S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6613--A                                            A. 9713--A

                      S E N A T E - A S S E M B L Y

                            January 19, 2010
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  mental hygiene law, in relation to the advisory
  council on alcoholism and  substance  abuse  services;  to  amend  the
  social services law, in relation to the William B. Hoyt Memorial chil-
  dren  and  family  trust fund and the awarding of grants; to amend the
  state finance law, in relation to the state  procurement  council;  to
  amend  the  social services law, in relation to the advisory committee
  on legal advocacy; to amend the social services law,  in  relation  to
  the  coordinated  children's  services  for children with cross-system
  needs; to amend chapter 74 of the laws of 2007 amending the penal  law
  and  other  laws  relating  to  human  trafficking, in relation to the
  effectiveness of certain provisions thereof; to amend chapter  884  of
  the  laws of 1982 relating to requiring the governor to submit  to the
  legislature detailed reports for each federal block grant, in relation
  to exempting the establishment of certain advisory councils; to  amend
  the  executive law, in relation to the advisory council on interactive
  media and youth violence; to amend chapter 178 of  the  laws  of  2006
  relating  to  establishing  an advisory council on children's environ-
  mental health and safety, in relation to the effectiveness thereof; to
  amend the public health law, in  relation  to  medical  record  access
  review  committees;  to amend chapter 521 of the laws of 1994 amending
  the public health law relating to immunizations for  vaccine-preventa-
  ble  diseases,  in relation to the effectiveness of certain provisions
  thereof; to amend the public health law, in relation  to  the  commis-
  sioner's  powers to promulgate rules and regulations pertaining to the
  practice of radiologic technology; to amend chapter 387 of the laws of
  2004 amending the environmental conservation law relating to restrict-
  ing the use of certain flame retardants, in relation to the effective-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12675-03-0

S. 6613--A                          2                         A. 9713--A

  ness of certain provisions thereof; to amend chapter 356 of  the  laws
  of  2005  amending  the public health law relating to establishing the
  New York state toxic mold task force, in relation to the effectiveness
  thereof;  to  amend  the  public  health law, in relation to the state
  council on home care services; to amend  the  public  health  law,  in
  relation to the powers and duties of the tick-borne disease institute;
  to  amend the environmental conservation law, in relation to authority
  of the department of  environmental  conservation  to  issue  falconry
  licenses;  to amend the environmental conservation law, in relation to
  making  conforming  technical  changes;  to  amend  the  environmental
  conservation  law,  in relation to review of certain actions involving
  freshwater wetlands; to amend the highway law, in relation to the  New
  York  state  scenic byways program; to amend the state finance law, in
  relation to the marine and coastal district of New York  conservation,
  education, and research fund; to amend the vehicle and traffic law, in
  relation  to  the use of funds from the issuance of distinctive marine
  and coastal district of New York license plates; to amend the environ-
  mental conservation law, the state finance law,  the  agriculture  and
  markets  law  and  the  county  law,  in  relation to making technical
  corrections; to amend the executive law, in  relation  to  specialized
  hazardous  materials  emergency response training and firefighting and
  code enforcement training; to  amend  the  general  business  law,  in
  relation  to  the  advisory committee on fire alarm systems and making
  technical amendments thereto; to amend the general  business  law,  in
  relation  to  the  armored  car  carrier  advisory board; to amend the
  general business law, in relation to the appearance enhancement indus-
  try; to amend the general business law, in relation to the hearing aid
  dispensing advisory board; to  amend  the  not-for-profit  corporation
  law,  in relation to the state cemetery board; to amend the real prop-
  erty law, in relation to the state home inspection council;  to  amend
  the  real  property  law,  in  relation  to  abolishing the state home
  inspection council; to amend the executive law and the  state  finance
  law,  in  relation  to  renaming  the New York motor vehicle theft and
  insurance fraud prevention board to the New York motor  vehicle  theft
  and  insurance  fraud  prevention  demonstration program; to amend the
  executive law, in relation to  abolishing  the  state  board  of  real
  estate  appraisal;  to  amend the labor law, in relation to abolishing
  the carnival, fair and amusement park safety advisory board; to  amend
  the  elder  law,  in  relation  to  the naturally occurring retirement
  community supportive service program and replaces the  term  "elderly"
  with  "older adult"; to repeal section 19.06 of the mental hygiene law
  relating to the advisory council on underage alcohol  consumption;  to
  repeal section 481-d of the social services law relating to William B.
  Hoyt  Memorial  children  and  family  trust fund advisory council; to
  repeal sections 520 and 521 of the executive law relating to boards of
  visitors and their powers and duties; to repeal section 372-a  of  the
  social  services  law  relating to the child welfare research advisory
  panel; to repeal sections 401 and 402  of  the  state  technology  law
  relating  to  the  statewide wireless network advisory council and its
  powers and duties; to repeal section 1-t of the legislative law relat-
  ing to  the  advisory  council  on  procurement  lobbying;  to  repeal
  sections  2407  and 2408 of the public health law relating to an advi-
  sory council on breast and cervical cancer detection and education; to
  repeal section 3402 of the public health law relating to  the  funeral
  directing  advisory  board;  to  repeal  section  364-jj of the social
  services law relating to the special advisory  review  panel  Medicaid

