Bill Text: NY A05037 | 2017-2018 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5037--A 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Agriculture -- recommitted to the Committee on Agriculture in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 state finance law, in relation to establishing the obesity and respir- atory disease research and education fund (Part H); to amend the social services law, in relation to child day care facilities (Part I); to amend the education law, in relation to use of school facili- ties by not-for-profit and charitable organizations for after-school programs (Part J); to amend the education law, in relation to screen- ing for childhood obesity (Part K); to amend the education law, in relation to instruction in good health and reducing the incidence of obesity (Part L); to amend the public buildings law, in relation to bicycle access to public office buildings (Part M); to amend the insurance law and the public health law, in relation to making actuar- ially appropriate reductions in health insurance premiums in return for an enrollee's or insured's participation in a qualified wellness program (Part N); to amend the agriculture and markets law, in relation to expanding the production of fresh fruits and vegetables by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08212-06-7A. 5037--A 2 community gardens (Part O); to amend the general city law, the town law, the village law, the general municipal law and the highway law, in relation to directing the state and municipalities to develop more and safer bike lanes and multiple use trails so as to encourage more physical activity and to reduce carbon emissions (Part P); to amend the parks, recreation and historic preservation law, in relation to directing the office of parks, recreation and historic preservation to develop more and safer multiple use trails in state parks in and throughout the state (Part Q); and to amend the agriculture and markets law, in relation to the expansion of regional farmers' markets (Part R) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "omnibus obesity and respiratory illness reduction act". 3 § 2. This act enacts into law major components of legislation which 4 combat the incidence of adult and child obesity and respiratory 5 diseases, and encourage the production and consumption of fresh fruits 6 and vegetables. Each component is wholly contained within a Part identi- 7 fied as Parts A through R. 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 a new paragraph (w) to read as follows: 18 (w) (i) For purposes of this paragraph, the following definitions 19 shall apply: 20 (A) "Food service facility" means a food service establishment, as 21 defined in the state sanitary code, that operates under common ownership 22 or control with at least twenty-five other food service establishments 23 with the same name in the state that offer for sale substantially the 24 same menu items, or operates as a franchised outlet of a parent company 25 with at least twenty-five other franchised outlets with the same name in 26 the state that offer for sale substantially the same menu items. 27 (B) "Nutritional information" may include the following, per standard 28 menu item, as that item is usually prepared and offered for sale: 29 (I) Total number of calories. 30 (II) Total number of grams of carbohydrates. 31 (III) Total number of grams of saturated fat. 32 (IV) Total number of milligrams of sodium. 33 (C) "Point of sale" means the location where a customer places an 34 order. 35 (D) In calculating nutritional information, a food service facility 36 may use any reasonable means recognized by the federal food and drug 37 administration to determine nutritional information for a standard menuA. 5037--A 3 1 item, as usually prepared and offered for sale including, but not limit- 2 ed to, nutrient databases and laboratory analyses. 3 (ii) The commissioner may establish a voluntary artificial trans fat 4 reduction program. Such program may consist of, but shall not be limited 5 to, the following components: (A) a public information dissemination 6 program to inform the public of the health risks associated with the 7 overconsumption of artificial trans fats, and (B) suggested food prepa- 8 ration methods that can be followed by food service establishments and 9 the general public to reduce or eliminate the use of artificial trans 10 fats. 11 (iii)(A) By rule or regulation, may require every food service facili- 12 ty to disclose the nutritional information required by clause (B) of 13 this subparagraph. 14 (B) A food service facility, by rule or regulation, may be required to 15 disclose the nutritional information in a clear and conspicuous manner 16 at the point of sale prior to or during the placement of an order. 17 § 2. This act shall take effect one year after it shall have become a 18 law, provided that, effective immediately, any rules and regulations 19 necessary to implement the provisions of this act on its effective date 20 are authorized and directed to be completed on or before such date. 21 PART B 22 Section 1. The public health law is amended by adding a new article 23 13-I to read as follows: 24 ARTICLE 13-I 25 IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION 26 Section 1399-xx. In-utero exposure prevention. 27 1399-yy. Programs. 28 § 1399-xx. In-utero exposure prevention. 1. Every appropriate health 29 care provider and pregnancy program is encouraged to distribute informa- 30 tion on the adverse effects of smoking during pregnancy for both first- 31 hand and secondhand smoke. Such adverse effects to the infant include 32 lower birth rates, higher incidence of asthma and obesity, and cognitive 33 and developmental damage. 34 2. Every health care provider shall monitor expectant mothers' smoking 35 statuses and offer continuous tailored discussion of quitting smoking 36 with expectant mothers during their prenatal care. 37 § 1399-yy. Programs. The following programs shall be added to existing 38 tobacco control programs for pregnant women or to other pregnancy 39 related programs: 40 1. Carbon monoxide monitoring; 41 2. Depression, social support and domestic violence screening and 42 referrals; 43 3. Referrals for smoking cessation for household members; 44 4. Ongoing support by counseling and educational materials; and 45 5. Financial incentives such as diaper coupons for quitting for more 46 than four weeks. 47 § 2. This act shall take effect on the one hundred eightieth day after 48 it shall have become a law. Provided, that effective immediately the 49 commissioner of health is authorized and directed to promulgate any and 50 all rules and regulations, and take any other measures necessary to 51 implement the provisions of this act on its effective date. 52 PART CA. 5037--A 4 1 Section 1. Subdivisions 2 and 4 of section 2111 of the public health 2 law, as added by section 21 of part C of chapter 58 of the laws of 2004, 3 are amended to read as follows: 4 2. The department shall establish the criteria by which individuals 5 will be identified as eligible for enrollment in the demonstration 6 programs. Persons eligible for enrollment in the disease management 7 demonstration program shall be limited to individuals who: receive 8 medical assistance pursuant to title eleven of article five of the 9 social services law and may be eligible for benefits pursuant to title 10 18 of the social security act (Medicare); are not enrolled in a Medicaid 11 managed care plan, including individuals who are not required or not 12 eligible to participate in Medicaid managed care programs pursuant to 13 section three hundred sixty-four-j of the social services law; are diag- 14 nosed with chronic health problems as may be specified by the entity 15 undertaking the demonstration program, including, but not limited to one 16 or more of the following: congestive heart failure, chronic obstructive 17 pulmonary disease, asthma, chronic bronchitis, other chronic respiratory 18 diseases, diabetes, adult and childhood obesity, or other chronic health 19 conditions as may be specified by the department; or have experienced or 20 are likely to experience one or more hospitalizations or are otherwise 21 expected to incur excessive costs and high utilization of health care 22 services. 