Bill Text: NY A05322 | 2019-2020 | General Assembly | Introduced
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 6-0)
Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A05322 Detail]
Download: New_York-2019-A05322-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5322 2019-2020 Regular Sessions IN ASSEMBLY February 8, 2019 ___________ 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 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08888-01-9A. 5322 2 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 menu 38 item, as usually prepared and offered for sale including, but not limit- 39 ed to, nutrient databases and laboratory analyses. 40 (ii) The commissioner may establish a voluntary artificial trans fat 41 reduction program. Such program may consist of, but shall not be limitedA. 5322 3 1 to, the following components: (A) a public information dissemination 2 program to inform the public of the health risks associated with the 3 overconsumption of artificial trans fats, and (B) suggested food prepa- 4 ration methods that can be followed by food service establishments and 5 the general public to reduce or eliminate the use of artificial trans 6 fats. 7 (iii)(A) By rule or regulation, may require every food service facili- 8 ty to disclose the nutritional information required by clause (B) of 9 this subparagraph. 10 (B) A food service facility, by rule or regulation, may be required to 11 disclose the nutritional information in a clear and conspicuous manner 12 at the point of sale prior to or during the placement of an order. 13 § 2. This act shall take effect one year after it shall have become a 14 law. Effective immediately the addition, amendment and/or repeal of any 15 rule or regulation necessary for the implementation of this act on its 16 effective date are authorized to be made and completed on or before such 17 date. 18 PART B 19 Section 1. The public health law is amended by adding a new article 20 13-I to read as follows: 21 ARTICLE 13-I 22 IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION 23 Section 1399-xx. In-utero exposure prevention. 24 1399-yy. Programs. 25 § 1399-xx. In-utero exposure prevention. 1. Every appropriate health 26 care provider and pregnancy program is encouraged to distribute informa- 27 tion on the adverse effects of smoking during pregnancy for both first- 28 hand and secondhand smoke. Such adverse effects to the infant include 29 lower birth rates, higher incidence of asthma and obesity, and cognitive 30 and developmental damage. 31 2. Every health care provider shall monitor expectant mothers' smoking 32 statuses and offer continuous tailored discussion of quitting smoking 33 with expectant mothers during their prenatal care. 34 § 1399-yy. Programs. The following programs shall be added to existing 35 tobacco control programs for pregnant women or to other pregnancy 36 related programs: 37 1. Carbon monoxide monitoring; 38 2. Depression, social support and domestic violence screening and 39 referrals; 40 3. Referrals for smoking cessation for household members; 41 4. Ongoing support by counseling and educational materials; and 42 5. Financial incentives such as diaper coupons for quitting for more 43 than four weeks. 44 § 2. This act shall take effect on the one hundred eightieth day after 45 it shall have become a law. Effective immediately the addition, amend- 46 ment and/or repeal of any rule or regulation necessary for the implemen- 47 tation of this act on its effective date are authorized to be made and 48 completed on or before such date. 49 PART C 50 Section 1. Subdivisions 2 and 4 of section 2111 of the public health 51 law, as added by section 21 of part C of chapter 58 of the laws of 2004, 52 are amended to read as follows:A. 5322 4 1 2. The department shall establish the criteria by which individuals 2 will be identified as eligible for enrollment in the demonstration 3 programs. Persons eligible for enrollment in the disease management 4 demonstration program shall be limited to individuals who: receive 5 medical assistance pursuant to title eleven of article five of the 6 social services law and may be eligible for benefits pursuant to title 7 18 of the social security act (Medicare); are not enrolled in a Medicaid 8 managed care plan, including individuals who are not required or not 9 eligible to participate in Medicaid managed care programs pursuant to 10 section three hundred sixty-four-j of the social services law; are diag- 11 nosed with chronic health problems as may be specified by the entity 12 undertaking the demonstration program, including, but not limited to one 13 or more of the following: congestive heart failure, chronic obstructive 14 pulmonary disease, asthma, chronic bronchitis, other chronic respiratory 15 diseases, diabetes, adult and childhood obesity, or other chronic health 16 conditions as may be specified by the department; or have experienced or 17 are likely to experience one or more hospitalizations or are otherwise 18 expected to incur excessive costs and high utilization of health care 19 services. 20 4. The demonstration program shall offer evidence-based services and 21 interventions designed to ensure that the enrollees receive high quali- 22 ty, preventative and cost-effective care, aimed at reducing the necessi- 23 ty for hospitalization or emergency room care or at reducing lengths of 24 stay when hospitalization is necessary. The demonstration program may 25 include screening of eligible enrollees, developing an individualized 26 care management plan for each enrollee and implementing that plan. 27 Disease management demonstration programs that utilize information tech- 28 nology systems that allow for continuous application of evidence-based 29 guidelines to medical assistance claims data and other available data to 30 identify specific instances in which clinical interventions are justi- 31 fied and communicate indicated interventions to physicians, health care 32 providers and/or patients, and monitor physician and health care provid- 33 er response to such interventions, shall have the enrollees, or groups 34 of enrollees, approved by the department for participation. The services 35 provided by the demonstration program as part of the care management 36 plan may include, but are not limited to, case management, social work, 37 individualized health counselors, multi-behavioral goals plans, claims 38 data management, health and self-care education, drug therapy management 39 and oversight, personal emergency response systems and other monitoring 40 technologies, systematic chronic health conditions identified for moni- 41 toring, telehealth services and similar services designed to improve the 42 quality and cost-effectiveness of health care services. 43 § 2. This act shall take effect immediately. 44 PART D 45 Section 1. Paragraphs (a) and (g) of subdivision 2 of section 2599-b 46 of the public health law, as amended by section 1 of part A of chapter 47 469 of the laws of 2015, are amended to read as follows: 48 (a) developing media health promotion campaigns, in coordination with 49 the public information provided pursuant to section twenty-five 50 hundred-l of this article, targeted to children and adolescents and 51 their parents and caregivers that emphasize increasing consumption of 52 low-calorie, high-nutrient foods, decreasing consumption of high-calo- 53 rie, low-nutrient foods and increasing physical activity designed to 54 prevent or reduce obesity;A. 5322 5 1 (g) developing screening programs, in accordance with section twenty- 2 five hundred-l of this article, in coordination with health care provid- 3 ers and institutions including but not limited to day care centers and 4 schools for overweight and obesity for children aged two through eigh- 5 teen years, using body mass index (BMI) appropriate for age and gender, 6 and notification, in a manner protecting the confidentiality of such 7 children and their families, of parents of BMI status, and explanation 8 of the consequences of such status, including recommended actions 9 parents may need to take and information about resources and referrals 10 available to families to enhance nutrition and physical activity to 11 reduce and prevent obesity; and 12 § 2. This act shall take effect immediately. 13 PART E 14 Section 1. Section 263 of the public health law, as added by chapter 15 538 of the laws of 2002, is amended to read as follows: 16 § 263. Department authorized to study obesity - report. 