Bill Text: NY A05037 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "omnibus obesity and respiratory illness reduction act"; provides for the screening for childhood obesity by elementary and secondary schools; 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; 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; encourages the expansion of production of fresh fruits and vegetables by community gardens; directs the state and municipalities to develop more and safer bike lanes and multiple use trails so as to encourage physical activity and reduce carbon emissions; directs the department of agriculture and markets to increase the number of regional farmers' markets for the direct marketing of foods and produce produced in the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-29 - print number 5037a [A05037 Detail]
Download: New_York-2017-A05037-Introduced.html
Bill Title: Enacts the "omnibus obesity and respiratory illness reduction act"; provides for the screening for childhood obesity by elementary and secondary schools; 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; 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; encourages the expansion of production of fresh fruits and vegetables by community gardens; directs the state and municipalities to develop more and safer bike lanes and multiple use trails so as to encourage physical activity and reduce carbon emissions; directs the department of agriculture and markets to increase the number of regional farmers' markets for the direct marketing of foods and produce produced in the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-29 - print number 5037a [A05037 Detail]
Download: New_York-2017-A05037-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5037 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Agriculture 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- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08212-01-7A. 5037 2 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 (w) and (x) to read as follows: 18 (w) (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. 45 (x) (i) For purposes of this paragraph, the following definitions 46 shall apply:A. 5037 3 1 (A) "Food service facility" means a food service establishment, as 2 defined in the state sanitary code, that operates under common ownership 3 or control with at least twenty-five other food service establishments 4 with the same name in the state that offer for sale substantially the 5 same menu items, or operates as a franchised outlet of a parent company 6 with at least twenty-five other franchised outlets with the same name in 7 the state that offer for sale substantially the same menu items. 8 (B) "Nutritional information" may include the following, per standard 9 menu item, as that item is usually prepared and offered for sale: 10 (I) Total number of calories. 11 (II) Total number of grams of carbohydrates. 12 (III) Total number of grams of saturated fat. 13 (IV) Total number of milligrams of sodium. 14 (C) "Point of sale" means the location where a customer places an 15 order. 16 (D) In calculating nutritional information, a food service facility 17 may use any reasonable means recognized by the federal food and drug 18 administration to determine nutritional information for a standard menu 19 item, as usually prepared and offered for sale including, but not limit- 20 ed to, nutrient databases and laboratory analyses. 21 (ii)(A) by rule or regulation, may require every food service facility 22 to disclose the nutritional information required by clause (B) of this 23 subparagraph. 24 (B) a food service facility, by rule or regulation, may be required to 25 disclose the nutritional information in a clear and conspicuous manner 26 at the point of sale prior to or during the placement of an order. 27 § 2. This act shall take effect one year after it shall have become a 28 law, provided that, effective immediately, any rules and regulations 29 necessary to implement the provisions of this act on its effective date 30 are authorized and directed to be completed on or before such date. 31 PART B 32 Section 1. The public health law is amended by adding a new article 33 13-I to read as follows: 34 ARTICLE 13-I 35 IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION 36 Section 1399-xx. In-utero exposure prevention. 37 1399-yy. Programs. 38 § 1399-xx. In-utero exposure prevention. 1. Every health care provid- 39 er, health care insurer and pregnancy program is encouraged to distrib- 40 ute information on the adverse effects of smoking during pregnancy for 41 both firsthand and secondhand smoke. Such adverse effects to the infant 42 include lower birth rates, higher incidence of asthma and obesity, and 43 cognitive and developmental damage. 44 2. Every health care provider shall monitor expectant mothers' smoking 45 statuses and offer continuous tailored discussion of quitting smoking 46 with expectant mothers during their prenatal care. 47 § 1399-yy. Programs. The following programs shall be added to existing 48 tobacco control programs for pregnant women or to other pregnancy 49 related programs: 50 1. Carbon monoxide monitoring; 51 2. Depression, social support and domestic violence screening and 52 referrals; 53 3. Referrals for smoking cessation for household members; 54 4. Ongoing support by counseling and educational materials; andA. 5037 4 1 5. Financial incentives such as diaper coupons for quitting for more 2 than four weeks. 3 § 2. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law. Provided, that effective immediately the 5 commissioner of health is authorized and directed to promulgate any and 6 all rules and regulations, and take any other measures necessary to 7 implement the provisions of this act on its effective date. 8 PART C 9 Section 1. Subdivisions 2 and 4 of section 2111 of the public health 10 law, as added by section 21 of part C of chapter 58 of the laws of 2004, 11 are amended to read as follows: 12 2. The department shall establish the criteria by which individuals 13 will be identified as eligible for enrollment in the demonstration 14 programs. Persons eligible for enrollment in the disease management 15 demonstration program shall be limited to individuals who: receive 16 medical assistance pursuant to title eleven of article five of the 17 social services law and may be eligible for benefits pursuant to title 18 18 of the social security act (Medicare); are not enrolled in a Medicaid 19 managed care plan, including individuals who are not required or not 20 eligible to participate in Medicaid managed care programs pursuant to 21 section three hundred sixty-four-j of the social services law; are diag- 22 nosed with chronic health problems as may be specified by the entity 23 undertaking the demonstration program, including, but not limited to one 24 or more of the following: congestive heart failure, chronic obstructive 25 pulmonary disease, asthma, chronic bronchitis, other chronic respiratory 26 diseases, diabetes, adult and childhood obesity, or other chronic health 27 conditions as may be specified by the department; or have experienced or 28 are likely to experience one or more hospitalizations or are otherwise 29 expected to incur excessive costs and high utilization of health care 30 services. 31 4. The demonstration program shall offer evidence-based services and 32 interventions designed to ensure that the enrollees receive high quali- 33 ty, preventative and cost-effective care, aimed at reducing the necessi- 34 ty for hospitalization or emergency room care or at reducing lengths of 35 stay when hospitalization is necessary. The demonstration program may 36 include screening of eligible enrollees, developing an individualized 37 care management plan for each enrollee and implementing that plan. 38 Disease management demonstration programs that utilize information tech- 39 nology systems that allow for continuous application of evidence-based 40 guidelines to medical assistance claims data and other available data to 41 identify specific instances in which clinical interventions are justi- 42 fied and communicate indicated interventions to physicians, health care 43 providers and/or patients, and monitor physician and health care provid- 44 er response to such interventions, shall have the enrollees, or groups 45 of enrollees, approved by the department for participation. The services 46 provided by the demonstration program as part of the care management 47 plan may include, but are not limited to, case management, social work, 48 individualized health counselors, multi-behavioral goals plans, claims 49 data management, health and self-care education, drug therapy management 50 and oversight, personal emergency response systems and other monitoring 51 technologies, systematic chronic health conditions identified for moni- 52 toring, telehealth services and similar services designed to improve the 53 quality and cost-effectiveness of health care services. 