, and
37 to charge a reasonable use fee.
38 (c) For the purpose of this section, the term "bicycle parking facili-
39 ty" means a device or enclosure, located within a building or installa-
40 tion, or conveniently adjacent thereto, that is easily accessible,
41 clearly visible and so located as to minimize the danger of theft of
42 bicycles. Such a device shall consist of a parking rack, locker, or
43 other device constructed to enable the frame and both wheels of a bicy-
44 cle to be secured with ease by use of a padlock in a manner that will
45 minimize the risk of theft, or an enclosure which limits access to the
46 bicycles and is under observation by an attendant.
47 3. Upon completion of a state office building bicycle parking and
48 storage facilities inventory provided for in paragraph (a) of subdivi-
49 sion two of this section, the commissioner of general services shall
50 develop a plan to expand bicycle parking and storage facilities to
51 encourage the use of such facilities by state employees and the general
52 public that patronize such facilities to conduct public business. Such
53 plan shall be completed within eighteen months after finalization of the
54 parking and storage facilities inventory. Such plan shall contain and
S. 1668--A 17
1 address the following elements to encourage state employees and the
2 general public to use bicycles more frequently at each state office
3 building facility or leased premise:
4 (a) The inventory of bicycle parking and storage facilities shall be
5 ranked from highest to lowest based on the existing unfulfilled demand
6 for such facilities at state office buildings. Such ranking shall also
7 consider increased future demand or the potential for increased future
8 demand of such parking and storage facilities;
9 (b) In urban settings, there shall be a plan to develop an ample
10 supply of secure covered and uncovered off-street bicycle parking and
11 storage or alternate indoor parking or storage for such bicycles;
12 (c) Adequate posting of such bicycle parking and storage facilities
13 shall be provided for and placed around such state office building
14 facility to encourage utilization of such parking and storage facilities
15 by state employees and the general public;
16 (d) A marketing plan and community outreach effort shall provide for
17 the dissemination of information to state employees, visitors to state
18 office buildings, and to the general public to encourage individuals to
19 use bicycles when traveling to such buildings or facilities; and
20 (e) The commissioner of general services shall include and address any
21 other element in the plan as he or she deems appropriate.
22 4. In undertaking such [pilot] program, the office of general services
23 shall: (a) Consult with and cooperate with (i) [the statewide bicycle
24 advisory council, (ii)] the [New York state] department of transporta-
25 tion regional bicycle coordinator[, (iii)]; (ii) local bicycle planning
26 groups[,]; and [(iv)] (iii) persons, organizations, and groups served
27 by, interested in, or concerned with the area under study.
28 (b) Request and receive from any department, division, board, bureau,
29 commission or other agency of the state or any political subdivision
30 thereof or any public authority, any assistance and data as may be
31 necessary to enable the office of general services to carry out its
32 responsibilities under this section.
33 [(c) On or before the first day of January, nineteen hundred eighty-
34 nine, a report shall be submitted to the governor and the legislature
35 which shall include a determination of usage levels, a statement outlin-
36 ing first year progress and the elements of a statewide plan for the
37 provision of such facilities.]
38 5. Nothing in this section shall be construed to require the state or
39 the owner, lessee, manager or other person who is in control of a build-
40 ing governed by this section to provide space for stored bicycles at
41 such building or brought into such building or to permit a bicycle to be
42 parked in a manner that violates building or fire codes or any other
43 applicable law, rule or code, or which otherwise impedes ingress or
44 egress to such building.
45 6. There is hereby established a temporary bicycle commuting task
46 force to examine the development of sheltered bicycle parking in public
47 spaces.
48 (a) Such task force shall be comprised of nine members, including the
49 commissioner of general services, the commissioner of transportation,
50 the commissioner of motor vehicles, the commissioner of buildings of the
51 city of New York and the commissioner of parks, recreation and historic
52 preservation or a designee of any such commissioners. The remaining four
53 members shall consist of a group of municipal planners, bicycle associ-
54 ation representatives, building contractors and engineers. They shall
55 be appointed as follows: one member shall be appointed by the temporary
56 president of the senate; one member shall be appointed by the minority
S. 1668--A 18
1 leader of the senate; one member shall be appointed by the speaker of
2 the assembly; and one member shall be appointed by the minority leader
3 of the assembly.