1. The depart- 17 ment is authorized to sample and collect data on individual cases where 18 obesity is being actively treated and data collected pursuant to section 19 twenty-five hundred-l of this chapter, and to analyze such data in order 20 to evaluate the impact of treating obesity. Such data collection and 21 analysis shall include the following: 22 a. The effectiveness of existing methods for treating or preventing 23 obesity; 24 b. The effectiveness of alternate methods for treating or preventing 25 obesity; 26 c. The fiscal impact of treating or preventing obesity; 27 d. The compliance and cooperation of patients with various methods of 28 treating or preventing obesity; or 29 e. The reduction in serious medical problems associated with diabetes 30 that results from treating or preventing obesity. 31 2. The department is authorized to fund the research authorized in 32 subdivision one of this section and section twenty-five hundred-l of 33 this chapter from gifts, grants, and donations from individuals, private 34 organizations, foundations, or any governmental unit; except that no 35 gift, grant, or donation may be accepted by the department if it is 36 subject to conditions that are inconsistent with this title or any other 37 laws of this state. The department shall have the power to direct the 38 disposition of any such gift, grant, or donation for the purposes of 39 this title. 40 3. After completion of the research authorized in subdivision one of 41 this section, the department shall submit a report and supporting mate- 42 rials to the governor and the legislature by June first of the following 43 year and update such report every three years. 44 § 2. This act shall take effect immediately. 45 PART F 46 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section 47 2411 of the public health law, as amended by section 5 of part A of 48 chapter 60 of the laws of 2014, are amended to read as follows: 49 (a) Survey state agencies, boards, programs and other state govern- 50 mental entities to assess what, if any, relevant data has been or is 51 being collected which may be of use to researchers engaged in breastA. 5322 6 1 cancer research, or adult and childhood obesity, asthma, chronic bron- 2 chitis or other chronic respiratory disease research; 3 (b) Consistent with the survey conducted pursuant to paragraph (a) of 4 this subdivision, compile a list of data collected by state agencies 5 which may be of assistance to researchers engaged in breast cancer 6 research as established in section twenty-four hundred twelve of this 7 title, and adult and childhood obesity, asthma, chronic bronchitis or 8 other chronic respiratory disease research; 9 (c) Consult with the Centers for Disease Control and Prevention, the 10 National Institutes of Health, the Federal Agency For Health Care Policy 11 and Research, the National Academy of Sciences and other organizations 12 or entities which may be involved in cancer research to solicit both 13 information regarding breast cancer research projects, and adult and 14 childhood obesity, asthma, chronic bronchitis or other chronic respir- 15 atory disease research projects that are currently being conducted and 16 recommendations for future research projects; 17 § 2. The public health law is amended by adding a new section 2500-l 18 to read as follows: 19 § 2500-l. Childhood obesity prevention and screening. 1. Legislative 20 declaration. The legislature hereby finds, determines and declares that 21 obesity, particularly childhood obesity, is a serious medical problem 22 and that the high incidence of such condition needs to be curtailed to 23 improve the overall health of the general public and to help reduce the 24 cost of providing health care in this state. Provided further, that the 25 legislature hereby reaffirms the legislative intent contained in section 26 two hundred sixty-one of this chapter concerning obesity. 27 2. The commissioner may establish, for use by pediatric primary care 28 providers and hospitals, best practice protocols for the early screen- 29 ing, identification and treatment of children who have low birth weights 30 or may become susceptible to contracting asthma or manifest to have 31 childhood obesity conditions. Such protocols shall incorporate standards 32 and guidelines established by the American Academy of Pediatricians, the 33 federal department of agriculture, the federal department of health and 34 human services, the surgeon general, and the centers for disease control 35 and prevention. 36 3. The department, in order to support quality care in all hospitals 37 with obstetric services and for all pediatric primary care providers, is 38 authorized to provide non-patient specific information for all births at 39 each affiliate hospital in each regional perinatal center's network to 40 the regional perinatal center and the affiliate, except that such infor- 41 mation shall include zip code and a unique identifier, such as medical 42 record number. 43 4. The information when received by the department shall be used sole- 44 ly for the purpose of improving quality of care and shall not be subject 45 to release under article six of the public officers law, and where 46 applicable, shall be subject to the confidentiality provisions of 47 section twenty-eight hundred five-m of this chapter, except that the 48 release of birth certificate information shall be subject to section 49 forty-one hundred seventy-four of this chapter. 50 5. The commissioner may release information collected through the 51 statewide perinatal data system, pursuant to section twenty-five 52 hundred-h of this title and corresponding information related to asthma, 53 childhood obesity or underweight babies to his or her designees, includ- 54 ing persons or entities under contract with the department to review 55 quality of care issues, as related to the provisions of this section, 56 and to conduct quality improvement initiatives as needed to monitor,A. 5322 7 1 evaluate and improve patient care and outcomes. Such designee or person 2 or entity under contract with the department to review quality of care 3 issues shall maintain the confidentiality of all such information and 4 shall use it only to improve quality of care, as approved by the depart- 5 ment, and to implement the provisions of title five of article two of 6 this chapter, as added by chapter five hundred thirty-eight of the laws 7 of two thousand two. 8 6. The department may produce and distribute educational materials on 9 childhood obesity and asthma risks and precautions. Such materials may 10 be made available to child care centers, pediatricians and nursery, 11 elementary and secondary schools for distribution to persons in parental 12 relation to children, and to hospitals, birthing centers and other 13 appropriate health care providers for distribution to maternity 14 patients. In addition, such materials may be provided to health care 15 professionals engaged in the care and treatment of children for distrib- 16 ution to such children and persons in parental relation. The department 17 may also provide information on childhood obesity and asthma risks and 18 precautions on the department's internet website. No provision of this 19 subdivision shall be deemed to prohibit the utilization and distribution 20 of educational materials relating thereto produced by any public, 21 private or governmental entity, in lieu of the department's production 22 of such materials. 23 7. The department shall periodically review available data on obesity 24 and asthma in children and update the information on childhood obesity 25 and asthma risks and precautionary measures provided in its educational 26 materials and on its internet website, as appropriate. 27 § 3. This act shall take effect immediately. 28 PART G 29 Section 1. The education law is amended by adding a new section 923 30 to read as follows: 31 § 923. Use of nebulizer. 1. Every school district and board of cooper- 32 ative educational services in this state may maintain one or more nebu- 33 lizers in the office of the school nurse or in a similar accessible 34 location. 