23 4. The demonstration program shall offer evidence-based services and 24 interventions designed to ensure that the enrollees receive high quali- 25 ty, preventative and cost-effective care, aimed at reducing the necessi- 26 ty for hospitalization or emergency room care or at reducing lengths of 27 stay when hospitalization is necessary. The demonstration program may 28 include screening of eligible enrollees, developing an individualized 29 care management plan for each enrollee and implementing that plan. 30 Disease management demonstration programs that utilize information tech- 31 nology systems that allow for continuous application of evidence-based 32 guidelines to medical assistance claims data and other available data to 33 identify specific instances in which clinical interventions are justi- 34 fied and communicate indicated interventions to physicians, health care 35 providers and/or patients, and monitor physician and health care provid- 36 er response to such interventions, shall have the enrollees, or groups 37 of enrollees, approved by the department for participation. The services 38 provided by the demonstration program as part of the care management 39 plan may include, but are not limited to, case management, social work, 40 individualized health counselors, multi-behavioral goals plans, claims 41 data management, health and self-care education, drug therapy management 42 and oversight, personal emergency response systems and other monitoring 43 technologies, systematic chronic health conditions identified for moni- 44 toring, telehealth services and similar services designed to improve the 45 quality and cost-effectiveness of health care services. 46 § 2. This act shall take effect immediately. 47 PART D 48 Section 1. Paragraphs (a) and (g) of subdivision 2 of section 2599-b 49 of the public health law, as amended by section 1 of part A of chapter 50 469 of the laws of 2015, are amended to read as follows: 51 (a) developing media health promotion campaigns, in coordination with 52 the public information provided pursuant to section twenty-five 53 hundred-l of this article, targeted to children and adolescents and 54 their parents and caregivers that emphasize increasing consumption ofA. 5037--A 5 1 low-calorie, high-nutrient foods, decreasing consumption of high-calo- 2 rie, low-nutrient foods and increasing physical activity designed to 3 prevent or reduce obesity; 4 (g) developing screening programs, in accordance with section twenty- 5 five hundred-l of this article, in coordination with health care provid- 6 ers and institutions including but not limited to day care centers and 7 schools for overweight and obesity for children aged two through eigh- 8 teen years, using body mass index (BMI) appropriate for age and gender, 9 and notification, in a manner protecting the confidentiality of such 10 children and their families, of parents of BMI status, and explanation 11 of the consequences of such status, including recommended actions 12 parents may need to take and information about resources and referrals 13 available to families to enhance nutrition and physical activity to 14 reduce and prevent obesity; and 15 § 2. This act shall take effect immediately. 16 PART E 17 Section 1. Section 263 of the public health law, as added by chapter 18 538 of the laws of 2002, is amended to read as follows: 19 § 263. Department authorized to study obesity - report. 1. The depart- 20 ment is authorized to sample and collect data on individual cases where 21 obesity is being actively treated and data collected pursuant to section 22 twenty-five hundred-l of this chapter, and to analyze such data in order 23 to evaluate the impact of treating obesity. Such data collection and 24 analysis shall include the following: 25 a. The effectiveness of existing methods for treating or preventing 26 obesity; 27 b. The effectiveness of alternate methods for treating or preventing 28 obesity; 29 c. The fiscal impact of treating or preventing obesity; 30 d. The compliance and cooperation of patients with various methods of 31 treating or preventing obesity; or 32 e. The reduction in serious medical problems associated with diabetes 33 that results from treating or preventing obesity. 34 2. The department is authorized to fund the research authorized in 35 subdivision one of this section and section twenty-five hundred-l of 36 this chapter from gifts, grants, and donations from individuals, private 37 organizations, foundations, or any governmental unit; except that no 38 gift, grant, or donation may be accepted by the department if it is 39 subject to conditions that are inconsistent with this title or any other 40 laws of this state. The department shall have the power to direct the 41 disposition of any such gift, grant, or donation for the purposes of 42 this title. 43 3. After completion of the research authorized in subdivision one of 44 this section, the department shall submit a report and supporting mate- 45 rials to the governor and the legislature by June first of the following 46 year and update such report every three years. 47 § 2. This act shall take effect immediately. 48 PART F 49 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section 50 2411 of the public health law, as amended by section 5 of part A of 51 chapter 60 of the laws of 2014, are amended to read as follows:A. 5037--A 6 1 (a) Survey state agencies, boards, programs and other state govern- 2 mental entities to assess what, if any, relevant data has been or is 3 being collected which may be of use to researchers engaged in breast 4 cancer research, or adult and childhood obesity, asthma, chronic bron- 5 chitis or other chronic respiratory disease research; 6 (b) Consistent with the survey conducted pursuant to paragraph (a) of 7 this subdivision, compile a list of data collected by state agencies 8 which may be of assistance to researchers engaged in breast cancer 9 research as established in section twenty-four hundred twelve of this 10 title, and adult and childhood obesity, asthma, chronic bronchitis or 11 other chronic respiratory disease research; 12 (c) Consult with the Centers for Disease Control and Prevention, the 13 National Institutes of Health, the Federal Agency For Health Care Policy 14 and Research, the National Academy of Sciences and other organizations 15 or entities which may be involved in cancer research to solicit both 16 information regarding breast cancer research projects, and adult and 17 childhood obesity, asthma, chronic bronchitis or other chronic respir- 18 atory disease research projects that are currently being conducted and 19 recommendations for future research projects; 20 § 2. The public health law is amended by adding a new section 2500-l 21 to read as follows: 22 § 2500-l. Childhood obesity prevention and screening. 1. Legislative 23 declaration. The legislature hereby finds, determines and declares that 24 obesity, particularly childhood obesity, is a serious medical problem 25 and that the high incidence of such condition needs to be curtailed to 26 improve the overall health of the general public and to help reduce the 27 cost of providing health care in this state. Provided further, that the 28 legislature hereby reaffirms the legislative intent contained in section 29 two hundred sixty-one of this chapter concerning obesity. 30 2. The commissioner may establish, for use by pediatric primary care 31 providers and hospitals, best practice protocols for the early screen- 32 ing, identification and treatment of children who have low birth weights 33 or may become susceptible to contracting asthma or manifest to have 34 childhood obesity conditions. Such protocols shall incorporate standards 35 and guidelines established by the American Academy of Pediatricians, the 36 federal department of agriculture, the federal department of health and 37 human services, the surgeon general, and the centers for disease control 38 and prevention. 39 3. The department, in order to support quality care in all hospitals 40 with obstetric services and for all pediatric primary care providers, is 41 authorized to provide non-patient specific information for all births at 42 each affiliate hospital in each regional perinatal center's network to 43 the regional perinatal center and the affiliate, except that such infor- 44 mation shall include zip code and a unique identifier, such as medical 45 record number. 46 4. The information when received by the department shall be used sole- 47 ly for the purpose of improving quality of care and shall not be subject 48 to release under article six of the public officers law, and where 49 applicable, shall be subject to the confidentiality provisions of 50 section twenty-eight hundred five-m of this chapter, except that the 51 release of birth certificate information shall be subject to section 52 forty-one hundred seventy-four of this chapter. 