54 § 2. This act shall take effect immediately.A. 5037 5 1 PART D 2 Section 1. Paragraphs (a) and (g) of subdivision 2 of section 2599-b 3 of the public health law, as amended by section 1 of part A of chapter 4 469 of the laws of 2015, are amended to read as follows: 5 (a) developing media health promotion campaigns, in coordination with 6 the public information provided pursuant to section twenty-five 7 hundred-l of this article, targeted to children and adolescents and 8 their parents and caregivers that emphasize increasing consumption of 9 low-calorie, high-nutrient foods, decreasing consumption of high-calo- 10 rie, low-nutrient foods and increasing physical activity designed to 11 prevent or reduce obesity; 12 education to children and their parents and caregivers; [and] 13 (g) developing screening programs, in accordance with section twenty- 14 five hundred-l of this article, in coordination with health care provid- 15 ers and institutions including but not limited to day care centers and 16 schools for overweight and obesity for children aged two through eigh- 17 teen years, using body mass index (BMI) appropriate for age and gender, 18 and notification, in a manner protecting the confidentiality of such 19 children and their families, of parents of BMI status, and explanation 20 of the consequences of such status, including recommended actions 21 parents may need to take and information about resources and referrals 22 available to families to enhance nutrition and physical activity to 23 reduce and prevent obesity; and 24 § 2. This act shall take effect immediately. 25 PART E 26 Section 1. Section 263 of the public health law, as added by chapter 27 538 of the laws of 2002, is amended to read as follows: 28 § 263. Department authorized to study obesity - report. 1. The depart- 29 ment is authorized to sample and collect data on individual cases where 30 obesity is being actively treated and data collected pursuant to section 31 twenty-five hundred-l of this chapter, and to analyze such data in order 32 to evaluate the impact of treating obesity. Such data collection and 33 analysis shall include the following: 34 a. The effectiveness of existing methods for treating or preventing 35 obesity; 36 b. The effectiveness of alternate methods for treating or preventing 37 obesity; 38 c. The fiscal impact of treating or preventing obesity; 39 d. The compliance and cooperation of patients with various methods of 40 treating or preventing obesity; or 41 e. The reduction in serious medical problems associated with diabetes 42 that results from treating or preventing obesity. 43 2. The department is authorized to fund the research authorized in 44 subdivision one of this section and section twenty-five hundred-l of 45 this chapter from gifts, grants, and donations from individuals, private 46 organizations, foundations, or any governmental unit; except that no 47 gift, grant, or donation may be accepted by the department if it is 48 subject to conditions that are inconsistent with this title or any other 49 laws of this state. The department shall have the power to direct the 50 disposition of any such gift, grant, or donation for the purposes of 51 this title. 52 3. After completion of the research authorized in subdivision one of 53 this section, the department shall submit a report and supporting mate-A. 5037 6 1 rials to the governor and the legislature by June first of the following 2 year and update such report every three years. 3 § 2. This act shall take effect immediately. 4 PART F 5 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section 6 2411 of the public health law, as amended by section 5 of part A of 7 chapter 60 of the laws of 2014, are amended to read as follows: 8 (a) Survey state agencies, boards, programs and other state govern- 9 mental entities to assess what, if any, relevant data has been or is 10 being collected which may be of use to researchers engaged in breast 11 cancer research, or adult and childhood obesity, asthma, chronic bron- 12 chitis or other chronic respiratory disease research; 13 (b) Consistent with the survey conducted pursuant to paragraph (a) of 14 this subdivision, compile a list of data collected by state agencies 15 which may be of assistance to researchers engaged in breast cancer 16 research as established in section twenty-four hundred twelve of this 17 title, and adult and childhood obesity, asthma, chronic bronchitis or 18 other chronic respiratory disease research; 19 (c) Consult with the Centers for Disease Control and Prevention, the 20 National Institutes of Health, the Federal Agency For Health Care Policy 21 and Research, the National Academy of Sciences and other organizations 22 or entities which may be involved in cancer research to solicit both 23 information regarding breast cancer research projects, and adult and 24 childhood obesity, asthma, chronic bronchitis or other chronic respir- 25 atory disease research projects that are currently being conducted and 26 recommendations for future research projects; 27 § 2. The public health law is amended by adding a new section 2500-l 28 to read as follows: 29 § 2500-l. Childhood obesity prevention and screening. 1. Legislative 30 declaration. The legislature hereby finds, determines and declares that 31 obesity, particularly childhood obesity, is a serious medical problem 32 and that the high incidence of such condition needs to be curtailed to 33 improve the overall health of the general public and to help reduce the 34 cost of providing health care in this state. Provided further, that the 35 legislature hereby reaffirms the legislative intent contained in section 36 two hundred sixty-one of this chapter concerning obesity. 37 2. The commissioner may establish, for use by pediatric primary care 38 providers and hospitals, best practice protocols for the early screen- 39 ing, identification and treatment of children who have low birth weights 40 or may become susceptible to contracting asthma or manifest to have 41 childhood obesity conditions. Such protocols shall incorporate standards 42 and guidelines established by the American Academy of Pediatricians, the 43 federal department of agriculture, the federal department of health and 44 human services, the surgeon general, and the centers for disease control 45 and prevention. 46 3. The department, in order to support quality care in all hospitals 47 with obstetric services and for all pediatric primary care providers, is 48 authorized to provide non-patient specific information for all births at 49 each affiliate hospital in each regional perinatal center's network to 50 the regional perinatal center and the affiliate, except that such infor- 51 mation shall include zip code and a unique identifier, such as medical 52 record number. 53 4. The information when received by the department shall be used sole- 54 ly for the purpose of improving quality of care and shall not be subjectA. 5037 7 1 to release under article six of the public officers law, and where 2 applicable, shall be subject to the confidentiality provisions of 3 section twenty-eight hundred five-m of this chapter, except that the 4 release of birth certificate information shall be subject to section 5 forty-one hundred seventy-four of this chapter. 