35 2. The commissioner, in consultation with the commissioner of health, 36 may promulgate regulations for the administration of asthma medication 37 through the use of a nebulizer by the school nurse or person authorized 38 by regulation. The regulations may include: 39 a. a requirement that each certified nurse or other person authorized 40 to administer asthma medication in schools receive training in airway 41 management and in the use of nebulizers and inhalers consistent with 42 nationally recognized standards; and 43 b. a requirement that each pupil authorized to use asthma medication 44 pursuant to section nine hundred sixteen of this article or a nebulizer 45 have an asthma treatment plan prepared by the physician of the pupil, 46 which identify, at a minimum, asthma triggers, the treatment plan, and 47 such other elements as shall be determined by the regents. 48 § 2. This act shall take effect on the one hundred eightieth day after 49 it shall have become a law. Effective immediately the addition, amend- 50 ment and/or repeal of any rule or regulation necessary for the implemen- 51 tation of this act on its effective date are authorized to be made and 52 completed on or before such date. 53 PART HA. 5322 8 1 Section 1. The state finance law is amended by adding a new section 2 91-g to read as follows: 3 § 91-g. Obesity and respiratory disease research and education fund. 4 1. There is hereby established in the joint custody of the commissioner 5 of taxation and finance and the comptroller, a special fund to be known 6 as the "obesity and respiratory disease research and education fund". 7 2. Such fund shall consist of all revenue received pursuant to an 8 appropriation thereto, and all other moneys appropriated, credited or 9 transferred thereto from any other fund or source pursuant to law. 10 Nothing in this section shall be deemed to prevent the state from 11 receiving grants, gifts or bequests for the purposes of the fund and 12 depositing them into the fund according to law. 13 3. Monies of the fund shall be expended only for adult and childhood 14 obesity, asthma, chronic bronchitis or other chronic respiratory disease 15 research and educational projects conducted pursuant to sections twen- 16 ty-four hundred eleven, twenty-five hundred and twenty-five hundred-l of 17 the public health law. 18 4. Monies shall be payable from the fund on the audit and warrant of 19 the comptroller on vouchers approved or certified by the commissioner of 20 health. 21 § 2. This act shall take effect immediately. 22 PART I 23 Section 1. Paragraph (a) of subdivision 2-a of section 390 of the 24 social services law, as added by chapter 416 of the laws of 2000, is 25 amended to read as follows: 26 (a) The office of children and family services shall promulgate regu- 27 lations which establish minimum quality program requirements for 28 licensed and registered child day care homes, programs and facilities. 29 Such requirements shall include but not be limited to (i) the need for 30 age appropriate activities, materials and equipment to promote cogni- 31 tive, educational, social, cultural, physical, emotional, language and 32 recreational development of children in care in a safe, healthy and 33 caring environment (ii) principles of childhood development (iii) appro- 34 priate staff/child ratios for family day care homes, group family day 35 care homes, school age day care programs and day care centers, provided 36 however that such staff/child ratios shall not be less stringent than 37 applicable staff/child ratios as set forth in part four hundred four- 38 teen, four hundred sixteen, four hundred seventeen or four hundred eigh- 39 teen of title eighteen of the New York code of rules and regulations as 40 of January first, two thousand (iv) appropriate levels of supervision of 41 children in care (v) appropriate levels of physical activity and nutri- 42 tional offerings to encourage healthy eating and living habits to help 43 lower the incidence of childhood obesity and to promote overall wellness 44 (vi) minimum standards for sanitation, health, infection control, nutri- 45 tion, buildings and equipment, safety, security procedures, first aid, 46 fire prevention, fire safety, evacuation plans and drills, prevention of 47 child abuse and maltreatment, staff qualifications and training, record 48 keeping, and child behavior management. 49 § 2. Section 390-a of the social services law is amended by adding a 50 new subdivision 6 to read as follows: 51 6. No family day care home, group family day care home, school age 52 child care program or child day care center shall discourage activities 53 related to breast feeding a child or feeding a child who is fed with 54 expressed breast milk.A. 5322 9 1 § 3. This act shall take effect on the first of January next succeed- 2 ing the date on which it shall have become a law. Effective immediately 3 the addition, amendment and/or repeal of any rule or regulation neces- 4 sary for the implementation of this act on its effective date are 5 authorized to be made and completed on or before such date. 6 PART J 7 Section 1. Subdivision 1 of section 414 of the education law is 8 amended by adding a new paragraph (l) to read as follows: 9 (l) For bona fide after-school programs operated by a not-for-profit 10 or charitable organization. Such programs shall present some form of 11 educational instruction or academic material, or promote physical educa- 12 tion. 13 § 2. Subdivision 2 of section 414 of the education law, as amended by 14 chapter 513 of the laws of 2005, is amended to read as follows: 15 2. The trustees or board of education shall determine the terms and 16 conditions for such use which may include rental at least in an amount 17 sufficient to cover all resulting expenses for the purposes of para- 18 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one 19 of this section. For the purposes of paragraph (1) of subdivision one of 20 this section, the trustees or board of education may provide that either 21 no fee or a minimal fee be imposed upon the not-for-profit or charitable 22 organization. Any such use, pursuant to [paragraphs] paragraph (a), (c), 23 (d), (h) [and], (j) or (l) of subdivision one of this section, shall not 24 allow the exclusion of any district child solely because said child is 25 not attending a district school or not attending the district school 26 which is sponsoring such use or on which grounds the use is to occur. 27 § 3. Subdivision 27 of section 2590-h of the education law, as amended 28 by chapter 345 of the laws of 2009, is amended to read as follows: 29 27. Promulgate regulations, in conjunction with each community super- 30 intendent, establishing a plan for providing access to school facilities 31 in each community school district, when not in use for school purposes, 32 in accordance with the provisions of section four hundred fourteen of 33 this chapter. Such plan shall set forth a reasonable system of fees not 34 to exceed the actual costs and specify that no part of any fee shall 35 directly or indirectly benefit or be deposited into an account which 36 inures to the benefit of the custodians or custodial engineers. 37 Notwithstanding any other provision of law, rule or regulation to the 38 contrary, such plan may provide that either no fee or a minimal fee 39 shall be charged for the use of school facilities by a not-for-profit or 40 charitable organization. The use of such facilities shall only be for 41 bona fide after-school programs that present some form of educational 42 instruction or academic material, or promote physical education. 43 § 4. Subdivision 27 of section 2590-h of the education law, as amended 44 by chapter 720 of the laws of 1996, is amended to read as follows: 45 27. Develop, in conjunction with each community superintendent, a plan 46 for providing access to school facilities in each community school 47 district, when not in use for school purposes, in accordance with the 48 provisions of section four hundred fourteen of this chapter. Such plan 49 shall set forth a reasonable system of fees not to exceed the actual 50 costs and specify that no part of any fee shall directly or indirectly 51 benefit or be deposited into an account which inures to the benefit of 52 the custodians or custodial engineers. Notwithstanding any other 53 provision of law, rule or regulation to the contrary, such plan may 54 provide that either no fee or a minimal fee shall be charged for the useA. 5322 10 1 of school facilities by a not-for-profit or charitable organization. The 2 use of such facilities shall only be for bona fide after-school programs 3 that present some form of educational instruction or academic material, 4 or promote physical education. 