53 5. The commissioner may release information collected through the 54 statewide perinatal data system, pursuant to section twenty-five 55 hundred-h of this title and corresponding information related to asthma, 56 childhood obesity or underweight babies to his or her designees, includ-A. 5037--A 7 1 ing persons or entities under contract with the department to review 2 quality of care issues, as related to the provisions of this section, 3 and to conduct quality improvement initiatives as needed to monitor, 4 evaluate and improve patient care and outcomes. Such designee or person 5 or entity under contract with the department to review quality of care 6 issues shall maintain the confidentiality of all such information and 7 shall use it only to improve quality of care, as approved by the depart- 8 ment, and to implement the provisions of title five of article two of 9 this chapter, as added by chapter five hundred thirty-eight of the laws 10 of two thousand two. 11 6. The department may produce and distribute educational materials on 12 childhood obesity and asthma risks and precautions. Such materials may 13 be made available to child care centers, pediatricians and nursery, 14 elementary and secondary schools for distribution to persons in parental 15 relation to children, and to hospitals, birthing centers and other 16 appropriate health care providers for distribution to maternity 17 patients. In addition, such materials may be provided to health care 18 professionals engaged in the care and treatment of children for distrib- 19 ution to such children and persons in parental relation. The department 20 may also provide information on childhood obesity and asthma risks and 21 precautions on the department's internet website. No provision of this 22 subdivision shall be deemed to prohibit the utilization and distribution 23 of educational materials relating thereto produced by any public, 24 private or governmental entity, in lieu of the department's production 25 of such materials. 26 7. The department shall periodically review available data on obesity 27 and asthma in children and update the information on childhood obesity 28 and asthma risks and precautionary measures provided in its educational 29 materials and on its internet website, as appropriate. 30 § 3. This act shall take effect immediately. 31 PART G 32 Section 1. The education law is amended by adding a new section 923 33 to read as follows: 34 § 923. Use of nebulizer. 1. Every school district and board of cooper- 35 ative educational services in this state may maintain one or more nebu- 36 lizers in the office of the school nurse or in a similar accessible 37 location. 38 2. The commissioner, in consultation with the commissioner of health, 39 may promulgate regulations for the administration of asthma medication 40 through the use of a nebulizer by the school nurse or person authorized 41 by regulation. The regulations may include: 42 a. a requirement that each certified nurse or other person authorized 43 to administer asthma medication in schools receive training in airway 44 management and in the use of nebulizers and inhalers consistent with 45 nationally recognized standards; and 46 b. a requirement that each pupil authorized to use asthma medication 47 pursuant to section nine hundred sixteen of this article or a nebulizer 48 have an asthma treatment plan prepared by the physician of the pupil, 49 which identify, at a minimum, asthma triggers, the treatment plan, and 50 such other elements as shall be determined by the regents. 51 § 2. This act shall take effect on the one hundred eightieth day after 52 it shall have become a law; provided, however, that effective immediate- 53 ly the commissioner of education is authorized to promulgate rules andA. 5037--A 8 1 regulations necessary for the implementation of this act on such effec- 2 tive date. 3 PART H 4 Section 1. The state finance law is amended by adding a new section 5 91-g to read as follows: 6 § 91-g. Obesity and respiratory disease research and education fund. 7 1. There is hereby established in the joint custody of the commissioner 8 of taxation and finance and the comptroller, a special fund to be known 9 as the "obesity and respiratory disease research and education fund". 10 2. Such fund shall consist of all revenue received pursuant to an 11 appropriation thereto, and all other moneys appropriated, credited or 12 transferred thereto from any other fund or source pursuant to law. 13 Nothing in this section shall be deemed to prevent the state from 14 receiving grants, gifts or bequests for the purposes of the fund and 15 depositing them into the fund according to law. 16 3. Monies of the fund shall be expended only for adult and childhood 17 obesity, asthma, chronic bronchitis or other chronic respiratory disease 18 research and educational projects conducted pursuant to sections twen- 19 ty-four hundred eleven, twenty-five hundred and twenty-five hundred-l of 20 the public health law. 21 4. Monies shall be payable from the fund on the audit and warrant of 22 the comptroller on vouchers approved or certified by the commissioner of 23 health. 24 § 2. This act shall take effect immediately. 25 PART I 26 Section 1. Paragraph (a) of subdivision 2-a of section 390 of the 27 social services law, as added by chapter 416 of the laws of 2000, is 28 amended to read as follows: 29 (a) The office of children and family services shall promulgate regu- 30 lations which establish minimum quality program requirements for 31 licensed and registered child day care homes, programs and facilities. 32 Such requirements shall include but not be limited to (i) the need for 33 age appropriate activities, materials and equipment to promote cogni- 34 tive, educational, social, cultural, physical, emotional, language and 35 recreational development of children in care in a safe, healthy and 36 caring environment (ii) principles of childhood development (iii) appro- 37 priate staff/child ratios for family day care homes, group family day 38 care homes, school age day care programs and day care centers, provided 39 however that such staff/child ratios shall not be less stringent than 40 applicable staff/child ratios as set forth in part four hundred four- 41 teen, four hundred sixteen, four hundred seventeen or four hundred eigh- 42 teen of title eighteen of the New York code of rules and regulations as 43 of January first, two thousand (iv) appropriate levels of supervision of 44 children in care (v) appropriate levels of physical activity and nutri- 45 tional offerings to encourage healthy eating and living habits to help 46 lower the incidence of childhood obesity and to promote overall wellness 47 (vi) minimum standards for sanitation, health, infection control, nutri- 48 tion, buildings and equipment, safety, security procedures, first aid, 49 fire prevention, fire safety, evacuation plans and drills, prevention of 50 child abuse and maltreatment, staff qualifications and training, record 51 keeping, and child behavior management.A. 5037--A 9 1 § 2. Section 390-a of the social services law is amended by adding a 2 new subdivision 6 to read as follows: 3 6. No family day care home, group family day care home, school age 4 child care program or child day care center shall discourage activities 5 related to breast feeding a child or feeding a child who is fed with 6 expressed breast milk. 7 § 3. This act shall take effect on the first of January next succeed- 8 ing the date on which it shall have become a law; provided that, effec- 9 tive immediately, any rules and regulations necessary to implement the 10 provisions of this act on its effective date are authorized and directed 11 to be completed on or before such date. 12 PART J 13 Section 1. Subdivision 1 of section 414 of the education law is 14 amended by adding a new paragraph (l) to read as follows: 15 (l) For bona fide after-school programs operated by a not-for-profit 16 or charitable organization. Such programs shall present some form of 17 educational instruction or academic material, or promote physical educa- 18 tion. 19 § 2. Subdivision 2 of section 414 of the education law, as amended by 20 chapter 513 of the laws of 2005, is amended to read as follows: 21 2. The trustees or board of education shall determine the terms and 22 conditions for such use which may include rental at least in an amount 23 sufficient to cover all resulting expenses for the purposes of para- 24 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one 25 of this section. For the purposes of paragraph (1) of subdivision one of 26 this section, the trustees or board of education may provide that either 27 no fee or a minimal fee be imposed upon the not-for-profit or charitable 28 organization. Any such use, pursuant to [paragraphs] paragraph (a), (c), 29 (d), (h) [and], (j) or (l) of subdivision one of this section, shall not 30 allow the exclusion of any district child solely because said child is 31 not attending a district school or not attending the district school 32 which is sponsoring such use or on which grounds the use is to occur. 33 § 3. Subdivision 27 of section 2590-h of the education law, as amended 34 by chapter 345 of the laws of 2009, is amended to read as follows: 35 27. Promulgate regulations, in conjunction with each community super- 36 intendent, establishing a plan for providing access to school facilities 37 in each community school district, when not in use for school purposes, 38 in accordance with the provisions of section four hundred fourteen of 39 this chapter. Such plan shall set forth a reasonable system of fees not 40 to exceed the actual costs and specify that no part of any fee shall 41 directly or indirectly benefit or be deposited into an account which 42 inures to the benefit of the custodians or custodial engineers. 