6 5. The commissioner may release information collected through the 7 statewide perinatal data system, pursuant to section twenty-five 8 hundred-h of this title and corresponding information related to asthma, 9 childhood obesity or underweight babies to his or her designees, includ- 10 ing persons or entities under contract with the department to review 11 quality of care issues, as related to the provisions of this section, 12 and to conduct quality improvement initiatives as needed to monitor, 13 evaluate and improve patient care and outcomes. Such designee or person 14 or entity under contract with the department to review quality of care 15 issues shall maintain the confidentiality of all such information and 16 shall use it only to improve quality of care, as approved by the depart- 17 ment, and to implement the provisions of title five of article two of 18 this chapter, as added by chapter five hundred thirty-eight of the laws 19 of two thousand two. 20 6. The department may produce and distribute educational materials on 21 childhood obesity and asthma risks and precautions. Such materials may 22 be made available to child care centers, pediatricians and nursery, 23 elementary and secondary schools for distribution to persons in parental 24 relation to children, and to hospitals, birthing centers and other 25 appropriate health care providers for distribution to maternity 26 patients. In addition, such materials may be provided to health care 27 professionals engaged in the care and treatment of children for distrib- 28 ution to such children and persons in parental relation. The department 29 may also provide information on childhood obesity and asthma risks and 30 precautions on the department's internet website. No provision of this 31 subdivision shall be deemed to prohibit the utilization and distribution 32 of educational materials relating thereto produced by any public, 33 private or governmental entity, in lieu of the department's production 34 of such materials. 35 7. The department shall periodically review available data on obesity 36 and asthma in children and update the information on childhood obesity 37 and asthma risks and precautionary measures provided in its educational 38 materials and on its internet website, as appropriate. 39 § 3. This act shall take effect immediately. 40 PART G 41 Section 1. The education law is amended by adding a new section 923 42 to read as follows: 43 § 923. Use of nebulizer. 1. Every school district and board of cooper- 44 ative educational services in this state may maintain one or more nebu- 45 lizers in the office of the school nurse or in a similar accessible 46 location. 47 2. The commissioner, in consultation with the commissioner of health, 48 may promulgate regulations for the administration of asthma medication 49 through the use of a nebulizer by the school nurse or person authorized 50 by regulation. The regulations may include: 51 a. a requirement that each certified nurse or other person authorized 52 to administer asthma medication in schools receive training in airway 53 management and in the use of nebulizers and inhalers consistent with 54 nationally recognized standards; andA. 5037 8 1 b. a requirement that each pupil authorized to use asthma medication 2 pursuant to section nine hundred sixteen of this article or a nebulizer 3 have an asthma treatment plan prepared by the physician of the pupil, 4 which identify, at a minimum, asthma triggers, the treatment plan, and 5 such other elements as shall be determined by the regents. 6 § 2. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law; provided, however, that effective immediate- 8 ly the commissioner of education is authorized to promulgate rules and 9 regulations necessary for the implementation of this act on such effec- 10 tive date. 11 PART H 12 Section 1. The real property law is amended by adding a new section 13 235-h to read as follows: 14 § 235-h. Residential rental property smoking policies. Every rental 15 agreement for a dwelling unit, in a multiple dwelling building with 16 twenty or more units, shall include a disclosure of the smoking policy 17 for the premises on which the dwelling unit is located. The disclosure 18 must state whether smoking is prohibited on the premises, allowed on the 19 entire premises or allowed in limited areas on the premises. If the 20 smoking policy allows smoking in limited areas on the premises, the 21 disclosure must identify the areas on the premises where smoking is 22 allowed. 23 § 2. This act shall take effect on the first of January next succeed- 24 ing the date on which it shall have become a law. 25 PART I 26 Section 1. The state finance law is amended by adding a new section 27 91-g to read as follows: 28 § 91-g. Obesity and respiratory disease research and education fund. 29 1. There is hereby established in the joint custody of the commissioner 30 of taxation and finance and the comptroller, a special fund to be known 31 as the "obesity and respiratory disease research and education fund". 32 2. Such fund shall consist of all revenue received pursuant to an 33 appropriation thereto, and all other moneys appropriated, credited or 34 transferred thereto from any other fund or source pursuant to law. 35 Nothing in this section shall be deemed to prevent the state from 36 receiving grants, gifts or bequests for the purposes of the fund and 37 depositing them into the fund according to law. 38 3. Monies of the fund shall be expended only for adult and childhood 39 obesity, asthma, chronic bronchitis or other chronic respiratory disease 40 research and educational projects conducted pursuant to sections twen- 41 ty-four hundred eleven, twenty-five hundred and twenty-five hundred-l of 42 the public health law. 43 4. Monies shall be payable from the fund on the audit and warrant of 44 the comptroller on vouchers approved or certified by the commissioner of 45 health. 46 § 2. This act shall take effect immediately. 47 PART J 48 Section 1. Paragraph (a) of subdivision 2-a of section 390 of the 49 social services law, as added by chapter 416 of the laws of 2000, is 50 amended to read as follows:A. 5037 9 1 (a) The office of children and family services shall promulgate regu- 2 lations which establish minimum quality program requirements for 3 licensed and registered child day care homes, programs and facilities. 4 Such requirements shall include but not be limited to (i) the need for 5 age appropriate activities, materials and equipment to promote cogni- 6 tive, educational, social, cultural, physical, emotional, language and 7 recreational development of children in care in a safe, healthy and 8 caring environment (ii) principles of childhood development (iii) appro- 9 priate staff/child ratios for family day care homes, group family day 10 care homes, school age day care programs and day care centers, provided 11 however that such staff/child ratios shall not be less stringent than 12 applicable staff/child ratios as set forth in part four hundred four- 13 teen, four hundred sixteen, four hundred seventeen or four hundred eigh- 14 teen of title eighteen of the New York code of rules and regulations as 15 of January first, two thousand (iv) appropriate levels of supervision of 16 children in care (v) appropriate levels of physical activity and nutri- 17 tional offerings to encourage healthy eating and living habits to help 18 lower the incidence of childhood obesity (vi) minimum standards for 19 sanitation, health, infection control, nutrition, buildings and equip- 20 ment, safety, security procedures, first aid, fire prevention, fire 21 safety, evacuation plans and drills, prevention of child abuse and 22 maltreatment, staff qualifications and training, record keeping, and 23 child behavior management. 