S. 6613--A                          3                         A. 9713--A

  managed  care;  to  repeal subdivision 5 of section 2409 of the public
  health law relating to ovarian cancer information programs; to  repeal
  section  2707  of  the  public health law relating to the osteoporosis
  advisory  council; to repeal subdivisions 6 and 7 of section 2807-n of
  the public health law relating to the New York state  palliative  care
  education  and  training council; to repeal title 1-c of article 24 of
  the public health law  relating  to  prostate  and  testicular  cancer
  detection  and  education; to repeal subdivision 13 of section 3501 of
  the public health law relating to the definition of board;  to  repeal
  section 3503 of the public health law relating to the radiologic tech-
  nologist  advisory board; to repeal title 4 of article 2 of the public
  health law relating to the  spinal  cord  injury  research  board;  to
  repeal  section  2 of chapter 41 of the laws of 1992 containing health
  care provider reimbursement rates relating to the work group to review
  the provision of and payment for certain adult day services; to repeal
  chapter 554 of the laws of 1996 creating the Brookhaven National Labo-
  ratory local oversight and monitoring committee relating  thereto;  to
  repeal  section  18  of  chapter  537 of the laws of 1998 amending the
  public health law relating to modifying the use of prescription  forms
  for  dispensing  controlled  substances  relating  to  the  task force
  appointed therefore; to repeal subdivision 7 of  section  502  of  the
  public  health law relating to the environmental laboratories advisory
  board; to repeal section 123 of chapter 1 of the laws of 1999 enacting
  the New York Health Care Reform Act of 2000 relating to the commission
  on financially  distressed  residential  health  care  facilities;  to
  repeal  section  3604  of  the public health law relating to the state
  council on home care services; to repeal subdivision 4 of section 3222
  of the public health law relating  to  the  recombinant  DNA  advisory
  committee; to repeal section 3702 of the public health law relating to
  the  advisory  council  on  physician's  assistants  and  specialist's
  assistants; to repeal section 1399-uu of the public health law  relat-
  ing  to  the technical advisory committee on the regulation of sharps;
  to repeal sections 2796 and 2799 of the public health law relating  to
  the  tick-borne  disease institute research council; to repeal section
  2799-a of the public health law relating  to  the  tick-borne  disease
  institute  advisory council; to repeal section 27-2109 of the environ-
  mental conservation law relating to the advisory committee on  mercury
  pollution; to repeal section 11-2003 of the environmental conservation
  law  relating  to  the  New  York state bird conservation area program
  advisory committee; to repeal section  11-1005  of  the  environmental
  conservation  law  relating  to the falconry advisory board; to repeal
  title 11 of article 24 and subdivision 7 of  section  24-0107  of  the
  environmental  conservation  law  relating  to the freshwater wetlands
  appeals board; to repeal section 349-cc of the highway law relating to
  the New York state scenic byways advisory  board;  to  repeal  section
  13-0503  of  the environmental conservation law relating to the marine
  and coastal district of New York conservation, education, and research
  board; to repeal certain provisions of the environmental  conservation
  law  relating to the New York invasive species advisory committee, the
  New York state oil, gas and solution mining advisory board, the  state
  petroleum  bulk storage advisory council, the regional forest practice
  boards and the solid waste management board, the  state  environmental
  board, the surf clam/ocean quahog management advisory board; to repeal
  certain  provisions of the agriculture and markets law, in relation to
  the New York state veterinary diagnostic laboratory, the plant  indus-
  try  advisory  committee,  the apiary industry advisory committee, the

S. 6613--A                          4                         A. 9713--A

  advisory council on petroleum product standards, the statewide  direct
  marketing advisory council and the Hudson Valley agricultural advisory
  council;  to  repeal  chapter 868 of the laws of 1976 establishing the
  organic food advisory committee; to repeal section 7 of chapter 654 of
  the  laws  of  1994  creating  the  agricultural transportation review
  panel; to repeal article 33 of  the  parks,  recreation  and  historic
  preservation  law  relating to the New York state heritage areas advi-
  sory council; to repeal certain provisions of the executive law relat-
  ing to the temporary advisory committee on the restoration and display
  of New York state's military battle flags; to repeal certain  sections
  of the executive law relating to the fire safety advisory board, arson
  board,  the fire fighting and code enforcement personnel standards and
  education commission, the emergency services council,  the  commission
  rules  and  regulations  promulgated by the governor, the manufactured
  housing advisory council and the Long Island  Sound  coastal  advisory
  commission;  to  repeal certain provisions of the general business law
  relating to an advisory committee on fire alarm systems,  the  armored
  car carrier advisory board; to repeal section 89-mmm and subdivision 5
  of  section 89-ppp of the general business law relating to the armored
  car carrier advisory board; to repeal section 403 of the general busi-
  ness law relating to  the  appearance  enhancement  industry  advisory
  committee;  to repeal section 433-a of the general business law relat-
  ing to the barbers board; to repeal subdivision 3 of section  789  and
  section  791  of  the general business law relating to the hearing aid
  dispensing advisory board; to repeal section 1507-a  of  the  not-for-
  profit  corporation  law relating to the state cemetery board citizens
  advisory council; to repeal subdivision 1 of section 444-b of the real
  property law relating to the state home inspection council; to  repeal
  section  844-a of the executive law relating to the New York statewide
  law enforcement telecommunications committee; to repeal section  160-c
  of  the  executive  law  relating  to  the  state board of real estate
  appraisal; to repeal section 154 of the  labor  law  relating  to  the
  child  performer  advisory board; to repeal section 870-n of the labor
  law, in relation to carnival, fair and amusement park safety  advisory
  board;  to  repeal section 2004-a of the public health law relating to
  the coordinating council for services related to  Alzheimer's  disease
  and other dementia; to repeal section 216 of the elder law relating to
  the creation of the advisory council to the recreation program for the
  elderly;  to  repeal  section  120 of the economic development law, in
  relation to the division of minority and women's business  development
  a  minority  and  women-owned  business  enterprise advisory board; to
  repeal article 28 of the executive law, in relation to the upstate and
  downstate tourism council; to repeal section 26 of chapter 115 of  the
  laws  of  2008  amending the racing, pari-mutuel wagering and breeding
  law and the public officers law relating to the  New  York  city  off-
  track  betting  corporation;  to  create a task force on the future of
  off-track betting in New York state; and to repeal certain  provisions
  of the racing, pari-mutuel wagering and breeding law relating thereto;
  to  amend  the  public  health  law, the business corporation law, the
  county law, the general business law, the general municipal  law,  the
  mental  hygiene  law,  the  not-for-profit corporation law, the social
  services law, the town law  and  the  workers'  compensation  law,  in
  relation to the public health and health planning council

S. 6613--A                          5                         A. 9713--A

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 19.06 of the mental hygiene law is REPEALED.
  S  2.  Subdivision  (c) of section 19.05 of the mental hygiene law, as
added by chapter 208 of the laws of 1996, is amended to read as follows:
  (c) The council shall meet at least [four]  TWO  times  in  each  full
calendar  year. The council shall meet at the request of its chairman or
the commissioner.
  S 3. Section 481-d of the social services law is REPEALED.
  S 4. The opening paragraph of subdivision 4,  subdivision  6  and  the
opening  paragraph  of  subdivision  8  of  section  481-e of the social
services law, as amended by chapter 268 of the laws of 1992, are amended
to read as follows:
  The commissioner[, with the advice and recommendations of the  William
B.  Hoyt  Memorial children and family trust fund advisory board,] shall
issue requests for proposals and specify methods to evaluate the  effec-
tiveness of proposed programs.  Such evaluation shall include but not be
limited to the following:
  6.  The commissioner[, with the advice of the William B. Hoyt Memorial
children and family trust fund  advisory  board,]  shall  publicize  the
availability  of  funds  to  be  used  for purposes of this section. The
commissioner shall request, on prescribed forms, information  determined
to be necessary and relevant for the evaluation of each application. The
commissioner  may  solicit  comments  on the applications from concerned
individuals and agencies. Applications for local grants shall be submit-
ted to the local commissioner of social services and to the local  youth
bureau  in the locality in which the program will operate and applicants
for local grants shall solicit comments on  the  application  from  such
local  commissioner of social services and such local youth bureau prior
to submitting such application to  the  commissioner.  Applicants  shall
inform  the  local  commissioner  of social services and the local youth
bureau that their comments upon the application may be submitted  either
to  the  applicant  or  to the commissioner or to both. The commissioner
shall give full consideration to any such comments received within twen-
ty-one days after the application deadline and shall review the applica-
tions in relation to relevant local plans before approving or disapprov-
ing  such  applications.    The  commissioner  shall  inform  the  local
commissioner  of social services and the local youth bureau of the final
disposition of the applications. No grant award shall be for a period in
excess of twelve months unless renewed by the  commissioner[,  with  the
advice  of  the  advisory  board].  The initial grant and the first year
renewal, if any, shall not exceed one hundred percent  of  the  cost  of
providing  the  service.  The third year grant, if any, shall not exceed
seventy-five percent of the initial grant. The fourth year grant and any
grant thereafter, if any, shall not exceed fifty percent of the  initial
grant. No program shall receive funding after the fourth year unless the
commissioner,  annually,  finds  that  the  program effectively prevents
family violence or provides a necessary service  to  victims  of  family
violence.
  The  commissioner  [with the advice and recommendations of the William
B. Hoyt Memorial children and family trust fund  advisory  board]  shall
submit  a  report  prior  to the fifteenth day of December beginning  in
nineteen hundred eighty-five and annually thereafter to the governor and
the legislature regarding  the  implementation  and  evaluation  of  the
effectiveness  of  prevention  and  treatment services related to family