43 Notwithstanding any other provision of law, rule or regulation to the 44 contrary, such plan may provide that either no fee or a minimal fee 45 shall be charged for the use of school facilities by a not-for-profit or 46 charitable organization. The use of such facilities shall only be for 47 bona fide after-school programs that present some form of educational 48 instruction or academic material, or promote physical education. 49 § 4. Subdivision 27 of section 2590-h of the education law, as amended 50 by chapter 720 of the laws of 1996, is amended to read as follows: 51 27. Develop, in conjunction with each community superintendent, a plan 52 for providing access to school facilities in each community school 53 district, when not in use for school purposes, in accordance with the 54 provisions of section four hundred fourteen of this chapter. Such planA. 5037--A 10 1 shall set forth a reasonable system of fees not to exceed the actual 2 costs and specify that no part of any fee shall directly or indirectly 3 benefit or be deposited into an account which inures to the benefit of 4 the custodians or custodial engineers. Notwithstanding any other 5 provision of law, rule or regulation to the contrary, such plan may 6 provide that either no fee or a minimal fee shall be charged for the use 7 of school facilities by a not-for-profit or charitable organization. The 8 use of such facilities shall only be for bona fide after-school programs 9 that present some form of educational instruction or academic material, 10 or promote physical education. 11 § 5. This act shall take effect on the one hundred eightieth day after 12 it shall have become a law; provided that the amendments to subdivision 13 27 of section 2590-h of the education law, made by section three of this 14 act, shall be subject to the expiration and reversion of such section, 15 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of 16 2009, as amended, when upon such date the provisions of section four of 17 this act shall take effect. 18 PART K 19 Section 1. Section 901 of the education law, as amended by chapter 477 20 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1 21 of chapter 58 of the laws of 2006, is amended to read as follows: 22 § 901. School health services to be provided. 1. School health 23 services, as defined in subdivision two of this section, shall be 24 provided by each school district for all students attending the public 25 schools in this state, except in the city school district of the city of 26 New York, as provided in this article. School health services shall 27 include the services of a registered professional nurse, if one is 28 employed, and shall also include such services as may be rendered as 29 provided in this article in examining students for the existence of 30 disease or disability, or may include services related to examining for 31 childhood obesity based upon the calculation of each student's body mass 32 index and weight status category pursuant to section nine hundred four 33 of this article, and in testing the eyes and ears of such students. 34 2. School health services for the purposes of this article shall mean 35 the several procedures, including, but not limited to, medical examina- 36 tions, dental inspection and/or screening, scoliosis screening, vision 37 screening [and], audiometer tests, and childhood obesity as measured by 38 body mass index and weight status category, designed to determine the 39 health status of the child; to inform parents or other persons in 40 parental relation to the child, pupils and teachers of the individual 41 child's health condition subject to federal and state confidentiality 42 laws; to guide parents, children and teachers in procedures for prevent- 43 ing and correcting defects [and], diseases and childhood obesity condi- 44 tions; to instruct the school personnel in procedures to take in case of 45 accident or illness; to survey and make necessary recommendations 46 concerning the health and safety aspects of school facilities and the 47 provision of health information. 48 § 2. Section 912 of the education law, as amended by chapter 477 of 49 the laws of 2004, is amended to read as follows: 50 § 912. Health and welfare services to all children. The voters and/or 51 trustees or board of education of every school district shall, upon 52 request of the authorities of a school other than public, provide resi- 53 dent children who attend such school with any or all of the health and 54 welfare services and facilities which are made available by such votersA. 5037--A 11 1 and/or trustees or board of education to or for children attending the 2 public schools of the district. Such services may include, but are not 3 limited to all services performed by a physician, physician assistant, 4 dentist, dental hygienist, registered professional nurse, nurse practi- 5 tioner, school psychologist, school social worker or school speech ther- 6 apist, and may also include dental prophylaxis, vision and hearing 7 screening examinations, childhood obesity screening, the taking of 8 medical histories and the administration of health screening tests, the 9 maintenance of cumulative health records and the administration of emer- 10 gency care programs for ill or injured students. Any such services or 11 facilities shall be so provided notwithstanding any provision of any 12 charter or other provision of law inconsistent herewith. Where children 13 residing in one school district attend a school other than public 14 located in another school district, the school authorities of the 15 district of residence shall contract with the school authorities of the 16 district where such nonpublic school is located, for the provision of 17 such health and welfare services and facilities to such children by the 18 school district where such nonpublic school is located, for a consider- 19 ation to be agreed upon between the school authorities of such 20 districts, subject to the approval of the qualified voters of the 21 district of residence when required under the provisions of this chap- 22 ter. Every such contract shall be in writing and in the form prescribed 23 by the commissioner, and before such contract is executed the same shall 24 be submitted for approval to the superintendent of schools having juris- 25 diction over such district of residence and such contract shall not 26 become effective until approved by such superintendent. 27 § 3. This act shall take effect immediately. 28 PART L 29 Section 1. Subdivisions 1 and 5 of section 803 of the education law, 30 as amended by chapter 118 of the laws of 1957, are amended to read as 31 follows: 32 1. All pupils above the age of eight years in all elementary and 33 secondary schools, shall receive as part of the prescribed courses of 34 instruction therein such physical education under the direction of the 35 commissioner [of education] as the regents may determine. Such courses 36 shall be designed to aid in the well-rounded education of pupils and in 37 the development of character, citizenship, overall physical fitness, 38 good health [and], the worthy use of leisure and the reduction in the 39 incidence of childhood obesity. Pupils above such age attending the 40 public schools shall be required to attend upon such prescribed courses 41 of instruction. 42 5. (a) It shall be the duty of the regents to adopt rules determining 43 the subjects to be included in courses of physical education provided 44 for in this section, the period of instruction in each of such courses, 45 the qualifications of teachers, and the attendance upon such courses of 46 instruction. 47 (b) Notwithstanding any other provision of this section, the regents 48 may provide in its rules that the physical education instruction 49 requirement for all students enrolled in elementary and secondary school 50 grades shall, where feasible, include daily physical exercise or activ- 51 ity, including students with disabling conditions and those in alterna- 52 tive education programs. The regents may include in its rules that 53 students enrolled in such elementary and secondary schools shall partic- 54 ipate in physical education, exercise or activity for a minimum of sixtyA. 5037--A 12 1 minutes during each school week. The regents may provide for a two-year 2 phase-in schedule for daily physical education in elementary schools in 3 its rules. 