24 § 2. Section 390-a of the social services law is amended by adding a 25 new subdivision 6 to read as follows: 26 6. No family day care home, group family day care home, school age 27 child care program or child day care center shall discourage activities 28 related to breast feeding a child or feeding a child who is fed with 29 expressed breast milk. 30 § 3. This act shall take effect on the first of January next succeed- 31 ing the date on which it shall have become a law; provided that, effec- 32 tive immediately, any rules and regulations necessary to implement the 33 provisions of this act on its effective date are authorized and directed 34 to be completed on or before such date. 35 PART K 36 Section 1. Subdivision 1 of section 414 of the education law is 37 amended by adding a new paragraph (l) to read as follows: 38 (l) For bona fide after-school programs operated by a not-for-profit 39 or charitable organization. Such programs shall present some form of 40 educational instruction or academic material, or promote physical educa- 41 tion. 42 § 2. Subdivision 2 of section 414 of the education law, as amended by 43 chapter 513 of the laws of 2005, is amended to read as follows: 44 2. The trustees or board of education shall determine the terms and 45 conditions for such use which may include rental at least in an amount 46 sufficient to cover all resulting expenses for the purposes of para- 47 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one 48 of this section. For the purposes of paragraph (1) of subdivision one of 49 this section, the trustees or board of education may provide that either 50 no fee or a minimal fee be imposed upon the not-for-profit or charitable 51 organization. Any such use, pursuant to [paragraphs] paragraph (a), (c), 52 (d), (h) [and], (j) or (l) of subdivision one of this section, shall not 53 allow the exclusion of any district child solely because said child isA. 5037 10 1 not attending a district school or not attending the district school 2 which is sponsoring such use or on which grounds the use is to occur. 3 § 3. Subdivision 27 of section 2590-h of the education law, as amended 4 by chapter 345 of the laws of 2009, is amended to read as follows: 5 27. Promulgate regulations, in conjunction with each community super- 6 intendent, establishing a plan for providing access to school facilities 7 in each community school district, when not in use for school purposes, 8 in accordance with the provisions of section four hundred fourteen of 9 this chapter. Such plan shall set forth a reasonable system of fees not 10 to exceed the actual costs and specify that no part of any fee shall 11 directly or indirectly benefit or be deposited into an account which 12 inures to the benefit of the custodians or custodial engineers. 13 Notwithstanding any other provision of law, rule or regulation to the 14 contrary, such plan may provide that either no fee or a minimal fee 15 shall be charged for the use of school facilities by a not-for-profit or 16 charitable organization. The use of such facilities shall only be for 17 bona fide after-school programs that present some form of educational 18 instruction or academic material, or promote physical education. 19 § 4. Subdivision 27 of section 2590-h of the education law, as amended 20 by chapter 720 of the laws of 1996, is amended to read as follows: 21 27. Develop, in conjunction with each community superintendent, a plan 22 for providing access to school facilities in each community school 23 district, when not in use for school purposes, in accordance with the 24 provisions of section four hundred fourteen of this chapter. Such plan 25 shall set forth a reasonable system of fees not to exceed the actual 26 costs and specify that no part of any fee shall directly or indirectly 27 benefit or be deposited into an account which inures to the benefit of 28 the custodians or custodial engineers. Notwithstanding any other 29 provision of law, rule or regulation to the contrary, such plan may 30 provide that either no fee or a minimal fee shall be charged for the use 31 of school facilities by a not-for-profit or charitable organization. The 32 use of such facilities shall only be for bona fide after-school programs 33 that present some form of educational instruction or academic material, 34 or promote physical education. 35 § 5. This act shall take effect on the one hundred eightieth day after 36 it shall have become a law; provided that the amendments to subdivision 37 27 of section 2590-h of the education law, made by section three of this 38 act, shall be subject to the expiration and reversion of such section, 39 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of 40 2009, as amended, when upon such date the provisions of section four of 41 this act shall take effect. 42 PART L 43 Section 1. Section 901 of the education law, as amended by chapter 477 44 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1 45 of chapter 58 of the laws of 2006, is amended to read as follows: 46 § 901. School health services to be provided. 1. School health 47 services, as defined in subdivision two of this section, shall be 48 provided by each school district for all students attending the public 49 schools in this state, except in the city school district of the city of 50 New York, as provided in this article. School health services shall 51 include the services of a registered professional nurse, if one is 52 employed, and shall also include such services as may be rendered as 53 provided in this article in examining students for the existence of 54 disease or disability, or may include services related to examining forA. 5037 11 1 childhood obesity based upon the calculation of each student's body mass 2 index and weight status category pursuant to section nine hundred four 3 of this article, and in testing the eyes and ears of such students. 4 2. School health services for the purposes of this article shall mean 5 the several procedures, including, but not limited to, medical examina- 6 tions, dental inspection and/or screening, scoliosis screening, vision 7 screening [and], audiometer tests, and childhood obesity as measured by 8 body mass index and weight status category, designed to determine the 9 health status of the child; to inform parents or other persons in 10 parental relation to the child, pupils and teachers of the individual 11 child's health condition subject to federal and state confidentiality 12 laws; to guide parents, children and teachers in procedures for prevent- 13 ing and correcting defects [and], diseases and childhood obesity condi- 14 tions; to instruct the school personnel in procedures to take in case of 15 accident or illness; to survey and make necessary recommendations 16 concerning the health and safety aspects of school facilities and the 17 provision of health information. 18 § 2. Subdivisions 1, 3 and 4 of section 903 of the education law, 19 subdivision 1 as amended by chapter 376 of the laws of 2015, subdivi- 20 sions 3 and 4 as amended by chapter 281 of the laws of 2007, and para- 21 graph a of subdivision 3 as amended by section 28 of part A of chapter 22 58 of the laws of 2008, are amended to read as follows: 23 1. A health certificate shall be furnished by each student in the 24 public schools upon his or her entrance in such schools and upon his or 25 her entry into the grades prescribed by the commissioner in regulations, 26 provided that such regulations shall require such certificates at least 27 twice during the elementary grades and twice in the secondary grades. An 28 examination and health history of any child may be required by the local 29 school authorities at any time in their discretion to promote the educa- 30 tional interests of such child. Each certificate shall be signed by a 31 duly licensed physician, physician assistant, or nurse practitioner, who 32 is authorized by law to practice in this state, and consistent with 33 subdivision three of section six thousand nine hundred two of this chap- 34 ter, or by a duly licensed physician, physician assistant, or nurse 35 practitioner, who is authorized to practice in the jurisdiction in which 36 the examination was given, provided that the commissioner has determined 37 that such jurisdiction has standards of licensure and practice compara- 38 ble to those of New York. Each such certificate shall describe the 39 condition of the student when the examination was made, which shall not 40 be more than twelve months prior to the commencement of the school year 41 in which the examination is required, and shall state whether such 42 student is in a fit condition of health to permit his or her attendance 43 at the public schools. The examination may include a diabetes risk 44 analysis and, if necessary, children with risk factors for type 1 45 diabetes, or risk factors associated with type 2 diabetes such as obesi- 46 ty, a family history of type 2 diabetes, or any other factors consistent 47 with increased risk shall be tested for diabetes. Each such certificate 48 shall also state the student's body mass index (BMI) and weight status 49 category. For purposes of this section, BMI is computed as the weight in 50 kilograms divided by the square of height in meters or the weight in 51 pounds divided by the square of height in inches multiplied by a conver- 52 sion factor of 703. Weight status categories for children and adoles- 53 cents shall be as defined by the commissioner of health. In all school 54 districts such physician, physician assistant or nurse practitioner 55 shall determine whether a one-time test for sickle cell anemia is neces-A. 5037 12 1 sary or desirable and he or she shall conduct such a test and the 2 certificate shall state the results. 