5 § 5. This act shall take effect on the one hundred eightieth day after 6 it shall have become a law; provided that the amendments to subdivision 7 27 of section 2590-h of the education law, made by section three of this 8 act, shall be subject to the expiration and reversion of such section, 9 pursuant to subdivision 12 of section 17 of chapter 345 of the laws of 10 2009, as amended, when upon such date the provisions of section four of 11 this act shall take effect. 12 PART K 13 Section 1. Section 901 of the education law, as amended by chapter 477 14 of the laws of 2004, subdivision 1 as amended by section 57 of part A-1 15 of chapter 58 of the laws of 2006, is amended to read as follows: 16 § 901. School health services to be provided. 1. School health 17 services, as defined in subdivision two of this section, shall be 18 provided by each school district for all students attending the public 19 schools in this state, except in the city school district of the city of 20 New York, as provided in this article. School health services shall 21 include the services of a registered professional nurse, if one is 22 employed, and shall also include such services as may be rendered as 23 provided in this article in examining students for the existence of 24 disease or disability, or may include services related to examining for 25 childhood obesity based upon the calculation of each student's body mass 26 index and weight status category pursuant to section nine hundred four 27 of this article, and in testing the eyes and ears of such students. 28 2. School health services for the purposes of this article shall mean 29 the several procedures, including, but not limited to, medical examina- 30 tions, dental inspection and/or screening, scoliosis screening, vision 31 screening [and], audiometer tests, and childhood obesity as measured by 32 body mass index and weight status category, designed to determine the 33 health status of the child; to inform parents or other persons in 34 parental relation to the child, pupils and teachers of the individual 35 child's health condition subject to federal and state confidentiality 36 laws; to guide parents, children and teachers in procedures for prevent- 37 ing and correcting defects [and], diseases and childhood obesity condi- 38 tions; to instruct the school personnel in procedures to take in case of 39 accident or illness; to survey and make necessary recommendations 40 concerning the health and safety aspects of school facilities and the 41 provision of health information. 42 § 2. Section 912 of the education law, as amended by chapter 477 of 43 the laws of 2004, is amended to read as follows: 44 § 912. Health and welfare services to all children. The voters and/or 45 trustees or board of education of every school district shall, upon 46 request of the authorities of a school other than public, provide resi- 47 dent children who attend such school with any or all of the health and 48 welfare services and facilities which are made available by such voters 49 and/or trustees or board of education to or for children attending the 50 public schools of the district. Such services may include, but are not 51 limited to all services performed by a physician, physician assistant, 52 dentist, dental hygienist, registered professional nurse, nurse practi- 53 tioner, school psychologist, school social worker or school speech ther- 54 apist, and may also include dental prophylaxis, vision and hearingA. 5322 11 1 screening examinations, childhood obesity screening, the taking of 2 medical histories and the administration of health screening tests, the 3 maintenance of cumulative health records and the administration of emer- 4 gency care programs for ill or injured students. Any such services or 5 facilities shall be so provided notwithstanding any provision of any 6 charter or other provision of law inconsistent herewith. Where children 7 residing in one school district attend a school other than public 8 located in another school district, the school authorities of the 9 district of residence shall contract with the school authorities of the 10 district where such nonpublic school is located, for the provision of 11 such health and welfare services and facilities to such children by the 12 school district where such nonpublic school is located, for a consider- 13 ation to be agreed upon between the school authorities of such 14 districts, subject to the approval of the qualified voters of the 15 district of residence when required under the provisions of this chap- 16 ter. Every such contract shall be in writing and in the form prescribed 17 by the commissioner, and before such contract is executed the same shall 18 be submitted for approval to the superintendent of schools having juris- 19 diction over such district of residence and such contract shall not 20 become effective until approved by such superintendent. 21 § 3. This act shall take effect immediately. 22 PART L 23 Section 1. Subdivisions 1 and 5 of section 803 of the education law, 24 as amended by chapter 118 of the laws of 1957, are amended to read as 25 follows: 26 1. All pupils above the age of eight years in all elementary and 27 secondary schools, shall receive as part of the prescribed courses of 28 instruction therein such physical education under the direction of the 29 commissioner [of education] as the regents may determine. Such courses 30 shall be designed to aid in the well-rounded education of pupils and in 31 the development of character, citizenship, overall physical fitness, 32 good health [and], the worthy use of leisure and the reduction in the 33 incidence of childhood obesity. Pupils above such age attending the 34 public schools shall be required to attend upon such prescribed courses 35 of instruction. 36 5. (a) It shall be the duty of the regents to adopt rules determining 37 the subjects to be included in courses of physical education provided 38 for in this section, the period of instruction in each of such courses, 39 the qualifications of teachers, and the attendance upon such courses of 40 instruction. 41 (b) Notwithstanding any other provision of this section, the regents 42 may provide in its rules that the physical education instruction 43 requirement for all students enrolled in elementary and secondary school 44 grades shall, where feasible, include daily physical exercise or activ- 45 ity, including students with disabling conditions and those in alterna- 46 tive education programs. The regents may include in its rules that 47 students enrolled in such elementary and secondary schools shall partic- 48 ipate in physical education, exercise or activity for a minimum of sixty 49 minutes during each school week. The regents may provide for a two-year 50 phase-in schedule for daily physical education in elementary schools in 51 its rules. 52 § 2. The section heading and subdivisions 1 and 2 of section 804 of 53 the education law, the section heading and subdivision 2 as amended by 54 chapter 390 of the laws of 2016 and subdivision 1 as amended by chapterA. 5322 12 1 1 of the laws of 2017, are amended and a new subdivision 5-a is added to 2 read as follows: 3 Health education regarding mental health, alcohol, drugs, tobacco 4 abuse, the reduction of the incidence of obesity and the prevention and 5 detection of certain cancers. 1. All schools shall ensure that their 6 health, science and physical education programs recognize the multiple 7 dimensions of health by including mental health and the relation of 8 physical and mental health so as to enhance student understanding, atti- 9 tudes and behaviors that promote health, well-being and human dignity. 10 2. All schools shall include, as an integral part of health, science 11 or physical education, instruction so as to discourage the misuse and 12 abuse of alcohol, tobacco and other drugs, to reduce the incidence of 13 obesity and promote attitudes and behavior that enhance health, well 14 being, and human dignity. 15 5-a. Instruction regarding the long term health risks associated with 16 obesity and methods of preventing and reducing the incidence of obesity, 17 including good nutrition and regular exercise. Such instruction may be 18 an integral part of required health, science, or physical education 19 courses. 