4 § 2. The section heading and subdivisions 1 and 2 of section 804 of 5 the education law, the section heading and subdivision 2 as amended by 6 chapter 390 of the laws of 2016 and subdivision 1 as amended by chapter 7 1 of the laws of 2017, are amended and a new subdivision 5-a is added to 8 read as follows: 9 Health education regarding mental health, alcohol, drugs, tobacco 10 abuse, the reduction of the incidence of obesity and the prevention and 11 detection of certain cancers. 1. All schools shall ensure that their 12 health, science and physical education programs recognize the multiple 13 dimensions of health by including mental health and the relation of 14 physical and mental health so as to enhance student understanding, atti- 15 tudes and behaviors that promote health, well-being and human dignity. 16 2. All schools shall include, as an integral part of health, science 17 or physical education, instruction so as to discourage the misuse and 18 abuse of alcohol, tobacco and other drugs, to reduce the incidence of 19 obesity and promote attitudes and behavior that enhance health, well 20 being, and human dignity. 21 5-a. Instruction regarding the long term health risks associated with 22 obesity and methods of preventing and reducing the incidence of obesity, 23 including good nutrition and regular exercise. Such instruction may be 24 an integral part of required health, science, or physical education 25 courses. 26 § 3. Subdivision 1 of section 804-a of the education law, as added by 27 chapter 730 of the laws of 1986, is amended to read as follows: 28 1. Within the amounts appropriated, the commissioner is hereby 29 authorized to establish a demonstration program and to distribute state 30 funds to local school districts, boards of cooperative educational 31 services and in certain instances community school districts, for the 32 development, implementation, evaluation, validation, demonstration and 33 replication of exemplary comprehensive health education programs to 34 assist the public schools in developing curricula, training staff, and 35 addressing local health education needs of students, parents, and staff. 36 Such programs shall serve the purpose of developing and enhancing 37 pupils' health knowledge, skills, attitudes and behaviors, which is 38 fundamental to improving their health status and academic performance, 39 as well as reducing the incidence of adolescent pregnancy, alcohol 40 abuse, tobacco abuse, truancy, suicide, substance abuse, obesity, asth- 41 ma, other chronic respiratory diseases, and other problems of childhood 42 and adolescence. 43 § 4. Section 813 of the education law, as added by chapter 296 of the 44 laws of 1994, is amended to read as follows: 45 § 813. School lunch period; scheduling. Each school shall schedule a 46 reasonable time during each school day for each full day pupil attending 47 pre-kindergarten through grade twelve with ample time to consume lunch 48 and to engage in physical exercise or recreation. 49 § 5. This act shall take effect immediately, except that section two 50 of this act shall take effect on the same date and in the same manner as 51 chapter 390 of the laws of 2016, takes effect. 52 PART MA. 5037--A 13 1 Section 1. Section 11 of the public buildings law, as added by chapter 2 819 of the laws of 1987 and subdivision 2 as amended by chapter 126 of 3 the laws of 1988, is amended to read as follows: 4 § 11. Pilot program of bicycle parking facilities. 1. Legislative 5 finding. In recognition of the role which bicycles can serve as a valu- 6 able transportation mode with energy conservation, health, physical 7 fitness and environmental benefits, it is hereby declared to be the 8 policy of the state that provision for adequate and safe bicycle facili- 9 ties including the use of present facilities for safe and secure bicycle 10 parking and storage be included in the planning [and], development, 11 construction or reconstruction of all state facilities. 12 2. (a) The commissioner of general services shall undertake a [pilot] 13 program for the provision and promotion of safe and secure bicycle park- 14 ing facilities at state office buildings for state employees and visi- 15 tors at such buildings. The commissioner[, within one year of the enact-16ment of this section,] of general services shall provide, at the 17 principal office buildings under his or her superintendence at the 18 Nelson A. Rockefeller Empire State Plaza in Albany[, New York], secure 19 bicycle parking facilities for use by employees and visitors. Provided, 20 further, that the commissioner of general services shall make an inven- 21 tory of all existing bicycle parking and storage facilities at all state 22 office buildings and office buildings in which the state leases or occu- 23 pies space. Such inventory shall be made only of state owned or leased 24 buildings or offices which have over fifty state employees located at 25 such site or in which the visitation rate by the general public is over 26 five hundred visitors, on average, each month. Such inventory of bicycle 27 parking and storage facilities shall be completed within two years of 28 the effective date of the chapter of the laws of two thousand seventeen 29 which amended this section. 30 (b) The commissioner of general services is also authorized, within a 31 reasonable period and where feasible, to provide suitable support facil- 32 ities including clothing lockers, showers and changing facilities, and 33 to charge a reasonable use fee. 34 (c) For the purpose of this section, the term "bicycle parking facili- 35 ty" means a device or enclosure, located within a building or installa- 36 tion, or conveniently adjacent thereto, that is easily accessible, 37 clearly visible and so located as to minimize the danger of theft of 38 bicycles. Such a device shall consist of a parking rack, locker, or 39 other device constructed to enable the frame and both wheels of a bicy- 40 cle to be secured with ease by use of a padlock in a manner that will 41 minimize the risk of theft, or an enclosure which limits access to the 42 bicycles and is under observation by an attendant. 43 3. Upon completion of a state office building bicycle parking and 44 storage facilities inventory provided for in paragraph (a) of subdivi- 45 sion two of this section, the commissioner of general services shall 46 develop a plan to expand bicycle parking and storage facilities to 47 encourage the use of such facilities by state employees and the general 48 public that patronize such facilities to conduct public business. Such 49 plan shall be completed within eighteen months after finalization of the 50 parking and storage facilities inventory. Such plan shall contain and 51 address the following elements to encourage state employees and the 52 general public to use bicycles more frequently at each state office 53 building facility or leased premise: 54 (a) The inventory of bicycle parking and storage facilities shall be 55 ranked from highest to lowest based on the existing unfulfilled demand 56 for such facilities at state office buildings. Such ranking shall alsoA. 5037--A 14 1 consider increased future demand or the potential for increased future 2 demand of such parking and storage facilities; 3 (b) In urban settings, there shall be a plan to develop, where practi- 4 cable, an ample supply of secure covered and uncovered off-street bicy- 5 cle parking and storage or alternate indoor parking or storage for such 6 bicycles; 7 (c) Adequate posting of such bicycle parking and storage facilities 8 shall be provided for and placed around such state office building 9 facility to encourage utilization of such parking and storage facilities 10 by state employees and the general public; 11 (d) A marketing plan and community outreach effort shall provide for 12 the dissemination of information to state employees, visitors to state 13 office buildings, and to the general public to encourage individuals to 14 use bicycles when traveling to such buildings or facilities; and 15 (e) The commissioner of general services shall include and address any 16 other element in the plan as he or she deems appropriate. 17 4. In undertaking such [pilot] program, the office of general services 18 shall: (a) Consult with and cooperate with (i) [the statewide bicycle19advisory council, (ii)] the [New York state] department of transporta- 20 tion regional bicycle coordinator[, (iii)]; (ii) local bicycle planning 21 groups[,]; and [(iv)] (iii) persons, organizations, and groups served 22 by, interested in, or concerned with the area under study. 23 (b) Request and receive from any department, division, board, bureau, 24 commission or other agency of the state or any political subdivision 25 thereof or any public authority, any assistance and data as may be 26 necessary to enable the office of general services to carry out its 27 responsibilities under this section. 28 [(c) On or before the first day of January, nineteen hundred eighty-29nine, a report shall be submitted to the governor and the legislature30which shall include a determination of usage levels, a statement outlin-31ing first year progress and the elements of a statewide plan for the32provision of such facilities.] 