S. 6613--A                          6                         A. 9713--A

violence. [Prior to submitting such reports  to  the  governor  and  the
legislature,  the commissioner shall permit the William B. Hoyt Memorial
children and family trust fund advisory board to review and comment upon
such reports.] Such report shall include:
  S 5. Sections 520 and 521 of the executive law are REPEALED.
  S 6. Section 372-a of the social services law is REPEALED.
  S 7. Sections 401 and 402 of the state technology law are REPEALED.
  S 8. Section 1-t of the legislative law is REPEALED.
  S  9. Subdivision 2 of section 161 of the state finance law is amended
by adding two new paragraphs n and o and a new subdivision 2-a is  added
to read as follows:
  N. PROVIDE ADVICE TO THE COMMISSION WITH RESPECT TO THE IMPLEMENTATION
OF THE PROVISIONS OF THIS ARTICLE AS SUCH PROVISIONS PERTAIN TO PROCURE-
MENT LOBBYING.
  O.  ANNUALLY REPORT TO THE LEGISLATURE ANY PROBLEMS IN THE IMPLEMENTA-
TION OF THE PROVISIONS OF ARTICLE ONE-A OF THE LEGISLATIVE LAW  AS  SUCH
PROVISIONS  PERTAIN  TO  PROCUREMENT LOBBYING, AND INCLUDE IN THE REPORT
ANY RECOMMENDED CHANGES TO INCREASE THE EFFECTIVENESS OF THAT  IMPLEMEN-
TATION.
  2-A. THE COUNCIL MAY, PURSUANT TO SECTION ONE HUNDRED THIRTY-NINE-J OF
THE STATE FINANCE LAW, ESTABLISH MODEL GUIDELINES FOR:
  A. CONTACTS DURING THE RESTRICTED PERIOD BETWEEN DESIGNATED STAFF OF A
STATE  AGENCY,  EITHER HOUSE OF THE STATE LEGISLATURE, THE UNIFIED COURT
SYSTEM, OR A MUNICIPAL AGENCY, AS THAT TERM IS DEFINED IN PARAGRAPH (II)
OF SUBDIVISION (S) OF SECTION ONE-C OF THE LEGISLATIVE LAW, INVOLVED  IN
GOVERNMENTAL  PROCUREMENTS  AND  OFFICERS  OR  EMPLOYEES OF OFFERERS, OR
OFFICERS OR EMPLOYEES OF SUBCONTRACTORS OF  OFFERERS,  WHO  ARE  CHARGED
WITH  THE  PERFORMANCE  OF  FUNCTIONS  RELATING TO CONTRACTS AND WHO ARE
QUALIFIED BY EDUCATION, TRAINING  OR  EXPERIENCE  TO  PROVIDE  TECHNICAL
SERVICES  TO  EXPLAIN,  CLARIFY OR DEMONSTRATE THE QUALITIES, CHARACTER-
ISTICS OR ADVANTAGES OF AN ARTICLE  OF  PROCUREMENT.    SUCH  AUTHORIZED
CONTACTS  SHALL:  (I)  BE LIMITED TO PROVIDING INFORMATION TO STAFF OF A
STATE AGENCY, EITHER HOUSE OF THE STATE LEGISLATURE, THE  UNIFIED  COURT
SYSTEM, OR A MUNICIPAL AGENCY, AS THAT TERM IS DEFINED IN PARAGRAPH (II)
OF  SUBDIVISION  (S)  OF SECTION ONE-C OF THE LEGISLATIVE LAW, TO ASSIST
THEM IN UNDERSTANDING AND ASSESSING THE  QUALITIES,  CHARACTERISTICS  OR
ANTICIPATED  PERFORMANCE  OF AN ARTICLE OF PROCUREMENT, (II) NOT INCLUDE
ANY RECOMMENDATIONS OR ADVOCATE ANY CONTRACT PROVISIONS, AND (III) OCCUR
ONLY AT SUCH TIMES AND IN SUCH MANNER AS AUTHORIZED UNDER THE  PROCURING
ENTITY'S  SOLICITATION OR GUIDELINES AND PROCEDURES. FOR THE PURPOSES OF
THIS PARAGRAPH, THE TERM "TECHNICAL SERVICES" SHALL BE LIMITED TO ANALY-
SIS DIRECTLY APPLYING ANY ACCOUNTING, ENGINEERING, SCIENTIFIC, OR  OTHER
SIMILAR TECHNICAL DISCIPLINES;
  B.  CONTACTS  BETWEEN  OFFERERS  AND  PUBLIC OFFICIALS AND OFFICERS OR
EMPLOYEES OF THE UNIFIED COURT SYSTEM DURING THE PREPARATION OF SPECIFI-
CATIONS, BID DOCUMENTS OR REQUEST FOR PROPOSALS, INVITATION FOR BIDS, OR
ANY OTHER METHOD FOR SOLICITING A RESPONSE FROM OFFERERS FOR A  PROCURE-
MENT CONTRACT PRIOR TO THE RESTRICTED PERIOD.
  S 10. The section heading of section 35 of the social services law, as
added by chapter 300 of the laws of 1992, is amended to read as follows:
  Legal  representation of individuals whose federal disability benefits
have been denied or may be discontinued[; advisory committee].
  S 11. Subdivision 1 of section 35  of  the  social  services  law,  as
amended  by  chapter  300  of  the  laws  of 1992, is amended to read as
follows:

S. 6613--A                          7                         A. 9713--A

  1. [a. There is hereby established within the department  an  advisory
committee on legal advocacy (hereinafter to be referred to as the "advi-
sory committee") which shall consist of nine members or their designated
representatives.  The  advisory committee shall consist of the following
nine  members:  the  commissioner  of mental health, the commissioner of
mental retardation and developmental disabilities, the advocate for  the
disabled  and  six  members  appointed  by the governor. The six members
appointed by the governor shall include three representatives of  inter-
ested public and private groups, and shall include three representatives
of  county  government  and  the city of New York to be appointed from a
list of six names submitted by the New York state association  of  coun-
ties.  The commissioner shall coordinate the functions and activities of
the department with those of the advisory committee.
  b.] The [advisory committee] COMMISSIONER shall [make  recommendations
regarding]  ESTABLISH  criteria  for  selection  of  grant applications,
review applications awarded pursuant to the provisions of this  section,
[make  recommendations  thereon  to  the  commissioner] and exercise and
perform such other [advisory] functions as are related to  the  purposes
of  this  section[;  provided  however  that the committee shall meet at
least once every six months].
  S 12. Subdivisions 2 and 4 of section 35 of the social  services  law,
subdivision  2  as  amended and subdivision 4 as added by chapter 300 of
the laws of 1992, are amended to read as follows:
  2. The commissioner[, after consultation with the advisory committee,]
shall make grants, within the amounts appropriated for that purpose,  to
not-for-profit  legal  services corporations and not-for-profit agencies
serving the disabled and local social services districts, to provide for
representation of persons whose federal  disability  benefits  including
supplemental  security  income  and social security disability insurance
have been denied or may be discontinued for the purpose of  representing
these  persons  in  appropriate  proceedings.  When the commissioner has
contracted with a local social services district to provide such  repre-
sentation,  the legislative body of such district may authorize and make
provision for the commissioner of social services  of  the  district  to
obtain  necessary  legal  services  on a fee for services basis or other
appropriate basis which the department may approve. Such legal  services
may  be provided by not-for-profit legal services corporations, not-for-
profit agencies serving the disabled or private attorneys.
  4. Responsibility for local financial participation  shall  be  deter-
mined  by  the  commissioner  based on either costs of and the number of
district residents served by each local entity or the  alternative  cost
allocation  procedure deemed appropriate by the commissioner [in consul-
tation with the advisory committee].
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. Intentionally omitted.
  S 16. Section 483-c of the social services law, as added by section  2
of  part  F2  of  chapter  62 of the laws of 2003, is amended to read as
follows:
  S 483-c. Coordinated children's services for children with  [emotional
and/or  behavioral  disorders]  CROSS-SYSTEM  NEEDS.    1.  Purpose. The
purpose of this section shall be to  [establish]  ENSURE  a  coordinated
system  of  care  for children [with emotional and behavioral disorders]
AND YOUTH, and their families,  who  require  assistance  from  multiple
agency  systems  to  [appropriately  maintain]  ENABLE such children AND
YOUTH TO REMAIN with their families, in their communities and  in  their

S. 6613--A                          8                         A. 9713--A

local  school  systems,  AND  TO THEREBY REDUCE INAPPROPRIATE AND COSTLY
OUT-OF-HOME PLACEMENTS.  Such INTEGRATED system of care shall provide  A
FRAMEWORK  for the effective collaboration among state and local health,
mental  hygiene,  education,  CHILD WELFARE, juvenile justice, probation
[of care] and other human services agencies [directed at  improving]  TO
IMPROVE  outcomes  for children [with emotional and/or behavioral disor-
ders and their families leading to full participation in their  communi-
ties  and  schools. This shall include children with co-occurring disor-
ders. The absence of coordinated care often results in inappropriate and
costly institutional placements  and  limited  community-based  services
that  support  maintaining  the  child in the community] AND YOUTH WHOSE
SIGNIFICANT EMOTIONAL,  DEVELOPMENTAL,  INTELLECTUAL,  PHYSICAL,  SOCIAL
AND/OR  BEHAVIORAL CHALLENGES REQUIRE THE INTEGRATION OF FAMILY-CENTERED
INDIVIDUALIZED  SUPPORTS  AND  SERVICES  ACROSS  MULTIPLE  CHILD-SERVING
SYSTEMS.  SUCH  SYSTEM  OF  CARE  SHALL BE DESIGNED TO BE CULTURALLY AND
LINGUISTICALLY COMPETENT AT EVERY LEVEL OF CARE.  [Establishing the] THE
coordinated children's services  initiative  statewide  is  intended  to
improve  the  manner in which services of multiple systems are delivered
and to eliminate barriers to a coordinated system of care.
  2. Definitions. As used in this section:
  (a) "Child [with an emotional and/or  behavioral  disorder]  OR  YOUTH
WITH  CROSS-SYSTEM  NEEDS"  shall mean a person [under eighteen years of
age, or a person under twenty-one years of age  who  has  not  completed
secondary  school,  who  has a mental illness, as defined in subdivision
twenty of section 1.03 of the mental hygiene law, or is classified as  a
student  with a disability pursuant to article eighty-nine of the educa-
tion law or section 504 of the federal rehabilitation act, or is consid-
ered to have a serious emotional or behavioral problem, as considered by
a tier I and/or tier II team representative pursuant  to  this  section.
Such  term  shall  include children with co-occurring disorders] WHO HAS
SIGNIFICANT EMOTIONAL,  DEVELOPMENTAL,  INTELLECTUAL,  PHYSICAL,  SOCIAL
AND/OR BEHAVIORAL CHALLENGES THAT REQUIRE THE INTEGRATION OF FAMILY-CEN-
TERED INDIVIDUALIZED SUPPORTS AND SERVICES UNDER THE JURISDICTION OF TWO
OR MORE STATE DEPARTMENTS OR AGENCIES.
  (b)  "Individualized  family support plan" shall mean a plan developed
in conjunction with the family through a strength-based child and family
assessment containing a summary of the strengths, needs and goals  of  a
child OR YOUTH with [an emotional and/or behavioral disorder] CROSS-SYS-
TEM  NEEDS,  and  the  services  and  supports agreed to by the child OR
YOUTH, family and the [tier I] FAMILY-BASED team representatives.   SUCH
PLAN SHALL BE CULTURALLY AND LINGUISTICALLY COMPETENT.
  (c)  "Family"  shall mean, when appropriate, a child OR YOUTH with [an
emotional and/or behavioral disorder] CROSS-SYSTEM  NEEDS,  his  or  her
parents  or  those in parental relationship to the child OR YOUTH, blood
relatives and extended family, including non-relatives identified by the
child OR YOUTH and/or  HIS  OR  HER  parents  OR  THOSE  IN  A  PARENTAL
RELATIONSHIP  TO HIM OR HER.  Nothing in this section shall be construed
to deny the child OR YOUTH, his or  her  parents  or  those  persons  in
parental  relationship  to [the] SUCH child OR YOUTH of any rights [they
are] HE OR SHE IS otherwise entitled to by law.
  (d) "County" shall mean a county, except in the case of a county  that
is wholly included within a city, such term shall mean such city.
  (e)  "Family  [support] representative" shall mean [a volunteer who is
also] a parent [or  primary  caregiver  of]  OR  PERSON  IN  A  PARENTAL
RELATIONSHIP  TO  a  child OR YOUTH with [an emotional and/or behavioral
disorder] CROSS-SYSTEM NEEDS.  The family [support] representative shall