3 3. a. Within thirty days after the student's entrance in such schools 4 or grades, the health certificate shall be submitted to the principal or 5 his or her designee and shall be filed in the student's cumulative 6 health record. If such student does not present a health certificate as 7 required in this section, unless he or she has been accommodated on 8 religious grounds, the principal or the principal's designee shall cause 9 a notice to be sent to the parents or person in parental relationship to 10 such student that if the required health certificate is not furnished 11 within thirty days from the date of such notice, an examination will be 12 made of such student, as provided in this article. Each school and 13 school district [chosen as part of an appropriate sampling methodology] 14 shall participate in surveys directed by the commissioner of health 15 pursuant to the public health law in relation to students' BMI and 16 weight status categories as reported on the school health certificate 17 and which shall be subject to audit by the commissioner of health. Such 18 surveys shall contain the information required pursuant to subdivision 19 one of this section in relation to students' BMI and weight status cate- 20 gories in aggregate. Parents or other persons in parental relation to a 21 student may refuse to have the student's BMI and weight status category 22 included in such survey. Each school and school district shall provide 23 the commissioner of health with any information, records and reports he 24 or she may require for the purpose of such audit. The BMI and weight 25 status survey and audit as described in this subdivision shall be 26 conducted consistent with confidentiality requirements imposed by feder- 27 al law. 28 b. Within thirty days after the student's entrance in such schools or 29 grades, the dental health certificate, if obtained, shall be filed in 30 the student's cumulative health record. 31 4. Notwithstanding the provisions of subdivisions one, two and three 32 of this section, no examinations for a health certificate or health 33 history shall be required or dental certificate requested, and no 34 screening examinations for sickle cell anemia or childhood obesity shall 35 be required where a student or the parent or person in parental relation 36 to such student objects thereto on the grounds that such examinations or 37 health history conflict with their genuine and sincere religious 38 beliefs. 39 § 3. Subdivision 1 of section 904 of the education law, as amended by 40 section 12 of part B of chapter 58 of the laws of 2007, is amended to 41 read as follows: 42 1. Each principal of a public school, or his or her designee, shall 43 report to the director of school health services having jurisdiction 44 over such school, the names of all students who have not furnished 45 health certificates as provided in section nine hundred three of this 46 article, or who are children with disabilities, as defined by article 47 eighty-nine of this chapter, and the director of school health services 48 shall cause such students to be separately and carefully examined and 49 tested to ascertain whether any student has defective sight or hearing, 50 or any other physical disability which may tend to prevent him or her 51 from receiving the full benefit of school work, or from requiring a 52 modification of such work to prevent injury to the student or from 53 receiving the best educational results. Each examination shall also 54 include a calculation of the student's body mass index (BMI) and weight 55 status category. For purposes of this section, BMI is computed as the 56 weight in kilograms divided by the square of height in meters or theA. 5037 13 1 weight in pounds divided by the square of height in inches multiplied by 2 a conversion factor of 703. Weight status categories for children and 3 adolescents shall be as defined by the commissioner of health. In all 4 school districts, such physician, physician assistant or nurse practi- 5 tioner shall determine whether a one-time test for sickle cell anemia is 6 necessary or desirable and he or she shall conduct such tests and the 7 certificate shall state the results. If it should be ascertained, upon 8 such test or examination, that any of such students have defective sight 9 or hearing[,] or other physical disability, including sickle cell 10 anemia, as above described, or are obese, the principal or his or her 11 designee shall notify the parents of, or other persons in parental 12 relation to, the child as to the existence of such disability. If the 13 parents or other persons in parental relation are unable or unwilling to 14 provide the necessary relief and treatment for such students, such fact 15 shall be reported by the principal or his or her designee to the direc- 16 tor of school health services, whose duty it shall be to provide relief 17 for such students. Each school and school district [chosen as part of an18appropriate sampling methodology] shall participate in surveys directed 19 by the commissioner of health pursuant to the public health law in 20 relation to students' BMI and weight status categories as determined by 21 the examination conducted pursuant to this section and which shall be 22 subject to audit by the commissioner of health. Such surveys shall 23 contain the information required pursuant to this subdivision in 24 relation to students' BMI and weight status categories in aggregate. 25 [Parents or other persons in parental relation to a student may refuse26to have the student's BMI and weight status category included in such27survey.] Each school and school district shall provide the commissioner 28 of health with any information, records and reports he or she may 29 require for the purpose of such audit. The BMI and weight status survey 30 and audit as described in this section shall be conducted consistent 31 with confidentiality requirements imposed by federal law. [Data32collection for such surveys shall commence on a voluntary basis at the33beginning of the two thousand seven academic school year, and by all34schools chosen as part of the sampling methodology at the beginning of35the two thousand eight academic school year.] The department shall also 36 utilize the collected data to develop a report of child obesity and 37 obesity related diseases. 38 § 4. Section 912 of the education law, as amended by chapter 477 of 39 the laws of 2004, is amended to read as follows: 40 § 912. Health and welfare services to all children. The voters and/or 41 trustees or board of education of every school district shall, upon 42 request of the authorities of a school other than public, provide resi- 43 dent children who attend such school with any or all of the health and 44 welfare services and facilities which are made available by such voters 45 and/or trustees or board of education to or for children attending the 46 public schools of the district. Such services may include, but are not 47 limited to all services performed by a physician, physician assistant, 48 dentist, dental hygienist, registered professional nurse, nurse practi- 49 tioner, school psychologist, school social worker or school speech ther- 50 apist, and may also include dental prophylaxis, vision and hearing 51 screening examinations, childhood obesity screening, the taking of 52 medical histories and the administration of health screening tests, the 53 maintenance of cumulative health records and the administration of emer- 54 gency care programs for ill or injured students. Any such services or 55 facilities shall be so provided notwithstanding any provision of any 56 charter or other provision of law inconsistent herewith. Where childrenA. 