33 5. Nothing in this section shall be construed to require the state or 34 the owner, lessee, manager or other person who is in control of a build- 35 ing governed by this section to provide space for stored bicycles at 36 such building or brought into such building or to permit a bicycle to be 37 parked in a manner that violates building or fire codes or any other 38 applicable law, rule or code, or which otherwise impedes ingress or 39 egress to such building. 40 6. There is hereby established a temporary bicycle commuting task 41 force to examine the development of suitable levels of bicycle parking 42 in public spaces. 43 (a) Such task force shall be comprised of eleven members, including 44 the commissioner of general services, the commissioner of transporta- 45 tion, the commissioner of motor vehicles, the commissioner of buildings 46 of the city of New York and the commissioner of parks, recreation and 47 historic preservation or a designee of any such commissioners. The 48 remaining six members shall consist of a group of municipal planners, 49 bicycle association representatives, building contractors and engineers. 50 They shall be appointed as follows: two members shall be appointed by 51 the temporary president of the senate; one member shall be appointed by 52 the minority leader of the senate; two members shall be appointed by the 53 speaker of the assembly; and one member shall be appointed by the minor- 54 ity leader of the assembly. 55 (b) The chair of the temporary bicycle commuting task force shall be 56 the commissioner of general services. Members of the temporary bicycleA. 5037--A 15 1 commuting task force shall serve without compensation and shall meet 2 when deemed necessary by the chair. 3 (c) Within eighteen months of the temporary bicycle commuting task 4 force's establishment, such task force shall issue a report to the 5 governor and the legislature. Such report shall include, but not be 6 limited to (i) an assessment of the demand for bicycle parking in public 7 spaces; (ii) an examination of the marketing and community outreach 8 efforts needed to encourage the use of bicycles; (iii) recommendations 9 on establishing partnerships with entities to develop bicycle storage 10 and parking facilities in public spaces; and (iv) suggestions on expand- 11 ing the office of general services to local municipal and private office 12 buildings. Such report shall be posted on the website of each state 13 agency that was a member of such task force within twenty days from its 14 submission to the governor. The temporary bicycle commuting task force 15 shall cease to exist three months after the issuance of its report. 16 § 2. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law. 18 PART N 19 Section 1. Section 3231 of the insurance law, as added by chapter 501 20 of the laws of 1992, is amended by adding a new subsection (c-1) to read 21 as follows: 22 (c-1) Subject to the approval of the superintendent, an insurer or 23 health maintenance organization issuing an individual or group health 24 insurance policy pursuant to this section may provide for an actuarially 25 appropriate reduction in premium rates or other benefits or enhancements 26 approved by the superintendent to encourage an enrollee's or insured's 27 active participation in a qualified wellness program. A qualified well- 28 ness program can be a risk management system that identifies at-risk 29 populations or any other systematic program or course of medical conduct 30 which helps to promote physical and mental fitness, health and well-be- 31 ing, helps to prevent or mitigate the conditions of acute or chronic 32 sickness, disease or pain, or which minimizes adverse health conse- 33 quences due to lifestyle. Such a wellness program may have some or all 34 of the following elements to advance the physical health and mental 35 well-being of its participants: 36 (1) an education program to increase the awareness of and dissem- 37 ination of information about pursuing healthier lifestyles, and which 38 warns about risks of pursuing environmental or behavioral activities 39 that are detrimental to human health. In addition, information on the 40 availability of health screening tests to assist in the early identifi- 41 cation and treatment of diseases such as cancer, heart disease, hyper- 42 tension, diabetes, asthma, obesity or other adverse health afflictions; 43 (2) a program that encourages behavioral practices that either encour- 44 ages healthy living activities or discourages unhealthy living activ- 45 ities. Such activities or practices may include wellness programs, as 46 provided under section three thousand two hundred thirty-nine of this 47 article; and 48 (3) the monitoring of the progress of each covered person to track his 49 or her adherence to such wellness program and to provide assistance and 50 moral support to such covered person to assist him or her to attain the 51 goals of the covered person's wellness program. 52 Such wellness program shall demonstrate actuarially that it encourages 53 the general good health and well-being of the covered population. The 54 insurer or health maintenance organization shall not require specificA. 5037--A 16 1 outcomes as a result of an enrollee's or insured's adherence to the 2 approved wellness program. 3 § 2. Subsection (c) of section 3239 of the insurance law, as amended 4 by chapter 180 of the laws of 2016, is amended to read as follows: 5 (c)(1) A wellness program may use rewards and incentives for partic- 6 ipation provided that where the group health insurance policy or 7 subscriber contract is required to be community-rated, the rewards and 8 incentives shall not include a discounted premium rate or a rebate or 9 refund of premium, except as provided in section three thousand two 10 hundred thirty-one of this article, or section four thousand two hundred 11 thirty-five, four thousand three hundred seventeen or four thousand 12 three hundred twenty-six of this chapter, or section forty-four hundred 13 five of the public health law. 14 (2) Permissible rewards and incentives may include: 15 (A) full or partial reimbursement of the cost of participating in 16 smoking cessation, weight management, stress and/or hypertension, worker 17 injury prevention, nutrition education, substance or alcohol abuse 18 cessation, or chronic pain management and coping programs; 19 (B) full or partial reimbursement of the cost of membership in a 20 health club or fitness center; 21 (C) the waiver or reduction of copayments, coinsurance and deductibles 22 for preventive services covered under the group policy or subscriber 23 contract; 24 (D) monetary rewards in the form of gift cards or gift certificates, 25 so long as the recipient of the reward is encouraged to use the reward 26 for a product or a service that promotes good health, such as healthy 27 cook books, over the counter vitamins or exercise equipment; 28 (E) full or partial reimbursement of the cost of participating in a 29 stress management program or activity; and 30 (F) full or partial reimbursement of the cost of participating in a 31 health or fitness program. 32 (3) Where the reward involves a group member's meeting a specified 33 standard based on a health condition, the wellness program must meet the 34 requirements of 45 CFR Part 146. 35 (4) A reward or incentive which involves a discounted premium rate or 36 a rebate or refund of premium shall be based on actuarial demonstration 37 that the wellness program can reasonably be expected to result in the 38 overall good health and well being of the group as provided in section 39 three thousand two hundred thirty-one of this article, sections four 40 thousand two hundred thirty-five, four thousand three hundred seventeen 41 and four thousand three hundred twenty-six of this chapter, and section 42 forty-four hundred five of the public health law. 43 § 3. Subsection (h) of section 4235 of the insurance law is amended by 44 adding a new paragraph 5 to read as follows: 45 (5) Each insurer doing business in this state, when filing with the 46 superintendent its schedules of premium rates, rules and classification 47 of risks for use in connection with the issuance of its policies of 48 group accident, group health or group accident and health insurance, may 49 provide for an actuarially appropriate reduction in premium rates or 50 other benefits or enhancements approved by the superintendent to encour- 51 age an enrollee's or insured's active participation in a qualified well- 52 ness program. A qualified wellness program can be a risk management 53 system that identifies at-risk populations or any other systematic 54 program or course of medical conduct which helps to promote physical and 55 mental fitness, health and well-being, helps to prevent or mitigate the 56 conditions