S. 6613--A                          9                         A. 9713--A

assist families throughout the process of  developing  and  implementing
[an]  individualized  family  support  [plan]  PLANS  as defined in this
section.
  (F)   "SYSTEM   OF   CARE"   SHALL   MEAN  A  COORDINATED  NETWORK  OF
COMMUNITY-BASED SERVICES AND SUPPORTS  THAT  ARE  CREATED  BY  CHILDREN,
YOUTH  AND FAMILIES WORKING IN PARTNERSHIP WITH PUBLIC AND PRIVATE AGEN-
CIES TO BUILD ON THE STRENGTHS OF  INDIVIDUALS  AND  THAT  ADDRESS  EACH
PERSON'S CULTURAL AND LINGUISTIC NEEDS.
  (G) "YOUTH REPRESENTATIVE" SHALL MEAN A YOUTH WHO IS CURRENTLY, OR WAS
PREVIOUSLY,  ENGAGED  WITH  ONE  OR MORE CHILD- AND FAMILY-SERVING HUMAN
SERVICE SYSTEMS. THE YOUTH REPRESENTATIVE SHALL ASSIST YOUTH  AND  FAMI-
LIES  IN  THE  DEVELOPMENT  OF  INDIVIDUALIZED  FAMILY  SUPPORT PLANS AS
DEFINED IN THIS SECTION.
  3. [Interagency] COORDINATED CHILDREN'S SERVICES INITIATIVE structure;
ROLES AND RESPONSIBILITIES.   (a) [There shall be  established  a  three
tiered interagency structure, as follows:
  (i)  State  tier  III  team.  There is hereby established a state team
designated as the "tier III team", which shall consist of the  chair  of
the  council,  the commissioners of children and family services, mental
health, health, education, alcohol and  substance  abuse  services,  and
mental  retardation  and developmental disabilities, and the director of
probation and correctional alternatives, or their  designated  represen-
tatives,  and  representatives  of  families  of children with emotional
and/or behavioral disorders. Other representatives may be added  at  the
discretion of such team.
  (ii)  County tier II team. A] THE EXECUTIVE DIRECTOR OF THE COUNCIL ON
CHILDREN AND FAMILIES SHALL OVERSEE AND COORDINATE THE IMPLEMENTATION OF
THE COORDINATED CHILDREN'S SERVICES INITIATIVE WITH THE COMMISSIONER  OF
CHILDREN  AND  FAMILY  SERVICES,  THE COMMISSIONER OF MENTAL HEALTH, THE
COMMISSIONER OF MENTAL RETARDATION AND DEVELOPMENTAL  DISABILITIES,  THE
COMMISSIONER  OF HEALTH, THE COMMISSIONER OF EDUCATION, THE COMMISSIONER
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE COMMISSIONER  OF  TEMPO-
RARY  AND  DISABILITY  ASSISTANCE, THE DIRECTOR OF PROBATION AND CORREC-
TIONAL ALTERNATIVES, THE CHAIR OF THE COMMISSION ON QUALITY OF CARE  AND
ADVOCACY  FOR  PERSONS WITH DISABILITIES, AND YOUTH AND FAMILIES REPRES-
ENTING CHILDREN WITH CROSS-SYSTEM NEEDS  WHO  SHALL  BE  CHOSEN  BY  THE
PARTICIPATING  STATE  AGENCIES.  UNDER  THE LEADERSHIP OF THE COUNCIL ON
CHILDREN AND FAMILIES, THE STATE LEVEL COORDINATED  CHILDREN'S  SERVICES
INITIATIVE REPRESENTATIVES SHALL:
  (I) ESTABLISH CROSS-SYSTEMS PRIORITIES;
  (II) DEVELOP SHARED PRINCIPLES OF OPERATION, INCLUDING BUT NOT LIMITED
TO A SYSTEM OF CARE THAT IS CULTURALLY AND LINGUISTICALLY COMPETENT;
  (III) ADDRESS CROSS-SYSTEMS BARRIERS; AND
  (IV)  DEVELOP A REPORTING MECHANISM IN COLLABORATION WITH THE REGIONAL
AND COUNTY TEAMS TO TRACK OUTCOMES ACHIEVED  BY  THE  COORDINATED  CHIL-
DREN'S SERVICES INITIATIVE.
  (B)   COORDINATED  CHILDREN'S  SERVICES  REGIONAL  TEAMS  (HEREINAFTER
REFERRED TO IN THIS SECTION AS "REGIONAL TEAMS"). EXCEPT AS PROVIDED  IN
PARAGRAPH  (C)  OF  THIS SUBDIVISION, MEMBERSHIP ON REGIONAL TEAMS SHALL
INCLUDE REGIONAL STAFF OF PARTICIPATING STATE AGENCIES, AS WELL AS FAMI-
LY AND YOUTH REPRESENTATIVES. THE REGIONAL TEAMS SHALL:
  (I) ACT AS A LIAISON BETWEEN THE COUNCIL ON CHILDREN AND FAMILIES  AND
COUNTY TEAMS;
  (II) ASSIST WITH THE RESOLUTION OF CROSS-SYSTEMS BARRIERS;
  (III)  PROVIDE  CROSS-SYSTEMS  TRAINING  AND TECHNICAL ASSISTANCE ON A
LOCAL AND REGIONAL LEVEL; AND