5037 14 1 residing in one school district attend a school other than public 2 located in another school district, the school authorities of the 3 district of residence shall contract with the school authorities of the 4 district where such nonpublic school is located, for the provision of 5 such health and welfare services and facilities to such children by the 6 school district where such nonpublic school is located, for a consider- 7 ation to be agreed upon between the school authorities of such 8 districts, subject to the approval of the qualified voters of the 9 district of residence when required under the provisions of this chap- 10 ter. Every such contract shall be in writing and in the form prescribed 11 by the commissioner, and before such contract is executed the same shall 12 be submitted for approval to the superintendent of schools having juris- 13 diction over such district of residence and such contract shall not 14 become effective until approved by such superintendent. 15 § 5. Subdivisions 4 and 5 of section 918 of the education law, as 16 added by chapter 493 of the laws of 2004, are amended to read as 17 follows: 18 4. The committee is encouraged to study and make recommendations on 19 all facets of the current nutritional policies of the district includ- 20 ing, but not limited to, the goals of the district to promote health and 21 proper nutrition, reduce the incidence of childhood obesity, vending 22 machine sales, menu criteria, educational curriculum teaching healthy 23 nutrition, and educational information provided to parents or guardians 24 regarding healthy nutrition and the health risks associated with obesi- 25 ty, asthma, chronic bronchitis and other chronic respiratory diseases. 26 Provided, further, the committee may provide information to persons in 27 parental relation on opportunities offered to parents or guardians to 28 encourage healthier eating habits to students, and the education 29 provided to teachers and other staff as to the importance of healthy 30 nutrition and about the dangers of childhood obesity. In addition the 31 committee shall consider recommendations and practices of other 32 districts and nutrition studies. 33 5. The committee is encouraged to report periodically to the district 34 regarding practices that will educate teachers, parents or guardians and 35 children about healthy nutrition and raise awareness of the dangers of 36 childhood obesity, asthma, chronic bronchitis and other chronic respir- 37 atory diseases. The committee is encouraged also to provide any parent 38 teacher associations in the district with such findings and recommenda- 39 tions. 40 § 6. This act shall take effect two years after it shall have become a 41 law. 42 PART M 43 Section 1. Subdivisions 1 and 5 of section 803 of the education law, 44 as amended by chapter 118 of the laws of 1957, are amended to read as 45 follows: 46 1. All pupils above the age of eight years in all elementary and 47 secondary schools, shall receive as part of the prescribed courses of 48 instruction therein such physical education under the direction of the 49 commissioner [of education] as the regents may determine. Such courses 50 shall be designed to aid in the well-rounded education of pupils and in 51 the development of character, citizenship, overall physical fitness, 52 good health [and], the worthy use of leisure and the reduction in the 53 incidence of childhood obesity. Pupils above such age attending theA. 5037 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. The section heading and subdivision 1 of section 804 of the 36 education law, as amended by chapter 390 of the laws of 2016, are 37 amended to read as follows: 38 Health education regarding mental health, alcohol, drugs, tobacco 39 abuse, the reduction in the incidence of obesity and the prevention and 40 detection of certain cancers. 1. All schools under the jurisdiction of 41 the department shall ensure that their health, science or physical 42 education programs recognize the multiple dimensions of health by 43 including mental health and the relation of physical and mental health 44 so as to enhance student understanding, attitudes and behaviors that 45 promote health, well-being and human dignity. 46 § 4. 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 enhancingA. 5037 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 § 5. 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 § 6. This act shall take effect immediately, except that section three 14 of this act shall take effect on the same date and in the same manner as 15 chapter 390 of the laws of 2016 takes effect. 16 PART N 17 Section 1. Section 11 of the public buildings law, as added by chapter 18 819 of the laws of 1987 and subdivision 2 as amended by chapter 126 of 19 the laws of 1988, is amended to read as follows: 20 § 11. Pilot program of bicycle parking facilities. 1. Legislative 21 finding. In recognition of the role which bicycles can serve as a valu- 22 able transportation mode with energy conservation, health, physical 23 fitness and environmental benefits, it is hereby declared to be the 24 policy of the state that provision for adequate and safe bicycle facili- 25 ties including the use of present facilities for safe and secure bicycle 26 parking and storage be included in the planning [and], development, 27 construction or reconstruction of all state facilities. 28 2. (a) The commissioner of general services shall undertake a [pilot] 29 program for the provision and promotion of safe and secure bicycle park- 30 ing facilities at state office buildings for state employees and visi- 31 tors at such buildings. The commissioner[, within one year of the enact-32ment of this section,] of general services shall provide, at the 33 principal office buildings under his or her superintendence at the 34 Nelson A. Rockefeller Empire State Plaza in Albany[, New York], secure 35 bicycle parking facilities for use by employees and visitors. Provided, 36 further, that the commissioner of general services shall make an inven- 37 tory of all existing bicycle parking and storage facilities at all state 38 office buildings and office buildings in which the state leases or occu- 39 pies space. Such inventory shall be made only of state owned or leased 40 buildings or offices which have over fifty state employees located at 41 such site or in which the visitation rate by the general public is over 42 five hundred visitors, on average, each month. Such inventory of bicycle 43 parking and storage facilities shall be completed within two years of 44 the effective date of the chapter of the laws of two thousand sixteen 45 which amended this section. 46 (b) The commissioner of general services is also authorized, within a 47 reasonable period and where feasible, to provide suitable support facil- 48 ities including clothing lockers, showers and changing facilities, and 49 to charge a reasonable use fee. 50 (c) For the purpose of this section, the term "bicycle parking facili- 51 ty" means a device or enclosure, located within a building or installa- 52 tion, or conveniently adjacent thereto, that is easily accessible, 53 clearly visible and so located as to minimize the danger of theft of 54 bicycles. Such a device shall consist of a parking rack, locker, orA. 5037 17 1 other device constructed to enable the frame and both wheels of a bicy- 2 cle to be secured with ease by use of a padlock in a manner that will 3 minimize the risk of theft, or an enclosure which limits access to the 4 bicycles and is under observation by an attendant. 