of acute or chronic sickness, disease or pain, or which mini-A. 5037--A 17 1 mizes adverse health consequences due to lifestyle. Such a wellness 2 program may have some or all of the following elements to advance the 3 physical health and mental well-being of its participants: 4 (A) an education program to increase the awareness of and dissem- 5 ination of information about pursuing healthier lifestyles, and which 6 warns about risks of pursuing environmental or behavioral activities 7 that are detrimental to human health. In addition, information on the 8 availability of health screening tests to assist in the early identifi- 9 cation and treatment of diseases such as cancer, heart disease, hyper- 10 tension, diabetes, asthma, obesity or other adverse health afflictions; 11 (B) a program that encourages behavioral practices that either encour- 12 ages healthy living activities or discourages unhealthy living activ- 13 ities. Such activities or practices may include wellness programs, as 14 provided under section three thousand two hundred thirty-nine of this 15 chapter; and 16 (C) the monitoring of the progress of each covered person to track his 17 or her adherence to such wellness program and to provide assistance and 18 moral support to such covered person to assist him or her to attain the 19 goals of the covered person's wellness program. 20 Such wellness program shall demonstrate actuarially that it encourages 21 the general good health and well-being of the covered population. The 22 insurer or health maintenance organization shall not require specific 23 outcomes as a result of an enrollee's or insured's adherence to the 24 approved wellness program. 25 § 4. Section 4317 of the insurance law is amended by adding a new 26 subsection (c-1) to read as follows: 27 (c-1) Subject to the approval of the superintendent, an insurer or 28 health maintenance organization issuing an individual or group health 29 insurance contract pursuant to this section may provide for an actuari- 30 ally appropriate reduction in premium rates or other benefits or 31 enhancements approved by the superintendent to encourage an enrollee's 32 or insured's active participation in a qualified wellness program. A 33 qualified wellness program can be a risk management system that identi- 34 fies at-risk populations or any other systematic program or course of 35 medical conduct which helps to promote physical and mental fitness, 36 health and well-being, helps to prevent or mitigate the conditions of 37 acute or chronic sickness, disease or pain, or which minimizes adverse 38 health consequences due to lifestyle. Such a wellness program may have 39 some or all of the following elements to advance the physical health and 40 mental well-being of its participants: 41 (1) an education program to increase the awareness of and dissem- 42 ination of information about pursuing healthier lifestyles, and which 43 warns about risks of pursuing environmental or behavioral activities 44 that are detrimental to human health. In addition, information on the 45 availability of health screening tests to assist in the early identifi- 46 cation and treatment of diseases such as cancer, heart disease, hyper- 47 tension, diabetes, asthma, obesity or other adverse health afflictions; 48 (2) a program that encourages behavioral practices that either encour- 49 ages healthy living activities or discourages unhealthy living activ- 50 ities. Such activities or practices may include wellness programs, as 51 provided under section three thousand two hundred thirty-nine of this 52 chapter; and 53 (3) the monitoring of the progress of each covered person to track his 54 or her adherence to such wellness program and to provide assistance and 55 moral support to such covered person to assist him or her to attain the 56 goals of the covered person's wellness program.A. 5037--A 18 1 Such wellness program shall demonstrate actuarially that it encourages 2 the general good health and well-being of the covered population. The 3 insurer or health maintenance organization shall not require specific 4 outcomes as a result of an enrollee's or insured's adherence to the 5 approved wellness program. 6 § 5. Subsection (m) of section 4326 of the insurance law is amended by 7 adding a new paragraph 4 to read as follows: 8 (4) approval of the superintendent, an insurer or health maintenance 9 organization issuing a contract for qualifying small employers or indi- 10 viduals pursuant to this section may provide for an actuarially appro- 11 priate reduction in premium rates or other benefits or enhancements 12 approved by the superintendent to encourage an enrollee's or insured's 13 active participation in a qualified wellness program. A qualified well- 14 ness program can be a risk management system that identifies at-risk 15 populations or any other systematic program or course of medical conduct 16 which helps to promote physical and mental fitness, health and well-be- 17 ing, helps to prevent or mitigate the conditions of acute or chronic 18 sickness, disease or pain, or which minimizes adverse health conse- 19 quences due to lifestyle. Such a wellness program may have some or all 20 of the following elements to advance the physical health and mental 21 well-being of its participants: 22 (i) an education program to increase the awareness of and dissem- 23 ination of information about pursuing healthier lifestyles, and which 24 warns about risks of pursuing environmental or behavioral activities 25 that are detrimental to human health. In addition, information on the 26 availability of health screening tests to assist in the early identifi- 27 cation and treatment of diseases such as cancer, heart disease, hyper- 28 tension, diabetes, asthma, obesity or other adverse health afflictions; 29 (ii) a program that encourages behavioral practices that either 30 encourages healthy living activities or discourages unhealthy living 31 activities. Such activities or practices may include wellness programs, 32 as provided under section three thousand two hundred thirty-nine of this 33 chapter; and 34 (iii) the monitoring of the progress of each covered person to track 35 his or her adherence to such wellness program and to provide assistance 36 and moral support to such covered person to assist him or her to attain 37 the goals of the covered person's wellness program. 38 Such wellness program shall demonstrate actuarially that it encourages 39 the general good health and well-being of the covered population. The 40 insurer or health maintenance organization shall not require specific 41 outcomes as a result of an enrollee's or insured's adherence to the 42 approved wellness program. 43 § 6. Section 4405 of the public health law is amended by adding a new 44 subdivision 5-a to read as follows: 45 5-a. subject to the approval of the superintendent of financial 46 services, the possible providing of an actuarially appropriate reduction 47 in premium rates or other benefits or enhancements approved by the 48 superintendent of financial services to encourage an enrollee's active 49 participation in a qualified wellness program. A qualified wellness 50 program can be a risk management system that identifies at-risk popu- 51 lations or any other systematic program or course of medical conduct 52 which helps to promote physical and mental fitness, health and well-be- 53 ing, helps to prevent or mitigate the conditions of acute or chronic 54 sickness, disease or pain, or which minimizes adverse health conse- 55 quences due to lifestyle. Such a wellness program may have some or allA. 5037--A 19 1 of the following elements to advance the physical health and mental 2 well-being of its participants: 3 (1) an education program to increase the awareness of and dissem- 4 ination of information about pursuing healthier lifestyles, and which 5 warns about risks of pursuing environmental or behavioral activities 6 that are detrimental to human health. In addition, information on the 7 availability of health screening tests to assist in the early identifi- 8 cation and treatment of diseases such as cancer, heart disease, hyper- 9 tension, diabetes, asthma, obesity or other adverse health afflictions; 10 (2) a program that encourages behavioral practices that either encour- 11 ages healthy living activities or discourages unhealthy living activ- 12 ities. Such activities or practices may include wellness programs, as 13 provided under section three thousand two hundred thirty-nine of the 14 insurance law; and 15 (3) the monitoring of the progress of each covered person to track his 16 or her adherence to such wellness program and to provide assistance and 17 moral support to such covered person to assist him or her to attain the 18 goals of the covered person's wellness program. 