S. 6613--A                         10                         A. 9713--A

  (IV) PROMOTE SERVICES THAT ARE CULTURALLY  AND  LINGUISTICALLY  COMPE-
TENT.
  (C)  IN A CITY WITH A POPULATION OF MORE THAN ONE MILLION PERSONS, THE
MAYOR SHALL ESTABLISH THE REGIONAL TEAM FOR SUCH CITY. THE MEMBERSHIP ON
SUCH TEAM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE REQUIRED  MEMBERSHIP
OF THE REGIONAL TEAM, AS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION,
AND  THE COUNTY TEAM, AS DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION.
SUCH TEAM SHALL HAVE THE POWERS AND DUTIES ASSIGNED TO A  REGIONAL  TEAM
AND A COUNTY TEAM AS PROVIDED FOR IN THIS SECTION.
  (D) COORDINATED CHILDREN'S SERVICES COUNTY TEAMS (HEREINAFTER REFERRED
TO IN THIS SECTION AS "COUNTY TEAMS"). WITH THE EXCEPTION OF A CITY WITH
A  POPULATION OF MORE THAN ONE MILLION, A county, or consortium of coun-
ties, choosing to participate in  the  coordinated  children's  services
initiative  shall  establish  an interagency team consisting of, but not
limited to, the local commissioners or leadership assigned by the  chief
elected official responsible for the local health, mental hygiene, juve-
nile  justice, probation and other human services systems. The education
system shall be represented, AT A MINIMUM, by the  district  superinten-
dent  of  the  board  of cooperative educational services, or his or her
designee, and in the case of the city of New York, by the chancellor  of
the  city  school district of the city of New York, or his or her desig-
nee, and appropriate local school district representatives as determined
by the district superintendent of the board of  cooperative  educational
services  or such chancellor. Such team shall [be sensitive to issues of
cultural competence, and shall] include representatives of  families  of
children  AND  YOUTH  with  [an  emotional  and/or  behavioral disorder]
CROSS-SYSTEM NEEDS. Regional state agency  representatives  may  partic-
ipate when requested by such team.
  [(iii)  Family-based  tier I team. Tier II] COUNTY TEAMS SHALL COORDI-
NATE THE COORDINATED CHILDREN'S SERVICES INITIATIVE AT THE LOCAL  LEVEL.
SUCH TEAMS SHALL:
  (I)  COORDINATE  CROSS-SYSTEMS  TRAINING AND PROVIDE LINKAGES TO OTHER
COUNTY AND SCHOOL DISTRICT PLANNING FOR CHILDREN;
  (II) ADDRESS LOCAL  AND  REGIONAL  BARRIERS  TO  THE  COORDINATION  OF
SERVICES;
  (III)  REPORT  ON  STATE  LEVEL  BARRIERS TO THE EFFECTIVE DELIVERY OF
COORDINATED SERVICES;
  (IV) REPORT ON OUTCOMES USING THE MECHANISM DEVELOPED BY  THE  COUNCIL
ON CHILDREN AND FAMILIES;
  (V)  IMPLEMENT  THE GOALS AND PRINCIPLES OF THE COORDINATED CHILDREN'S
SERVICES INITIATIVE;
  (VI) ENSURE THAT SERVICES ARE CULTURALLY AND LINGUISTICALLY COMPETENT;
AND
  (VII) MAKE MONIES AVAILABLE CONSISTENT WITH SUBDIVISION FIVE  OF  THIS
SECTION.
  (E)  COORDINATED  CHILDREN'S  SERVICES FAMILY-BASED TEAMS (HEREINAFTER
REFERRED TO IN THIS SECTION AS "FAMILY TEAMS"). COUNTY teams, in cooper-
ation with a child OR YOUTH with [an emotional and/or behavioral  disor-
der]  CROSS-SYSTEM  NEEDS and his or her family, shall establish intera-
gency FAMILY-BASED teams to work with such child OR YOUTH and family  to
develop  an individualized, strength-based family support plan and coor-
dinate interagency services agreed to in such  plan.  Such  teams  shall
include  such  child  OR YOUTH and family and, based on the needs of the
child OR YOUTH and family, should also include a family  support  repre-
sentative,  representatives  from  the  mental hygiene, education, CHILD

S. 6613--A                         11                         A. 9713--A

WELFARE, juvenile justice, probation, health, and other county child and
family services systems.
  [(b)  Roles and responsibilities of teams. (i) The state tier III team
shall coordinate statewide implementation of the coordinated  children's
services initiative. Such team shall:
  (A)  coordinate planning across the health, mental hygiene, education,
juvenile justice, probation and human services systems;
  (B) address barriers to the effective delivery  of  local  interagency
services;
  (C)  coordinate the provision of technical assistance and training for
the effective implementation  of  the  coordinated  children's  services
initiative;
  (D)  develop  an appropriate reporting mechanism to track the outcomes
being achieved. Such  mechanism  shall  be  developed  in  concert  with
participating counties; and
  (E)  report  results  and  recommendations for change to the governor,
legislature and state board of regents, as appropriate.
  (ii) The tier II teams shall  coordinate  the  coordinated  children's
services initiative at the local level. Such team shall:
  (A)  coordinate  cross-systems  training and provide linkages to other
county and school district planning for children;
  (B) address local/regional barriers to the coordination of services;
  (C) report on state level barriers to the effective delivery of  coor-
dinated services and recommended changes to the state tier III team;
  (D) report on outcomes using the mechanism developed by the state tier
III team;
  (E)  implement  the goals and principles of the coordinated children's
services initiative; and
  (F) make monies available consistent with  subdivision  five  of  this
section.
  (iii)  Each  tier I team shall work collaboratively with the family to
develop an individualized family support plan that is:
  (A) family-focused and family driven;
  (B) built on child and family strengths; and
  (C) comprehensive, including appropriate services  and  supports  from
appropriate systems and natural supports from the community.] EACH FAMI-
LY  TEAM  SHALL WORK COLLABORATIVELY WITH THE FAMILY TO DEVELOP AN INDI-
VIDUALIZED FAMILY SUPPORT PLAN THAT IS:
  (I) FAMILY FOCUSED AND FAMILY DRIVEN;
  (II) BUILT ON CHILD AND FAMILY STRENGTHS;
  (III) CULTURALLY AND LINGUISTICALLY COMPETENT; AND
  (IV) COMPREHENSIVE, INCLUDING APPROPRIATE SERVICES AND  SUPPORTS  FROM
APPROPRIATE SYSTEMS AND NATURAL SUPPORTS FROM THE COMMUNITY.
  4. Goals and principles of operation. (a) Goals. The coordinated chil-
dren's   services  initiative  shall  enable  children  AND  YOUTH  with
[emotional and/or behavioral  disorders]  CROSS-SYSTEM  NEEDS,  whenever
appropriate [for the child and family] to:
  (i) reside with their families;
  (ii) live and participate successfully in their communities;
  (iii) attend and be successful in their local school systems; and
  (iv)  grow  towards  becoming independent, contributing members of the
community.
  (b) Principles of operation. The [tier III and II  teams]  COORDINATED
CHILDREN'S  SERVICES INITIATIVE shall provide a system for serving chil-
dren AND YOUTH with [emotional and/or behavioral disorders] CROSS-SYSTEM
NEEDS that is:

S. 6613--A                         12                         A. 9713--A

  (i) community-based, allowing  children  AND  YOUTH  and  families  to
receive services close to their home;
  (ii) culturally AND LINGUISTICALLY competent;
  (iii) individualized and strengths-based in approach;
  (iv) family friendly, involving the family as full and active partners
at  every  level of decision making, including policy development, plan-
ning, treatment and service delivery;
  (v) comprehensive, involving all appropriate  parties,  including  but
not  limited  to  the family, child OR YOUTH, YOUTH AND FAMILY REPRESEN-
TATIVES, natural supports, provider agencies and other necessary  commu-
nity services;
  (vi)  funded through multiple systems with flexible funding mechanisms
that support creative approaches;
  (vii) unconditionally committed to the success of each child OR YOUTH;
and
  (viii) accountable with respect to  use  of  agreed  on  and  measured
outcomes.
  5. Funding. Counties and school districts, including boards of cooper-
ative  educational  services as requested by component school districts,
choosing to participate in the coordinated  children's  services  initi-
ative, unless expressly prohibited by law, shall have the authority to:
  (a)  combine  state  and federal resources of the participating county
and educational agencies to provide services  to  groups  or  individual
children  OR  YOUTHS  and  their families necessary to maintain children
[with emotional and/or behavioral disorders] AND YOUTH, WHO HAVE SIGNIF-
ICANT EMOTIONAL, DEVELOPMENTAL, INTELLECTUAL,  PHYSICAL,  SOCIAL  AND/OR
BEHAVIORAL  CHALLENGES  THAT  REQUIRE THE INTEGRATION OF FAMILY-CENTERED
INDIVIDUALIZED  SUPPORTS  AND  SERVICES  ACROSS  MULTIPLE  CHILD-SERVING
SYSTEMS,  in  their homes, communities and schools, and support families
in achieving this goal, as long as the use of the  funds  is  consistent
with the purposes for which they were appropriated; and
  (b)  apply  flexibility in use of funds, pursuant to an individualized
family-support plan, or for collaborative programs, an  agreement  among
the county, city and school districts or the board of cooperative educa-
tional  services,  monies  combined  pursuant  to  paragraph (a) of this
subdivision may be used to allow flexibility in determining and applying
interventions that will address the unique needs  of  the  family.  [The
tier  III  team]  IN ACCORDANCE WITH THE COORDINATED CHILDREN'S SERVICES
INITIATIVE, THE COUNCIL ON CHILDREN AND FAMILIES  shall  develop  guide-
lines  for  the  flexible use of funds in implementing an individualized
family support plan.
  6. Administration [and reports. The council shall be  responsible  for
the administration of the provisions of this section].
  (a)  [The tier III team shall submit a report to the council detailing
the effectiveness in reaching the goals and objectives  of  the  program
established  by this section. Such report shall include recommendations,
based on the experience gained pursuant to the provisions of this  arti-
cle,  for  modifying  statewide  policies,  regulations or statutes. The
council shall forward such report to the governor, the  legislature  and
the  state  board  of regents on or before the first day of July of each
year, including the recommendations of the tier  III  members  regarding
the feasibility and implications of implementing the recommendations.
  (b)  The  tier III team] IN ACCORDANCE WITH THE COORDINATED CHILDREN'S
SERVICES INITIATIVE, THE COUNCIL ON CHILDREN  AND  FAMILIES  shall  have
authority  to receive funds and work within agency structures, as agreed
to by [member] PARTICIPATING COORDINATED CHILDREN'S SERVICES  INITIATIVE

S. 6613--A                         13                         A. 9713--A

agencies,  to  administer  funds  for  the  purposes of carrying out its
responsibilities.
  [(c)  Parents  and  representatives  of families] (B) YOUTH AND FAMILY
REPRESENTATIVES, who are not compensated for [attendance]  PARTICIPATION
as  part  of  their employment, shall be compensated for their [tier III
team] COORDINATED CHILDREN'S SERVICES INITIATIVE  participation  AT  THE
STATE  LEVEL  and  reimbursed  for  actual  expenses, including, but not
limited to, child care.
  7. Confidentiality. (a) Notwithstanding any other provision  of  state
law  to  the contrary, [tier I, II and III] STATE AGENCY REPRESENTATIVES
AND REGIONAL, COUNTY, AND FAMILY team participants  in  the  coordinated
children's  services system shall have access to case record and related
treatment information as necessary  to  support  the  purposes  of  this
section, to the extent permitted by federal law.
  (b)  [Tier  I,  II  and  III team] ALL COORDINATED CHILDREN'S SERVICES
participants shall protect the confidentiality of all individual identi-
fying case record and related treatment information, and prevent  access
thereto,  by,  or the distribution thereof to, other persons not author-
ized by State or federal law.
  S 17. Section 14 of chapter 74 of the laws of 2007, amending the penal
law and other laws relating to human trafficking, is amended to read  as
follows:
  S  14.    This  act  shall  take  effect on the first of November next
succeeding the date on which it shall have become a law;  provided  that
section 483-ee of the social services law, as added by section eleven of
this  act,  shall take effect immediately and shall remain in full force
and effect until [September 1] MARCH 31, 2011 when upon  such  date  the
provisions  of  such  section  shall  expire  and  be  deemed  repealed.
Provided, effective immediately, the addition, amendment  and/or  repeal
of any rule or regulation necessary for the timely implementation of the
provisions  of  article  10-D  of  the  social services law, as added by
section eleven of this act, on its effective date are authorized  to  be
made on or before such effective date.
  S 18. Section 1 of chapter 884 of the laws of 1982 relating to requir-
ing  the governor to submit to the legislature detailed reports for each
federal block grant, is amended to read as follows:
  Section 1.   Notwithstanding any  inconsistent  provision  of  chapter
fifty  or  fifty-three of the laws of nineteen hundred eighty-two, or of
any other inconsistent provision of law, the governor  shall  submit  to
the  legislature  detailed  reports  for  each federal block grant. Such
reports must be filed prior to submission of applications or plans which
are required by the federal government at the inception of  block  grant
funding  and  at  the beginning of each federal fiscal year. Such report
must include information concerning anticipated  funding  levels;  state
funds required; allocation formula to counties and /or providers; admin-
istrative  costs;  allocation  of  discretionary funds; allocation among
services; transfers between block grants; any eligibility  requirements;
and, the estimated number of persons to be served. Reports in the second
year  should  include data concerning the prior year's administration of
the grant.
  The governor shall require each executive agency which  administers  a
block  grant to establish an advisory council, EXCEPT THAT THIS REQUIRE-
MENT SHALL NOT APPLY TO THE ADMINISTRATION OF  THE  MATERNAL  AND  CHILD
HEALTH SERVICES BLOCK GRANT AUTHORIZED BY TITLE V OF THE SOCIAL SECURITY
ACT,  THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT AUTHORIZED
BY PART A OF TITLE IV OF THE SOCIAL SECURITY  ACT,  AND  THE  LOW-INCOME