4 (b) The chair of the temporary bicycle commuting task force shall be
5 the commissioner of general services. Members of the temporary bicycle
6 commuting task force shall serve without compensation and shall meet
7 when deemed necessary by the chair.
8 (c) Within eighteen months of the temporary bicycle commuting task
9 force's establishment, such task force shall issue a report to the
10 governor and the legislature. Such report shall include, but not be
11 limited to (i) an assessment of the demand for sheltered bicycle parking
12 in public spaces; (ii) an examination of the marketing and community
13 outreach efforts needed to encourage the use of bicycles; (iii) recom-
14 mendations on establishing partnerships with entities to develop shel-
15 tered bicycle storage and parking facilities in public spaces; and (iv)
16 suggestions on expanding the office of general services to local munici-
17 pal and private office buildings. Such report shall be posted on the
18 website of each state agency that was a member of such task force within
19 twenty days from its submission to the governor. The temporary bicycle
20 commuting task force shall cease to exist three months after the issu-
21 ance of its report.
22 § 2. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law.
24 PART O
25 Section 1. Section 16 of the agriculture and markets law is amended by
26 adding a new subdivision 5-c to read as follows:
27 5-c. Cooperate with the commissioner of education, pursuant to subdi-
28 vision thirty-two of section three hundred five of the education law, to
29 develop guidelines for the voluntary implementation by school districts
30 and institutions of higher education, as defined in subdivision eight of
31 section two of the education law, of programs which encourage the
32 donation of excess, unused, edible food from meals served at such educa-
33 tional facilities to local voluntary food assistance programs.
34 § 2. Section 305 of the education law is amended by adding a new
35 subdivision 32 to read as follows:
36 32. The commissioner, in consultation and cooperation with the commis-
37 sioner of agriculture and markets, shall develop voluntary guidelines to
38 encourage and facilitate the ability of school districts and insti-
39 tutions of higher education to donate excess, unused, edible food from
40 meals served at such educational facilities to local voluntary food
41 assistance programs including, but not limited to, community food
42 pantries, soup kitchens, and other community and not-for-profit organ-
43 izations that distribute food to the poor and disadvantaged.
44 Such guidelines may include, but need not be limited to:
45 a. a methodology to provide information to educational institutions
46 and local voluntary food assistance programs of the provisions of such
47 guidelines;
48 b. a means by which educational institutions are provided with the
49 names and addresses of all nearby local voluntary food assistance
50 programs;
51 c. a means by which local voluntary food assistance programs are
52 provided with the names and addresses of nearby educational institutions
53 which serve meals upon their premises;
S. 1668--A 19
1 d. notification to educational institutions of their ability to elect
2 to donate excess, unused, edible food to local voluntary food assistance
3 programs; and
4 e. the provision of information and technical assistance on the manner
5 of how to best donate excess food in a safe and sanitary manner.
6 The commissioner shall coordinate the implementation of such guide-
7 lines with the farm-to-school program and the New York Harvest For New
8 York Kids Week program established pursuant to subdivision five-b of
9 section sixteen of the agriculture and markets law.
10 § 3. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
12 PART P
13 Section 1. Section 3231 of the insurance law, as added by chapter 501
14 of the laws of 1992, is amended by adding a new subsection (c-1) to read
15 as follows:
16 (c-1) Subject to the approval of the superintendent, an insurer or
17 health maintenance organization issuing an individual or group health
18 insurance policy pursuant to this section may provide for an actuarially
19 appropriate reduction in premium rates or other benefits or enhancements
20 approved by the superintendent to encourage an enrollee's or insured's
21 active participation in a qualified wellness program. A qualified well-
22 ness program can be a risk management system that identifies at-risk
23 populations or any other systematic program or course of medical conduct
24 which helps to promote physical and mental fitness, health and well-be-
25 ing, helps to prevent or mitigate the conditions of acute or chronic
26 sickness, disease or pain, or which minimizes adverse health conse-
27 quences due to lifestyle. Such a wellness program may have some or all
28 of the following elements to advance the physical health and mental
29 well-being of its participants:
30 (1) an education program to increase the awareness of and dissem-
31 ination of information about pursuing healthier lifestyles, and which
32 warns about risks of pursuing environmental or behavioral activities
33 that are detrimental to human health. In addition, information on the
34 availability of health screening tests to assist in the early identifi-
35 cation and treatment of diseases such as cancer, heart disease, hyper-
36 tension, diabetes, asthma, obesity or other adverse health afflictions;
37 (2) a program that encourages behavioral practices that either encour-
38 ages healthy living activities or discourages unhealthy living activ-
39 ities. Such activities or practices may include wellness programs, as
40 provided under section three thousand two hundred thirty-nine of this
41 article; and
42 (3) the monitoring of the progress of each covered person to track his
43 or her adherence to such wellness program and to provide assistance and
44 moral support to such covered person to assist him or her to attain the
45 goals of the covered person's wellness program.