19 Such wellness program shall demonstrate actuarially that it encourages 20 the general good health and well-being of the covered population. The 21 health maintenance organization shall not require specific outcomes as a 22 result of an enrollee's adherence to the approved wellness program; 23 § 7. This act shall take effect on the one hundred eightieth day after 24 it shall have become a law; provided that, effective immediately any 25 rules and regulations necessary to implement the provisions of this act 26 on its effective date are authorized and directed to be added, amended 27 and/or repealed on or before such date. 28 PART O 29 Section 1. Section 31-f of the agriculture and markets law, as added 30 by chapter 528 of the laws of 2013, is amended to read as follows: 31 § 31-f. Legislative findings. The legislature hereby finds and 32 declares that community gardens provide significant health, educational 33 and social benefits to the general public, especially for those who 34 reside in urban and suburban areas of this state. Furthermore, it is the 35 articulated public policy of this state to promote and foster growth in 36 the number of community gardens and the acreage of such gardens. The 37 community garden movement continues to provide low cost food that is 38 fresh and nutritious for those who may be unable to readily afford or 39 have easy access to fresh fruits and vegetables for themselves or their 40 families, promotes public health and healthier individual lifestyles by 41 encouraging better eating habits and increased physical activity by 42 growing their own food, fosters the retention and expansion of open 43 spaces, particularly in urban environments, enhances urban and suburban 44 environmental quality and community beautification, provides inexpensive 45 community building activities, recreation and physical exercise for all 46 age groups, establishes a safe place for community involvement and helps 47 to reduce the incidence of crime, engenders a closer relationship 48 between urban residents, nature and their local environment, and fosters 49 green job training and ecological education at all levels. It is there- 50 fore the intent of the legislature and the purpose of this article to 51 foster growth in the number, size and scope of community gardens in this 52 state by encouraging state agencies, municipalities and private parties 53 in their efforts to promote community gardens.A. 5037--A 20 1 § 2. Paragraph f of subdivision 2 of section 31-h of the agriculture 2 and markets law, as added by chapter 528 of the laws of 2013, is amended 3 to read as follows: 4 f. Assist, support and encourage communication, and the sharing of 5 resources between community garden organizations, the department of 6 health, the department of state, the division of housing and community 7 renewal and the New York Harvest For New York Kids Week program estab- 8 lished by the department pursuant to subdivision five-b of section 9 sixteen of this chapter, and individual farm-to-school and school garden 10 programs. 11 § 3. Paragraph (a) of subdivision 4 of section 31-j of the agriculture 12 and markets law, as amended by chapter 154 of the laws of 2015, is 13 amended to read as follows: 14 (a) The goals of the task force may include, but are not limited to, 15 the study, evaluation and development of recommendations: (i) to encour- 16 age the establishment and expansion of community gardens by state agen- 17 cies, municipal governments and private parties, (ii) to encourage coop- 18 eration between the activities and operations of community gardens and 19 provision of donated food to local voluntary food assistance programs 20 for the poor and disadvantaged, (iii) to increase the benefits that 21 community gardens may provide to the local community in which they are 22 located, [and] (iv) to encourage cooperation with community-based organ- 23 izations to increase the opportunities for seniors, those aged sixty 24 years of age or older, to participate in community gardens, and (v) to 25 encourage the expansion of the production of fresh fruits and vegetables 26 in areas served by community gardens so that such fresh produce can be 27 consumed locally to help encourage healthier life styles and wellness, 28 and to help reduce the incidence of adult and childhood obesity. 29 § 4. This act shall take effect immediately. 30 PART P 31 Section 1. Subdivision 4 of section 28-a of the general city law is 32 amended by adding a new paragraph (j-1) to read as follows: 33 (j-1) Specific policies and strategies to develop more and safer bike 34 lanes and multiple use trails so as to encourage more physical activity 35 and reduce carbon emissions. 36 § 2. Subdivision 3 of section 272-a of the town law is amended by 37 adding a new paragraph (j-1) to read as follows: 38 (j-1) Specific policies and strategies to develop more and safer bike 39 lanes and multiple use trails so as to encourage more physical activity 40 and reduce carbon emissions. 41 § 3. Subdivision 3 of section 7-722 of the village law is amended by 42 adding a new paragraph (j-1) to read as follows: 43 (j-1) Specific policies and strategies to develop more and safer bike 44 lanes and multiple use trails so as to encourage more physical activity 45 and reduce carbon emissions. 46 § 4. Subdivision 1 of section 239-d of the general municipal law is 47 amended by adding a new paragraph (j-1) to read as follows: 48 (j-1) Specific policies and strategies to develop more and safer bike 49 lanes and multiple use trails so as to encourage more physical activity 50 and reduce carbon emissions. 51 § 5. Subdivision (b) of section 331 of the highway law, as added by 52 chapter 398 of the laws of 2011, is amended to read as follows: 53 (b) Complete street design features are roadway design features that 54 accommodate and facilitate convenient access and mobility by all users,A. 5037--A 21 1 including current and projected users, particularly pedestrians, bicy- 2 clists and individuals of all ages and abilities engaged in physical 3 activity. These features may include, but need not be limited to: side- 4 walks, paved shoulders suitable for use by bicyclists and pedestrians, 5 lane striping, bicycle lanes, multiple use trails, share the road 6 signage, crosswalks, road diets, pedestrian control signalization, bus 7 pull outs, curb cuts, raised crosswalks and ramps and traffic calming 8 measures; and recognize that the needs of users of the road network vary 9 according to a rural, urban and suburban context. 10 § 6. This act shall take effect immediately. 11 PART Q 12 Section 1. Subdivision 10 of section 3.09 of the parks, recreation and 13 historic preservation law is amended to read as follows: 14 10. Encourage, promote and provide recreational opportunities for 15 residents of urban as well as suburban and rural areas, which may 16 include, but not be limited to, the development of more and safer multi- 17 ple use trails in state parks and throughout the state so as to encour- 18 age more physical activity. 19 § 2. This act shall take effect immediately. 20 PART R 21 Section 1. Section 284 of the agriculture and markets law is amended 22 by adding a new subdivision 10 to read as follows: 23 10. Development and facilitation of the establishment of regional 24 farmers' markets to promote the direct marketing of farm and food 25 products on a wholesale or bulk sales basis to large volume purchasers 26 of farm and food products. Such regional farmers' markets should be, 27 whenever possible, located in areas that have poor consumer access to 28 high quality and reasonably priced food and farm products or food 29 deserts; or which would sell to or cater to the needs of retailers or 30 bulk purchasers of food and farm products that are located in areas that 31 have poor consumer access to high quality and reasonably priced food and 32 farm products or food deserts. The department is authorized to work in 33 cooperation with the New York state urban development corporation for 34 the purposes of this subdivision and section sixteen-m of the New York 35 state urban development corporation act. 36 § 2. This act shall take effect immediately. 37 § 3. Severability clause. If any clause, sentence, paragraph, subdi- 38 vision, section or part of this act shall be adjudged by any court of 39 competent jurisdiction to be invalid, such judgment shall not affect, 40 impair, or invalidate the remainder thereof, but shall be confined in 41 its operation to the clause, sentence, paragraph, subdivision, section 42 or part thereof directly involved in the controversy in which such judg- 43 ment shall have been rendered. It is hereby declared to be the intent of 44 the legislature that this act would have been enacted even if such 45 invalid provisions had not been included herein. 46 § 4. This act shall take effect immediately provided, however, that 47 the applicable effective date of Parts A through R of this act shall be 48 as specifically set forth in the last section of such Parts.