5 3. Upon completion of a state office building bicycle parking and 6 storage facilities inventory provided for in paragraph (a) of subdivi- 7 sion two of this section, the commissioner of general services shall 8 develop a plan to expand bicycle parking and storage facilities to 9 encourage the use of such facilities by state employees and the general 10 public that patronize such facilities to conduct public business. Such 11 plan shall be completed within eighteen months after finalization of the 12 parking and storage facilities inventory. Such plan shall contain and 13 address the following elements to encourage state employees and the 14 general public to use bicycles more frequently at each state office 15 building facility or leased premise: 16 (a) The inventory of bicycle parking and storage facilities shall be 17 ranked from highest to lowest based on the existing unfulfilled demand 18 for such facilities at state office buildings. Such ranking shall also 19 consider increased future demand or the potential for increased future 20 demand of such parking and storage facilities; 21 (b) In urban settings, there shall be a plan to develop an ample 22 supply of secure covered and uncovered off-street bicycle parking and 23 storage or alternate indoor parking or storage for such bicycles; 24 (c) Adequate posting of such bicycle parking and storage facilities 25 shall be provided for and placed around such state office building 26 facility to encourage utilization of such parking and storage facilities 27 by state employees and the general public; 28 (d) A marketing plan and community outreach effort shall provide for 29 the dissemination of information to state employees, visitors to state 30 office buildings, and to the general public to encourage individuals to 31 use bicycles when traveling to such buildings or facilities; and 32 (e) The commissioner of general services shall include and address any 33 other element in the plan as he or she deems appropriate. 34 4. In undertaking such [pilot] program, the office of general services 35 shall: (a) Consult with and cooperate with (i) [the statewide bicycle36advisory council, (ii)] the [New York state] department of transporta- 37 tion regional bicycle coordinator[, (iii)]; (ii) local bicycle planning 38 groups[,]; and [(iv)] (iii) persons, organizations, and groups served 39 by, interested in, or concerned with the area under study. 40 (b) Request and receive from any department, division, board, bureau, 41 commission or other agency of the state or any political subdivision 42 thereof or any public authority, any assistance and data as may be 43 necessary to enable the office of general services to carry out its 44 responsibilities under this section. 45 [(c) On or before the first day of January, nineteen hundred eighty-46nine, a report shall be submitted to the governor and the legislature47which shall include a determination of usage levels, a statement outlin-48ing first year progress and the elements of a statewide plan for the49provision of such facilities.] 50 5. Nothing in this section shall be construed to require the state or 51 the owner, lessee, manager or other person who is in control of a build- 52 ing governed by this section to provide space for stored bicycles at 53 such building or brought into such building or to permit a bicycle to be 54 parked in a manner that violates building or fire codes or any other 55 applicable law, rule or code, or which otherwise impedes ingress or 56 egress to such building.A. 5037 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 foodA. 5037 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; andA. 5037 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. 5037 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 (c) of section 3239 of the insurance law, as amended 13 by chapter 180 of the laws of 2016, is amended to read as follows: 14 (c)(1) A wellness program may use rewards and incentives for partic- 15 ipation provided that where the group health insurance policy or 16 subscriber contract is required to be community-rated, the rewards and 17 incentives shall not include a discounted premium rate or a rebate or 18 refund of premium, except as provided in section three thousand two 19 hundred thirty-one of this article, or section four thousand two hundred 20 thirty-five, four thousand three hundred seventeen or four thousand 21 three hundred twenty-six of this chapter, or section forty-four hundred 22 five of the public health law. 23 (2) Permissible rewards and incentives may include: 24 (A) full or partial reimbursement of the cost of participating in 25 smoking cessation, weight management, stress and/or hypertension, worker 26 injury prevention, nutrition education, substance or alcohol abuse 27 cessation, or chronic pain management and coping programs; 28 (B) full or partial reimbursement of the cost of membership in a 29 health club or fitness center; 30 (C) the waiver or reduction of copayments, coinsurance and deductibles 31 for preventive services covered under the group policy or subscriber 32 contract; 33 (D) monetary rewards in the form of gift cards or gift certificates, 34 so long as the recipient of the reward is encouraged to use the reward 35 for a product or a service that promotes good health, such as healthy 36 cook books, over the counter vitamins or exercise equipment; 37 (E) full or partial reimbursement of the cost of participating in a 38 stress management program or activity; and 39 (F) full or partial reimbursement of the cost of participating in a 40 health or fitness program. 41 (3) Where the reward involves a group member's meeting a specified 42 standard based on a health condition, the wellness program must meet the 43 requirements of 45 CFR Part 146. 44 (4) A reward or incentive which involves a discounted premium rate or 45 a rebate or refund of premium shall be based on actuarial demonstration 46 that the wellness program can reasonably be expected to result in the 47 overall good health and well being of the group as provided in section 48 three thousand two hundred thirty-one of this article, sections four 49 thousand two hundred thirty-five, four thousand three hundred seventeen 50 and four thousand three hundred twenty-six of this chapter, and section 51 forty-four hundred five of the public health law. 52 § 4. Subsection (h) of section 4235 of the insurance law is amended by 53 adding a new paragraph 5 to read as follows: 54 (5) Each insurer doing business in this state, when filing with the 55 superintendent its schedules of premium rates, rules and classification 56 of risks for use in connection with the issuance of its policies ofA. 5037 22 1 group accident, group health or group accident and health insurance, may 2 provide for an actuarially appropriate reduction in premium rates or 3 other benefits or enhancements approved by the superintendent to encour- 4 age an enrollee's or insured's active participation in a qualified well- 5 ness program. A qualified wellness program can be a risk management 6 system that identifies at-risk populations or any other systematic 7 program or course of medical conduct which helps to promote physical and 8 mental fitness, health and well-being, helps to prevent or mitigate the 9 conditions of acute or chronic sickness, disease or pain, or which mini- 10 mizes adverse health consequences due to lifestyle. Such a wellness 11 program may have some or all of the following elements to advance the 12 physical health and mental well-being of its participants: 13 (A) an education program to increase the awareness of and dissem- 14 ination of information about pursuing healthier lifestyles, and which 15 warns about risks of pursuing environmental or behavioral activities 16 that are detrimental to human health. In addition, information on the 17 availability of health screening tests to assist in the early identifi- 18 cation and treatment of diseases such as cancer, heart disease, hyper- 19 tension, diabetes, asthma, obesity or other adverse health afflictions; 20 (B) a program that encourages behavioral practices that either encour- 21 ages healthy living activities or discourages unhealthy living activ- 22 ities. Such activities or practices may include wellness programs, as 23 provided under section three thousand two hundred thirty-nine of this 24 chapter; and 25 (C) the monitoring of the progress of each covered person to track his 26 or her adherence to such wellness program and to provide assistance and 27 moral support to such covered person to assist him or her to attain the 28 goals of the covered person's wellness program. 29 Such wellness program shall demonstrate actuarially that it encourages 30 the general good health and well-being of the covered population. The 31 insurer or health maintenance organization shall not require specific 32 outcomes as a result of an enrollee's or insured's adherence to the 33 approved wellness program. 