46 Such wellness program shall demonstrate actuarially that it encourages
47 the general good health and well-being of the covered population. The
48 insurer or health maintenance organization shall not require specific
49 outcomes as a result of an enrollee's or insured's adherence to the
50 approved wellness program.
51 § 2. Subsections (b) and (c) of section 3239 of the insurance law, as
52 added by chapter 592 of the laws of 2008, paragraphs 6 and 7 of
53 subsection (b) and subparagraphs (C) and (D) of paragraph 2 of
54 subsection (c) as amended, and paragraph 8 of subsection (b) and subpar-
S. 1668--A 20
1 agraphs (E) and (F) of paragraph 2 of subsection (c) as added by chapter
2 519 of the laws of 2013, are amended to read as follows:
3 (b) A wellness program may include, but is not limited to, the follow-
4 ing programs or services:
5 (1) the use of a health risk assessment tool;
6 (2) a smoking cessation program;
7 (3) a weight management program;
8 (4) a stress and/or hypertension management program;
9 (5) a worker injury prevention program;
10 (6) a nutrition education program;
11 (7) health or fitness incentive programs; [and]
12 (8) a coordinated weight management, nutrition, stress management and
13 physical fitness program to combat the high incidence of adult and
14 childhood obesity, asthma and other chronic respiratory conditions[.];
15 (9) a substance or alcohol abuse cessation program; and
16 (10) a program to manage and cope with chronic pain.
17 (c)(1) A wellness program may use rewards and incentives for partic-
18 ipation provided that where the group health insurance policy or
19 subscriber contract is required to be community-rated, the rewards and
20 incentives shall not include a discounted premium rate or a rebate or
21 refund of premium, except as provided in section three thousand two
22 hundred thirty-one of this article, or section four thousand two hundred
23 thirty-five, four thousand three hundred seventeen or four thousand
24 three hundred twenty-six of this chapter, or section forty-four hundred
25 five of the public health law.
26 (2) Permissible rewards and incentives may include:
27 (A) full or partial reimbursement of the cost of participating in
28 smoking cessation [or], weight management, stress and/or hypertension,
29 worker injury prevention, nutrition education, substance or alcohol
30 abuse cessation, or chronic pain management and coping programs;
31 (B) full or partial reimbursement of the cost of membership in a
32 health club or fitness center;
33 (C) the waiver or reduction of copayments, coinsurance and deductibles
34 for preventive services covered under the group policy or subscriber
35 contract;
36 (D) monetary rewards in the form of gift cards or gift certificates,
37 so long as the recipient of the reward is encouraged to use the reward
38 for a product or a service that promotes good health, such as healthy
39 cook books, over the counter vitamins or exercise equipment;
40 (E) full or partial reimbursement of the cost of participating in a
41 stress management program or activity; and
42 (F) full or partial reimbursement of the cost of participating in a
43 health or fitness program.
44 (3) Where the reward involves a group member's meeting a specified
45 standard based on a health condition, the wellness program must meet the
46 requirements of 45 CFR Part 146.
47 (4) A reward or incentive which involves a discounted premium rate or
48 a rebate or refund of premium shall be based on actuarial demonstration
49 that the wellness program can reasonably be expected to result in the
50 overall good health and well being of the group as provided in section
51 three thousand two hundred thirty-one of this article, sections four
52 thousand two hundred thirty-five, four thousand three hundred seventeen
53 and four thousand three hundred twenty-six of this chapter, and section
54 forty-four hundred five of the public health law.