20 § 3. Subdivision 1 of section 804-a of the education law, as added by 21 chapter 730 of the laws of 1986, is amended to read as follows: 22 1. Within the amounts appropriated, the commissioner is hereby 23 authorized to establish a demonstration program and to distribute state 24 funds to local school districts, boards of cooperative educational 25 services and in certain instances community school districts, for the 26 development, implementation, evaluation, validation, demonstration and 27 replication of exemplary comprehensive health education programs to 28 assist the public schools in developing curricula, training staff, and 29 addressing local health education needs of students, parents, and staff. 30 Such programs shall serve the purpose of developing and enhancing 31 pupils' health knowledge, skills, attitudes and behaviors, which is 32 fundamental to improving their health status and academic performance, 33 as well as reducing the incidence of adolescent pregnancy, alcohol 34 abuse, tobacco abuse, truancy, suicide, substance abuse, obesity, asth- 35 ma, other chronic respiratory diseases, and other problems of childhood 36 and adolescence. 37 § 4. Section 813 of the education law, as added by chapter 296 of the 38 laws of 1994, is amended to read as follows: 39 § 813. School lunch period; scheduling. Each school shall schedule a 40 reasonable time during each school day for each full day pupil attending 41 pre-kindergarten through grade twelve with ample time to consume lunch 42 and to engage in physical exercise or recreation. 43 § 5. This act shall take effect immediately. 44 PART M 45 Section 1. Section 11 of the public buildings law, as added by chapter 46 819 of the laws of 1987 and subdivision 2 as amended by chapter 126 of 47 the laws of 1988, is amended to read as follows: 48 § 11. Pilot program of bicycle parking facilities. 1. Legislative 49 finding. In recognition of the role which bicycles can serve as a valu- 50 able transportation mode with energy conservation, health, physical 51 fitness and environmental benefits, it is hereby declared to be the 52 policy of the state that provision for adequate and safe bicycle facili- 53 ties including the use of present facilities for safe and secure bicycleA. 5322 13 1 parking and storage be included in the planning [and], development, 2 construction or reconstruction of all state facilities. 3 2. (a) The commissioner of general services shall undertake a [pilot] 4 program for the provision and promotion of safe and secure bicycle park- 5 ing facilities at state office buildings for state employees and visi- 6 tors at such buildings. The commissioner[, within one year of the enact-7ment of this section,] of general services shall provide, at the 8 principal office buildings under his or her superintendence at the 9 Nelson A. Rockefeller Empire State Plaza in Albany[, New York], secure 10 bicycle parking facilities for use by employees and visitors. Provided, 11 further, that the commissioner of general services shall make an inven- 12 tory of all existing bicycle parking and storage facilities at all state 13 office buildings and office buildings in which the state leases or occu- 14 pies space. Such inventory shall be made only of state owned or leased 15 buildings or offices which have over fifty state employees located at 16 such site or in which the visitation rate by the general public is over 17 five hundred visitors, on average, each month. Such inventory of bicycle 18 parking and storage facilities shall be completed within two years of 19 the effective date of the chapter of the laws of two thousand nineteen 20 which amended this section. 21 (b) The commissioner of general services is also authorized, within a 22 reasonable period and where feasible, to provide suitable support facil- 23 ities including clothing lockers, showers and changing facilities, and 24 to charge a reasonable use fee. 25 (c) For the purpose of this section, the term "bicycle parking facili- 26 ty" means a device or enclosure, located within a building or installa- 27 tion, or conveniently adjacent thereto, that is easily accessible, 28 clearly visible and so located as to minimize the danger of theft of 29 bicycles. Such a device shall consist of a parking rack, locker, or 30 other device constructed to enable the frame and both wheels of a bicy- 31 cle to be secured with ease by use of a padlock in a manner that will 32 minimize the risk of theft, or an enclosure which limits access to the 33 bicycles and is under observation by an attendant. 34 3. Upon completion of a state office building bicycle parking and 35 storage facilities inventory provided for in paragraph (a) of subdivi- 36 sion two of this section, the commissioner of general services shall 37 develop a plan to expand bicycle parking and storage facilities to 38 encourage the use of such facilities by state employees and the general 39 public that patronize such facilities to conduct public business. Such 40 plan shall be completed within eighteen months after finalization of the 41 parking and storage facilities inventory. Such plan shall contain and 42 address the following elements to encourage state employees and the 43 general public to use bicycles more frequently at each state office 44 building facility or leased premise: 45 (a) The inventory of bicycle parking and storage facilities shall be 46 ranked from highest to lowest based on the existing unfulfilled demand 47 for such facilities at state office buildings. Such ranking shall also 48 consider increased future demand or the potential for increased future 49 demand of such parking and storage facilities; 50 (b) In urban settings, there shall be a plan to develop, where practi- 51 cable, an ample supply of secure covered and uncovered off-street bicy- 52 cle parking and storage or alternate indoor parking or storage for such 53 bicycles; 54 (c) Adequate posting of such bicycle parking and storage facilities 55 shall be provided for and placed around such state office buildingA. 5322 14 1 facility to encourage utilization of such parking and storage facilities 2 by state employees and the general public; 3 (d) A marketing plan and community outreach effort shall provide for 4 the dissemination of information to state employees, visitors to state 5 office buildings, and to the general public to encourage individuals to 6 use bicycles when traveling to such buildings or facilities; and 7 (e) The commissioner of general services shall include and address any 8 other element in the plan as he or she deems appropriate. 9 4. In undertaking such [pilot] program, the office of general services 10 shall: (a) Consult with and cooperate with (i) [the statewide bicycle11advisory council, (ii)] the [New York state] department of transporta- 12 tion regional bicycle coordinator[, (iii)]; (ii) local bicycle planning 13 groups[,]; and [(iv)] (iii) persons, organizations, and groups served 14 by, interested in, or concerned with the area under study. 15 (b) Request and receive from any department, division, board, bureau, 16 commission or other agency of the state or any political subdivision 17 thereof or any public authority, any assistance and data as may be 18 necessary to enable the office of general services to carry out its 19 responsibilities under this section. 20 [(c) On or before the first day of January, nineteen hundred eighty-21nine, a report shall be submitted to the governor and the legislature22which shall include a determination of usage levels, a statement outlin-23ing first year progress and the elements of a statewide plan for the24provision of such facilities.] 25 5. Nothing in this section shall be construed to require the state or 26 the owner, lessee, manager or other person who is in control of a build- 27 ing governed by this section to provide space for stored bicycles at 28 such building or brought into such building or to permit a bicycle to be 29 parked in a manner that violates building or fire codes or any other 30 applicable law, rule or code, or which otherwise impedes ingress or 31 egress to such building. 32 6. There is hereby established a temporary bicycle commuting task 33 force to examine the development of suitable levels of bicycle parking 34 in public spaces. 35 (a) Such task force shall be comprised of eleven members, including 36 the commissioner of general services, the commissioner of transporta- 37 tion, the commissioner of motor vehicles, the commissioner of buildings 38 of the city of New York and the commissioner of parks, recreation and 39 historic preservation or a designee of any such commissioners. The 40 remaining six members shall consist of a group of municipal planners, 41 bicycle association representatives, building contractors and engineers. 