34 § 5. Section 4317 of the insurance law is amended by adding a new 35 subsection (c-1) to read as follows: 36 (c-1) Subject to the approval of the superintendent, an insurer or 37 health maintenance organization issuing an individual or group health 38 insurance contract pursuant to this section may provide for an actuari- 39 ally appropriate reduction in premium rates or other benefits or 40 enhancements approved by the superintendent to encourage an enrollee's 41 or insured's active participation in a qualified wellness program. A 42 qualified wellness program can be a risk management system that identi- 43 fies at-risk populations or any other systematic program or course of 44 medical conduct which helps to promote physical and mental fitness, 45 health and well-being, helps to prevent or mitigate the conditions of 46 acute or chronic sickness, disease or pain, or which minimizes adverse 47 health consequences due to lifestyle. Such a wellness program may have 48 some or all of the following elements to advance the physical health and 49 mental well-being of its participants: 50 (1) an education program to increase the awareness of and dissem- 51 ination of information about pursuing healthier lifestyles, and which 52 warns about risks of pursuing environmental or behavioral activities 53 that are detrimental to human health. In addition, information on the 54 availability of health screening tests to assist in the early identifi- 55 cation and treatment of diseases such as cancer, heart disease, hyper- 56 tension, diabetes, asthma, obesity or other adverse health afflictions;A. 5037 23 1 (2) a program that encourages behavioral practices that either encour- 2 ages healthy living activities or discourages unhealthy living activ- 3 ities. Such activities or practices may include wellness programs, as 4 provided under section three thousand two hundred thirty-nine of this 5 chapter; and 6 (3) the monitoring of the progress of each covered person to track his 7 or her adherence to such wellness program and to provide assistance and 8 moral support to such covered person to assist him or her to attain the 9 goals of the covered person's wellness program. 10 Such wellness program shall demonstrate actuarially that it encourages 11 the general good health and well-being of the covered population. The 12 insurer or health maintenance organization shall not require specific 13 outcomes as a result of an enrollee's or insured's adherence to the 14 approved wellness program. 15 § 6. Subsection (m) of section 4326 of the insurance law is amended by 16 adding a new paragraph 4 to read as follows: 17 (4) approval of the superintendent, an insurer or health maintenance 18 organization issuing a contract for qualifying small employers or indi- 19 viduals pursuant to this section may provide for an actuarially appro- 20 priate reduction in premium rates or other benefits or enhancements 21 approved by the superintendent to encourage an enrollee's or insured's 22 active participation in a qualified wellness program. A qualified well- 23 ness program can be a risk management system that identifies at-risk 24 populations or any other systematic program or course of medical conduct 25 which helps to promote physical and mental fitness, health and well-be- 26 ing, helps to prevent or mitigate the conditions of acute or chronic 27 sickness, disease or pain, or which minimizes adverse health conse- 28 quences due to lifestyle. Such a wellness program may have some or all 29 of the following elements to advance the physical health and mental 30 well-being of its participants: 31 (1) an education program to increase the awareness of and dissem- 32 ination of information about pursuing healthier lifestyles, and which 33 warns about risks of pursuing environmental or behavioral activities 34 that are detrimental to human health. In addition, information on the 35 availability of health screening tests to assist in the early identifi- 36 cation and treatment of diseases such as cancer, heart disease, hyper- 37 tension, diabetes, asthma, obesity or other adverse health afflictions; 38 (2) a program that encourages behavioral practices that either encour- 39 ages healthy living activities or discourages unhealthy living activ- 40 ities. Such activities or practices may include wellness programs, as 41 provided under section three thousand two hundred thirty-nine of this 42 chapter; and 43 (3) the monitoring of the progress of each covered person to track his 44 or her adherence to such wellness program and to provide assistance and 45 moral support to such covered person to assist him or her to attain the 46 goals of the covered person's wellness program. 47 Such wellness program shall demonstrate actuarially that it encourages 48 the general good health and well-being of the covered population. The 49 insurer or health maintenance organization shall not require specific 50 outcomes as a result of an enrollee's or insured's adherence to the 51 approved wellness program. 52 § 7. Section 4405 of the public health law is amended by adding a new 53 subdivision 5-a to read as follows: 54 5-a. subject to the approval of the superintendent of financial 55 services, the possible providing of an actuarially appropriate reduction 56 in premium rates or other benefits or enhancements approved by theA. 5037 24 1 superintendent of financial services to encourage an enrollee's active 2 participation in a qualified wellness program. A qualified wellness 3 program can be a risk management system that identifies at-risk popu- 4 lations or any other systematic program or course of medical conduct 5 which helps to promote physical and mental fitness, health and well-be- 6 ing, helps to prevent or mitigate the conditions of acute or chronic 7 sickness, disease or pain, or which minimizes adverse health conse- 8 quences due to lifestyle. Such a wellness program may have some or all 9 of the following elements to advance the physical health and mental 10 well-being of its participants: 11 (1) an education program to increase the awareness of and dissem- 12 ination of information about pursuing healthier lifestyles, and which 13 warns about risks of pursuing environmental or behavioral activities 14 that are detrimental to human health. In addition, information on the 15 availability of health screening tests to assist in the early identifi- 16 cation and treatment of diseases such as cancer, heart disease, hyper- 17 tension, diabetes, asthma, obesity or other adverse health afflictions; 18 (2) a program that encourages behavioral practices that either encour- 19 ages healthy living activities or discourages unhealthy living activ- 20 ities. Such activities or practices may include wellness programs, as 21 provided under section three thousand two hundred thirty-nine of the 22 insurance law; and 23 (3) the monitoring of the progress of each covered person to track his 24 or her adherence to such wellness program and to provide assistance and 25 moral support to such covered person to assist him or her to attain the 26 goals of the covered person's wellness program. 27 Such wellness program shall demonstrate actuarially that it encourages 28 the general good health and well-being of the covered population. The 29 health maintenance organization shall not require specific outcomes as a 30 result of an enrollee's adherence to the approved wellness program; 31 § 8. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law, except that section three of this act shall 33 take effect on the same date and in the same manner as chapter 180 of 34 the laws of 2016 takes effect; provided that, effective immediately any 35 rules and regulations necessary to implement the provisions of this act 36 on its effective date are authorized and directed to be added, amended 37 and/or repealed on or before such date. 38 § 3. Severability clause. If any clause, sentence, paragraph, subdi- 39 vision, section or part of this act shall be adjudged by any court of 40 competent jurisdiction to be invalid, such judgment shall not affect, 41 impair, or invalidate the remainder thereof, but shall be confined in 42 its operation to the clause, sentence, paragraph, subdivision, section 43 or part thereof directly involved in the controversy in which such judg- 44 ment shall have been rendered. It is hereby declared to be the intent of 45 the legislature that this act would have been enacted even if such 46 invalid provisions had not been included herein. 47 § 4. This act shall take effect immediately provided, however, that 48 the applicable effective date of Parts A through P of this act shall be 49 as specifically set forth in the last section of such Parts.