55 § 3. Subsection (h) of section 4235 of the insurance law is amended by
56 adding a new paragraph 5 to read as follows:
S. 1668--A 21
1 (5) Each insurer doing business in this state, when filing with the
2 superintendent its schedules of premium rates, rules and classification
3 of risks for use in connection with the issuance of its policies of
4 group accident, group health or group accident and health insurance, may
5 provide for an actuarially appropriate reduction in premium rates or
6 other benefits or enhancements approved by the superintendent to encour-
7 age an enrollee's or insured's active participation in a qualified well-
8 ness program. A qualified wellness program can be a risk management
9 system that identifies at-risk populations or any other systematic
10 program or course of medical conduct which helps to promote physical and
11 mental fitness, health and well-being, helps to prevent or mitigate the
12 conditions of acute or chronic sickness, disease or pain, or which mini-
13 mizes adverse health consequences due to lifestyle. Such a wellness
14 program may have some or all of the following elements to advance the
15 physical health and mental well-being of its participants:
16 (A) an education program to increase the awareness of and dissem-
17 ination of information about pursuing healthier lifestyles, and which
18 warns about risks of pursuing environmental or behavioral activities
19 that are detrimental to human health. In addition, information on the
20 availability of health screening tests to assist in the early identifi-
21 cation and treatment of diseases such as cancer, heart disease, hyper-
22 tension, diabetes, asthma, obesity or other adverse health afflictions;
23 (B) a program that encourages behavioral practices that either encour-
24 ages healthy living activities or discourages unhealthy living activ-
25 ities. Such activities or practices may include wellness programs, as
26 provided under section three thousand two hundred thirty-nine of this
27 chapter; and
28 (C) the monitoring of the progress of each covered person to track his
29 or her adherence to such wellness program and to provide assistance and
30 moral support to such covered person to assist him or her to attain the
31 goals of the covered person's wellness program.
32 Such wellness program shall demonstrate actuarially that it encourages
33 the general good health and well-being of the covered population. The
34 insurer or health maintenance organization shall not require specific
35 outcomes as a result of an enrollee's or insured's adherence to the
36 approved wellness program.
37 § 4. Section 4317 of the insurance law is amended by adding a new
38 subsection (c-1) to read as follows:
39 (c-1) Subject to the approval of the superintendent, an insurer or
40 health maintenance organization issuing an individual or group health
41 insurance contract pursuant to this section may provide for an actuari-
42 ally appropriate reduction in premium rates or other benefits or
43 enhancements approved by the superintendent to encourage an enrollee's
44 or insured's active participation in a qualified wellness program. A
45 qualified wellness program can be a risk management system that identi-
46 fies at-risk populations or any other systematic program or course of
47 medical conduct which helps to promote physical and mental fitness,
48 health and well-being, helps to prevent or mitigate the conditions of
49 acute or chronic sickness, disease or pain, or which minimizes adverse
50 health consequences due to lifestyle. Such a wellness program may have
51 some or all of the following elements to advance the physical health and
52 mental well-being of its participants:
53 (1) an education program to increase the awareness of and dissem-
54 ination of information about pursuing healthier lifestyles, and which
55 warns about risks of pursuing environmental or behavioral activities
56 that are detrimental to human health. In addition, information on the
S. 1668--A 22
1 availability of health screening tests to assist in the early identifi-
2 cation and treatment of diseases such as cancer, heart disease, hyper-
3 tension, diabetes, asthma, obesity or other adverse health afflictions;
4 (2) a program that encourages behavioral practices that either encour-
5 ages healthy living activities or discourages unhealthy living activ-
6 ities. Such activities or practices may include wellness programs, as
7 provided under section three thousand two hundred thirty-nine of this
8 chapter; and
9 (3) the monitoring of the progress of each covered person to track his
10 or her adherence to such wellness program and to provide assistance and
11 moral support to such covered person to assist him or her to attain the
12 goals of the covered person's wellness program.
13 Such wellness program shall demonstrate actuarially that it encourages
14 the general good health and well-being of the covered population. The
15 insurer or health maintenance organization shall not require specific
16 outcomes as a result of an enrollee's or insured's adherence to the
17 approved wellness program.