42 They shall be appointed as follows: two members shall be appointed by 43 the temporary president of the senate; one member shall be appointed by 44 the minority leader of the senate; two members shall be appointed by the 45 speaker of the assembly; and one member shall be appointed by the minor- 46 ity leader of the assembly. 47 (b) The chair of the temporary bicycle commuting task force shall be 48 the commissioner of general services. Members of the temporary bicycle 49 commuting task force shall serve without compensation and shall meet 50 when deemed necessary by the chair. 51 (c) Within eighteen months of the temporary bicycle commuting task 52 force's establishment, such task force shall issue a report to the 53 governor and the legislature. Such report shall include, but not be 54 limited to (i) an assessment of the demand for bicycle parking in public 55 spaces; (ii) an examination of the marketing and community outreach 56 efforts needed to encourage the use of bicycles; (iii) recommendationsA. 5322 15 1 on establishing partnerships with entities to develop bicycle storage 2 and parking facilities in public spaces; and (iv) suggestions on expand- 3 ing the office of general services to local municipal and private office 4 buildings. Such report shall be posted on the website of each state 5 agency that was a member of such task force within twenty days from its 6 submission to the governor. The temporary bicycle commuting task force 7 shall cease to exist three months after the issuance of its report. 8 § 2. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law. 10 PART N 11 Section 1. Section 3231 of the insurance law, as added by chapter 501 12 of the laws of 1992, is amended by adding a new subsection (c-1) to read 13 as follows: 14 (c-1) Subject to the approval of the superintendent, an insurer or 15 health maintenance organization issuing an individual or group health 16 insurance policy pursuant to this section may provide for an actuarially 17 appropriate reduction in premium rates or other benefits or enhancements 18 approved by the superintendent to encourage an enrollee's or insured's 19 active participation in a qualified wellness program. A qualified well- 20 ness program can be a risk management system that identifies at-risk 21 populations or any other systematic program or course of medical conduct 22 which helps to promote physical and mental fitness, health and well-be- 23 ing, helps to prevent or mitigate the conditions of acute or chronic 24 sickness, disease or pain, or which minimizes adverse health conse- 25 quences due to lifestyle. Such a wellness program may have some or all 26 of the following elements to advance the physical health and mental 27 well-being of its participants: 28 (1) an education program to increase the awareness of and dissem- 29 ination of information about pursuing healthier lifestyles, and which 30 warns about risks of pursuing environmental or behavioral activities 31 that are detrimental to human health. In addition, information on the 32 availability of health screening tests to assist in the early identifi- 33 cation and treatment of diseases such as cancer, heart disease, hyper- 34 tension, diabetes, asthma, obesity or other adverse health afflictions; 35 (2) a program that encourages behavioral practices that either encour- 36 ages healthy living activities or discourages unhealthy living activ- 37 ities. Such activities or practices may include wellness programs, as 38 provided under section three thousand two hundred thirty-nine of this 39 article; and 40 (3) the monitoring of the progress of each covered person to track his 41 or her adherence to such wellness program and to provide assistance and 42 moral support to such covered person to assist him or her to attain the 43 goals of the covered person's wellness program. 44 Such wellness program shall demonstrate actuarially that it encourages 45 the general good health and well-being of the covered population. The 46 insurer or health maintenance organization shall not require specific 47 outcomes as a result of an enrollee's or insured's adherence to the 48 approved wellness program. 49 § 2. Subsection (c) of section 3239 of the insurance law, as amended 50 by chapter 180 of the laws of 2016, is amended to read as follows: 51 (c)(1) A wellness program may use rewards and incentives for partic- 52 ipation provided that where the group health insurance policy or 53 subscriber contract is required to be community-rated, the rewards and 54 incentives shall not include a discounted premium rate or a rebate orA. 5322 16 1 refund of premium, except as provided in section three thousand two 2 hundred thirty-one of this article, or section four thousand two hundred 3 thirty-five, four thousand three hundred seventeen or four thousand 4 three hundred twenty-six of this chapter, or section forty-four hundred 5 five of the public health law. 6 (2) Permissible rewards and incentives may include: 7 (A) full or partial reimbursement of the cost of participating in 8 smoking cessation, weight management, stress and/or hypertension, worker 9 injury prevention, nutrition education, substance or alcohol abuse 10 cessation, or chronic pain management and coping programs; 11 (B) full or partial reimbursement of the cost of membership in a 12 health club or fitness center; 13 (C) the waiver or reduction of copayments, coinsurance and deductibles 14 for preventive services covered under the group policy or subscriber 15 contract; 16 (D) monetary rewards in the form of gift cards or gift certificates, 17 so long as the recipient of the reward is encouraged to use the reward 18 for a product or a service that promotes good health, such as healthy 19 cook books, over the counter vitamins or exercise equipment; 20 (E) full or partial reimbursement of the cost of participating in a 21 stress management program or activity; and 22 (F) full or partial reimbursement of the cost of participating in a 23 health or fitness program. 24 (3) Where the reward involves a group member's meeting a specified 25 standard based on a health condition, the wellness program must meet the 26 requirements of 45 CFR Part 146. 27 (4) A reward or incentive which involves a discounted premium rate or 28 a rebate or refund of premium shall be based on actuarial demonstration 29 that the wellness program can reasonably be expected to result in the 30 overall good health and well being of the group as provided in section 31 three thousand two hundred thirty-one of this article, sections four 32 thousand two hundred thirty-five, four thousand three hundred seventeen 33 and four thousand three hundred twenty-six of this chapter, and section 34 forty-four hundred five of the public health law. 35 § 3. Subsection (h) of section 4235 of the insurance law is amended by 36 adding a new paragraph 5 to read as follows: 37 (5) Each insurer doing business in this state, when filing with the 38 superintendent its schedules of premium rates, rules and classification 39 of risks for use in connection with the issuance of its policies of 40 group accident, group health or group accident and health insurance, may 41 provide for an actuarially appropriate reduction in premium rates or 42 other benefits or enhancements approved by the superintendent to encour- 43 age an enrollee's or insured's active participation in a qualified well- 44 ness program. A qualified wellness program can be a risk management 45 system that identifies at-risk populations or any other systematic 46 program or course of medical conduct which helps to promote physical and 47 mental fitness, health and well-being, helps to prevent or mitigate the 48 conditions of acute or chronic sickness, disease or pain, or which mini- 49 mizes adverse health consequences due to lifestyle. Such a wellness 50 program may have some or all of the following elements to advance the 51 physical health and mental well-being of its participants: 52 (A) an education program to increase the awareness of and dissem- 53 ination of information about pursuing healthier lifestyles, and which 54 warns about risks of pursuing environmental or behavioral activities 55 that are detrimental to human health. In addition, information on the 56 availability of health screening tests to assist in the early identifi-A. 5322 17 1 cation and treatment of diseases such as cancer, heart disease, hyper- 2 tension, diabetes, asthma, obesity or other adverse health afflictions; 3 (B) a program that encourages behavioral practices that either encour- 4 ages healthy living activities or discourages unhealthy living activ- 5 ities. Such activities or practices may include wellness programs, as 6 provided under section three thousand two hundred thirty-nine of this 7 chapter; and 8 (C) the monitoring of the progress of each covered person to track his 9 or her adherence to such wellness program and to provide assistance and 10 moral support to such covered person to assist him or her to attain the 11 goals of the covered person's wellness program. 12 Such wellness program shall demonstrate actuarially that it encourages 13 the general good health and well-being of the covered population. The 14 insurer or health maintenance organization shall not require specific 15 outcomes as a result of an enrollee's or insured's adherence to the 16 approved wellness program. 17 § 4. Section 4317 of the insurance law is amended by adding a new 18 subsection (c-1) to read as follows: 19 (c-1) Subject to the approval of the superintendent, an insurer or 20 health maintenance organization issuing an individual or group health 21 insurance contract pursuant to this section may provide for an actuari- 22 ally appropriate reduction in premium rates or other benefits or 23 enhancements approved by the superintendent to encourage an enrollee's 24 or insured's active participation in a qualified wellness program. A 25 qualified wellness program can be a risk management system that identi- 26 fies at-risk populations or any other systematic program or course of 27 medical conduct which helps to promote physical and mental fitness, 28 health and well-being, helps to prevent or mitigate the conditions of 29 acute or chronic sickness, disease or pain, or which minimizes adverse 30 health consequences due to lifestyle. Such a wellness program may have 31 some or all of the following elements to advance the physical health and 32 mental well-being of its participants: 33 (1) an education program to increase the awareness of and dissem- 34 ination of information about pursuing healthier lifestyles, and which 35 warns about risks of pursuing environmental or behavioral activities 36 that are detrimental to human health. In addition, information on the 37 availability of health screening tests to assist in the early identifi- 38 cation and treatment of diseases such as cancer, heart disease, hyper- 39 tension, diabetes, asthma, obesity or other adverse health afflictions; 40 (2) a program that encourages behavioral practices that either encour- 41 ages healthy living activities or discourages unhealthy living activ- 42 ities. Such activities or practices may include wellness programs, as 43 provided under section three thousand two hundred thirty-nine of this 44 chapter; and 45 (3) the monitoring of the progress of each covered person to track his 46 or her adherence to such wellness program and to provide assistance and 47 moral support to such covered person to assist him or her to attain the 48 goals of the covered person's wellness program. 49 Such wellness program shall demonstrate actuarially that it encourages 50 the general good health and well-being of the covered population. The 51 insurer or health maintenance organization shall not require specific 52 outcomes as a result of an enrollee's or insured's adherence to the 53 approved wellness program. 54 § 5. Subsection (m) of section 4326 of the insurance law is amended by 55 adding a new paragraph 4 to read as follows:A. 5322 18 1 (4) approval of the superintendent, an insurer or health maintenance 2 organization issuing a contract for qualifying small employers or indi- 3 viduals pursuant to this section may provide for an actuarially appro- 4 priate reduction in premium rates or other benefits or enhancements 5 approved by the superintendent to encourage an enrollee's or insured's 6 active participation in a qualified wellness program. A qualified well- 7 ness program can be a risk management system that identifies at-risk 8 populations or any other systematic program or course of medical conduct 9 which helps to promote physical and mental fitness, health and well-be- 10 ing, helps to prevent or mitigate the conditions of acute or chronic 11 sickness, disease or pain, or which minimizes adverse health conse- 12 quences due to lifestyle. Such a wellness program may have some or all 13 of the following elements to advance the physical health and mental 14 well-being of its participants: 15 (i) an education program to increase the awareness of and dissem- 16 ination of information about pursuing healthier lifestyles, and which 17 warns about risks of pursuing environmental or behavioral activities 18 that are detrimental to human health. In addition, information on the 19 availability of health screening tests to assist in the early identifi- 20 cation and treatment of diseases such as cancer, heart disease, hyper- 21 tension, diabetes, asthma, obesity or other adverse health afflictions; 22 (ii) a program that encourages behavioral practices that either 23 encourages healthy living activities or discourages unhealthy living 24 activities. Such activities or practices may include wellness programs, 25 as provided under section three thousand two hundred thirty-nine of this 26 chapter; and 27 (iii) the monitoring of the progress of each covered person to track 28 his or her adherence to such wellness program and to provide assistance 29 and moral support to such covered person to assist him or her to attain 30 the goals of the covered person's wellness program. 31 Such wellness program shall demonstrate actuarially that it encourages 32 the general good health and well-being of the covered population. The 33 insurer or health maintenance organization shall not require specific 34 outcomes as a result of an enrollee's or insured's adherence to the 35 approved wellness program. 36 § 6. Section 4405 of the public health law is amended by adding a new 37 subdivision 5-a to read as follows: 38 5-a. subject to the approval of the superintendent of financial 39 services, the possible providing of an actuarially appropriate reduction 40 in premium rates or other benefits or enhancements approved by the 41 superintendent of financial services to encourage an enrollee's active 42 participation in a qualified wellness program. A qualified wellness 43 program can be a risk management system that identifies at-risk popu- 44 lations or any other systematic program or course of medical conduct 45 which helps to promote physical and mental fitness, health and well-be- 46 ing, helps to prevent or mitigate the conditions of acute or chronic 47 sickness, disease or pain, or which minimizes adverse health conse- 48 quences due to lifestyle. Such a wellness program may have some or all 49 of the following elements to advance the physical health and mental 50 well-being of its participants: 51 (1) an education program to increase the awareness of and dissem- 52 ination of information about pursuing healthier lifestyles, and which 53 warns about risks of pursuing environmental or behavioral activities 54 that are detrimental to human health. In addition, information on the 55 availability of health screening tests to assist in the early identifi-A. 5322 19 1 cation and treatment of diseases such as cancer, heart disease, hyper- 2 tension, diabetes, asthma, obesity or other adverse health afflictions; 3 (2) a program that encourages behavioral practices that either encour- 4 ages healthy living activities or discourages unhealthy living activ- 5 ities. Such activities or practices may include wellness programs, as 6 provided under section three thousand two hundred thirty-nine of the 7 insurance law; and 8 (3) the monitoring of the progress of each covered person to track his 9 or her adherence to such wellness program and to provide assistance and 10 moral support to such covered person to assist him or her to attain the 11 goals of the covered person's wellness program. 12 Such wellness program shall demonstrate actuarially that it encourages 13 the general good health and well-being of the covered population. The 14 health maintenance organization shall not require specific outcomes as a 15 result of an enrollee's adherence to the approved wellness program; 16 § 7. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law. Effective immediately the addition, amend- 18 ment and/or repeal of any rule or regulation necessary for the implemen- 19 tation of this act on its effective date are authorized to be made and 20 completed on or before such date. 21 PART O 22 Section 1. Section 31-f of the agriculture and markets law, as added 23 by chapter 528 of the laws of 2013, is amended to read as follows: 24 § 31-f. Legislative findings. The legislature hereby finds and 25 declares that community gardens provide significant health, educational 26 and social benefits to the general public, especially for those who 27 reside in urban and suburban areas of this state. Furthermore, it is the 28 articulated public policy of this state to promote and foster growth in 29 the number of community gardens and the acreage of such gardens. The 30 community garden movement continues to provide low cost food that is 31 fresh and nutritious for those who may be unable to readily afford or 32 have easy access to fresh fruits and vegetables for themselves or their 33 families, promotes public health and healthier individual lifestyles by 34 encouraging better eating habits and increased physical activity by 35 growing their own food, fosters the retention and expansion of open 36 spaces, particularly in urban environments, enhances urban and suburban 37 environmental quality and community beautification, provides inexpensive 38 community building activities, recreation and physical exercise for all 39 age groups, establishes a safe place for community involvement and helps 40 to reduce the incidence of crime, engenders a closer relationship 41 between urban residents, nature and their local environment, and fosters 42 green job training and ecological education at all levels. It is there- 43 fore the intent of the legislature and the purpose of this article to 44 foster growth in the number, size and scope of community gardens in this 45 state by encouraging state agencies, municipalities and private parties 46 in their efforts to promote community gardens. 47 § 2. Paragraph f of subdivision 2 of section 31-h of the agriculture 48 and markets law, as added by chapter 528 of the laws of 2013, is amended 49 to read as follows: 50 f. Assist, support and encourage communication, and the sharing of 51 resources between community garden organizations, the department of 52 health, the department of state, the division of housing and community 53 renewal and the New York Harvest For New York Kids Week program estab- 54 lished by the department pursuant to subdivision five-b of sectionA. 5322 20 1 sixteen of this chapter, and individual farm-to-school and school garden 2 programs. 3 § 3. Paragraph (a) of subdivision 4 of section 31-j of the agriculture 4 and markets law, as amended by chapter 154 of the laws of 2015, is 5 amended to read as follows: 6 (a) The goals of the task force may include, but are not limited to, 7 the study, evaluation and development of recommendations: (i) to encour- 8 age the establishment and expansion of community gardens by state agen- 9 cies, municipal governments and private parties, (ii) to encourage coop- 10 eration between the activities and operations of community gardens and 11 provision of donated food to local voluntary food assistance programs 12 for the poor and disadvantaged, (iii) to increase the benefits that 13 community gardens may provide to the local community in which they are 14 located, [and] (iv) to encourage cooperation with community-based organ- 15 izations to increase the opportunities for seniors, those aged sixty 16 years of age or older, to participate in community gardens, and (v) to 17 encourage the expansion of the production of fresh fruits and vegetables 18 in areas served by community gardens so that such fresh produce can be 19 consumed locally to help encourage healthier life styles and wellness, 20 and to help reduce the incidence of adult and childhood obesity. 21 § 4. This act shall take effect immediately. 22 PART P 23 Section 1. Subdivision 4 of section 28-a of the general city law is 24 amended by adding a new paragraph (j-1) to read as follows: 25 (j-1) Specific policies and strategies to develop more and safer bike 26 lanes and multiple use trails so as to encourage more physical activity 27 and reduce carbon emissions. 28 § 2. Subdivision 3 of section 272-a of the town law is amended by 29 adding a new paragraph (j-1) to read as follows: 30 (j-1) Specific policies and strategies to develop more and safer bike 31 lanes and multiple use trails so as to encourage more physical activity 32 and reduce carbon emissions. 33 § 3. Subdivision 3 of section 7-722 of the village law is amended by 34 adding a new paragraph (j-1) to read as follows: 35 (j-1) Specific policies and strategies to develop more and safer bike 36 lanes and multiple use trails so as to encourage more physical activity 37 and reduce carbon emissions. 38 § 4. Subdivision 1 of section 239-d of the general municipal law is 39 amended by adding a new paragraph (j-1) to read as follows: 40 (j-1) Specific policies and strategies to develop more and safer bike 41 lanes and multiple use trails so as to encourage more physical activity 42 and reduce carbon emissions. 43 § 5. Subdivision (b) of section 331 of the highway law, as added by 44 chapter 398 of the laws of 2011, is amended to read as follows: 45 (b) Complete street design features are roadway design features that 46 accommodate and facilitate convenient access and mobility by all users, 47 including current and projected users, particularly pedestrians, bicy- 48 clists and individuals of all ages and abilities engaged in physical 49 activity. These features may include, but need not be limited to: side- 50 walks, paved shoulders suitable for use by bicyclists and pedestrians, 51 lane striping, bicycle lanes, multiple use trails, share the road 52 signage, crosswalks, road diets, pedestrian control signalization, bus 53 pull outs, curb cuts, raised crosswalks and ramps and traffic calmingA. 5322 21 1 measures; and recognize that the needs of users of the road network vary 2 according to a rural, urban and suburban context. 3 § 6. This act shall take effect immediately. 4 PART Q 5 Section 1. Subdivision 10 of section 3.09 of the parks, recreation and 6 historic preservation law is amended to read as follows: 7 10. Encourage, promote and provide recreational opportunities for 8 residents of urban as well as suburban and rural areas, which may 9 include, but not be limited to, the development of more and safer multi- 10 ple use trails in state parks and throughout the state so as to encour- 11 age more physical activity. 12 § 2. This act shall take effect immediately. 13 PART R 14 Section 1. Section 284 of the agriculture and markets law is amended 15 by adding a new subdivision 10 to read as follows: 16 10. Development and facilitation of the establishment of regional 17 farmers' markets to promote the direct marketing of farm and food 18 products on a wholesale or bulk sales basis to large volume purchasers 19 of farm and food products. Such regional farmers' markets should be, 20 whenever possible, located in areas that have poor consumer access to 21 high quality and reasonably priced food and farm products or food 22 deserts; or which would sell to or cater to the needs of retailers or 23 bulk purchasers of food and farm products that are located in areas that 24 have poor consumer access to high quality and reasonably priced food and 25 farm products or food deserts. The department is authorized to work in 26 cooperation with the New York state urban development corporation for 27 the purposes of this subdivision and section sixteen-m of the New York 28 state urban development corporation act. 29 § 2. This act shall take effect immediately. 30 § 3. Severability clause. If any clause, sentence, paragraph, subdi- 31 vision, section or part of this act shall be adjudged by any court of 32 competent jurisdiction to be invalid, such judgment shall not affect, 33 impair, or invalidate the remainder thereof, but shall be confined in 34 its operation to the clause, sentence, paragraph, subdivision, section 35 or part thereof directly involved in the controversy in which such judg- 36 ment shall have been rendered. It is hereby declared to be the intent of 37 the legislature that this act would have been enacted even if such 38 invalid provisions had not been included herein. 39 § 4. This act shall take effect immediately provided, however, that 40 the applicable effective date of Parts A through R of this act shall be 41 as specifically set forth in the last section of such Parts.