18 § 5. Subsection (m) of section 4326 of the insurance law is amended by
19 adding a new paragraph 4 to read as follows:
20 (4) approval of the superintendent, an insurer or health maintenance
21 organization issuing a contract for qualifying small employers or indi-
22 viduals pursuant to this section may provide for an actuarially appro-
23 priate reduction in premium rates or other benefits or enhancements
24 approved by the superintendent to encourage an enrollee's or insured's
25 active participation in a qualified wellness program. A qualified well-
26 ness program can be a risk management system that identifies at-risk
27 populations or any other systematic program or course of medical conduct
28 which helps to promote physical and mental fitness, health and well-be-
29 ing, helps to prevent or mitigate the conditions of acute or chronic
30 sickness, disease or pain, or which minimizes adverse health conse-
31 quences due to lifestyle. Such a wellness program may have some or all
32 of the following elements to advance the physical health and mental
33 well-being of its participants:
34 (1) an education program to increase the awareness of and dissem-
35 ination of information about pursuing healthier lifestyles, and which
36 warns about risks of pursuing environmental or behavioral activities
37 that are detrimental to human health. In addition, information on the
38 availability of health screening tests to assist in the early identifi-
39 cation and treatment of diseases such as cancer, heart disease, hyper-
40 tension, diabetes, asthma, obesity or other adverse health afflictions;
41 (2) a program that encourages behavioral practices that either encour-
42 ages healthy living activities or discourages unhealthy living activ-
43 ities. Such activities or practices may include wellness programs, as
44 provided under section three thousand two hundred thirty-nine of this
45 chapter; and
46 (3) the monitoring of the progress of each covered person to track his
47 or her adherence to such wellness program and to provide assistance and
48 moral support to such covered person to assist him or her to attain the
49 goals of the covered person's wellness program.
50 Such wellness program shall demonstrate actuarially that it encourages
51 the general good health and well-being of the covered population. The
52 insurer or health maintenance organization shall not require specific
53 outcomes as a result of an enrollee's or insured's adherence to the
54 approved wellness program.
55 § 6. Section 4405 of the public health law is amended by adding a new
56 subdivision 5-a to read as follows:
S. 1668--A 23
1 5-a. subject to the approval of the superintendent of financial
2 services, the possible providing of an actuarially appropriate reduction
3 in premium rates or other benefits or enhancements approved by the
4 superintendent of financial services to encourage an enrollee's active
5 participation in a qualified wellness program. A qualified wellness
6 program can be a risk management system that identifies at-risk popu-
7 lations or any other systematic program or course of medical conduct
8 which helps to promote physical and mental fitness, health and well-be-
9 ing, helps to prevent or mitigate the conditions of acute or chronic
10 sickness, disease or pain, or which minimizes adverse health conse-
11 quences due to lifestyle. Such a wellness program may have some or all
12 of the following elements to advance the physical health and mental
13 well-being of its participants:
14 (1) an education program to increase the awareness of and dissem-
15 ination of information about pursuing healthier lifestyles, and which
16 warns about risks of pursuing environmental or behavioral activities
17 that are detrimental to human health. In addition, information on the
18 availability of health screening tests to assist in the early identifi-
19 cation and treatment of diseases such as cancer, heart disease, hyper-
20 tension, diabetes, asthma, obesity or other adverse health afflictions;
21 (2) a program that encourages behavioral practices that either encour-
22 ages healthy living activities or discourages unhealthy living activ-
23 ities. Such activities or practices may include wellness programs, as
24 provided under section three thousand two hundred thirty-nine of the
25 insurance law; and
26 (3) the monitoring of the progress of each covered person to track his
27 or her adherence to such wellness program and to provide assistance and
28 moral support to such covered person to assist him or her to attain the
29 goals of the covered person's wellness program.
30 Such wellness program shall demonstrate actuarially that it encourages
31 the general good health and well-being of the covered population. The
32 health maintenance organization shall not require specific outcomes as a
33 result of an enrollee's adherence to the approved wellness program;
34 § 7. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law; provided that, effective immediately any
36 rules and regulations necessary to implement the provisions of this act
37 on its effective date is authorized and directed to be added, amended
38 and/or repealed on or before such date.
39 § 3. Severability clause. If any clause, sentence, paragraph, subdi-
40 vision, section or part of this act shall be adjudged by any court of
41 competent jurisdiction to be invalid, such judgment shall not affect,
42 impair, or invalidate the remainder thereof, but shall be confined in
43 its operation to the clause, sentence, paragraph, subdivision, section
44 or part thereof directly involved in the controversy in which such judg-
45 ment shall have been rendered. It is hereby declared to be the intent of
46 the legislature that this act would have been enacted even if such
47 invalid provisions had not been included herein.
48 § 4. This act shall take effect immediately provided, however, that
49 the applicable effective date of Parts A through P of this act shall be
50 as specifically set forth in the last section of such Parts.