S. 6613--A                         14                         A. 9713--A

HOME  ENERGY ASSISTANCE BLOCK GRANT AUTHORIZED BY SUBCHAPTER II OF CHAP-
TER 94 OF TITLE 42 OF THE UNITED STATES CODE,  ON  AND  AFTER  APRIL  1,
2010.  Such councils must include representatives from local government,
private  non-profit  providers  and the public.  One-half of the members
shall be appointed by the governor, one-quarter shall  be  appointed  by
the temporary president of the senate and one-quarter shall be appointed
by  the  speaker of the assembly. Advisory councils must be consulted in
the preparation of reports and in the development  of  applications  and
plans for the block grants.
  S 19. Sections 2407 and 2408 of the public health law are REPEALED.
  S 20. Intentionally omitted.
  S 21. Intentionally omitted.
  S  22.  Subdivision 3 of section 554 of the executive law, as added by
chapter 299 of the laws of 2008, is amended to read as follows:
  3. The advisory council shall submit a written report to the  governor
and  legislature  on or before December thirty-first, two thousand [nine
and annually thereafter, setting] ELEVEN THAT SETS forth the  [recommen-
dations  and] activities AND ANY RECOMMENDATIONS of the advisory council
on matters within the scope of its powers and duties  as  set  forth  in
this  section[,  and describing the progress made regarding policies and
priorities for effective intervention,  public  education  and  advocacy
against youth violence].
  S  23. Section 3 of chapter 178 of the laws of 2006 relating to estab-
lishing an advisory council on children's environmental health and safe-
ty, is amended to read as follows:
  S 3.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law AND SHALL EXPIRE AND BE DEEMED REPEALED
ON  MARCH 31, 2013; provided that the commissioners of health, education
and environmental conservation are authorized to promulgate any and  all
rules and regulations and take any other measures necessary to implement
this act on its effective date on or before such date.
  S 24. Intentionally omitted.
  S 25. Intentionally omitted.
  S 26. Intentionally omitted.
  S 27. Section 3402 of the public health law is REPEALED.
  S 28. Intentionally omitted.
  S 29. Section 364-jj of the social services law is REPEALED.
  S  30.  Subdivision 4 of section 18 of the public health law, as added
by chapter 497 of the laws of 1986, is amended to read as follows:
  4. Medical record access review  committees.  The  commissioner  shall
[appoint]  DESIGNATE  medical  record  access  review committees to hear
appeals of the denial of access to patient information  as  provided  in
paragraph  (e)  of  subdivision  three of this section. [Members of such
committees shall be appointed by the commissioner from a list  of  nomi-
nees  submitted by statewide associations of providers in the particular
licensed profession involved; provided, however, that, with  respect  to
patient  information  maintained by a psychiatrist, the list of nominees
shall be composed of psychiatrists. In the case of the  licensed  physi-
cians, such association shall be the medical society of the state of New
York.  Such  medical record access review committees shall consist of no
less than three nor more than five licensed professionals.] The  commis-
sioner  shall  promulgate  rules and regulations necessary to effectuate
the provisions of this subdivision.
  S 31. Section 12 of chapter 521 of  the  laws  of  1994  amending  the
public  health  law  relating  to  immunizations for vaccine-preventable

S. 6613--A                         15                         A. 9713--A

diseases, as amended by chapter 81 of the laws of 2007,  is  amended  to
read as follows:
  S  12.  This act shall take effect immediately; provided however, that
sections one, two, three, four, five, six and seven of  this  act  shall
apply  only  to  children beginning with their enrollment in the seventh
grade in any public, private or parochial intermediate or middle  school
on or after September 1, 2000, and, to children born on or after January
1, 1993, beginning with their enrollment in any public, private or paro-
chial  kindergarten,  elementary, intermediate or secondary school, and,
to children born on or after  January  1,  1995,  beginning  with  their
enrollment  in any school, as defined in paragraph a of subdivision 1 of
section 2164 of the public health law and SECTION TEN OF THIS ACT  SHALL
EXPIRE  AND  BE DEEMED REPEALED APRIL 1, 2010 AND section eleven of this
act shall expire and be deemed repealed December 31, 2007.
  S 31-a. Subdivision 5 of section 2409 of the  public  health  law,  as
added by chapter 300 of the laws of 1995, is REPEALED.
  S 32. Section 2707 of the public health law is REPEALED.
  S  33. Subdivisions 6 and 7 of section 2807-n of the public health law
are REPEALED.
  S 34. Subdivisions 1, 2, 3, 4 and 5 of section 2807-n  of  the  public
health law, as added by section 63-f of part C of chapter 58 of the laws
of 2007, paragraph (b) of subdivision 2 as amended by chapter 409 of the
laws of 2007, are amended to read as follows:
  1. Definitions. The following words or phrases as used in this section
shall have the following meanings:
  (a)  "Palliative  care"  shall  mean (i) the active, interdisciplinary
care of patients with  advanced,  life  limiting  illness,  focusing  on
relief  of  distressing  physical  and psychosocial symptoms and meeting
spiritual needs. Its goal is achievement of the best quality of life for
patients and families as defined by paragraph (b) of subdivision two  of
section  four  thousand twelve-b of this chapter; and (ii) it shall also
include similar care for patients with chronic or acute pain.
  (b) "Palliative care certified medical school" shall  mean  a  medical
school  in the state which is an institution granting a degree of doctor
of medicine or doctor of osteopathic medicine in accordance  with  regu-
lations  by  the  commissioner  of  education  under  subdivision two of
section sixty-five hundred twenty-four of the education law,  and  which
meets  standards defined by the commissioner of health[, after consulta-
tion with the council,] pursuant to regulations, and used  to  determine
whether a medical school is eligible for funding under this section.
  (c)  "Palliative care certified residency program" shall mean a gradu-
ate medical education program in the state which has  received  accredi-
tation  from  a  nationally recognized accreditation body for medical or
osteopathic residency programs, and which meets standards defined by the
commissioner[, after consultation with the council,] pursuant  to  regu-
lations,  and  used to determine whether a residency training program is
eligible for funding under this section.
  [(d) "New York state palliative care education and  training  council"
or "council" shall mean the New York state palliative care education and
training  council  established  pursuant  to  subdivision  six  of  this
section.]
  2. Grants for undergraduate medical education in palliative care.  (a)
The  commissioner  is  authorized,  within amounts appropriated for such
purpose to make grants to palliative care certified medical  schools  to
enhance  the  study  of  palliative care, increase the opportunities for

S. 6613--A                         16                         A. 9713--A

undergraduate medical education in palliative  care  and  encourage  the
education of physicians in palliative care.
  (b)  Grant  proceeds  under  this  subdivision may be used for faculty
development in palliative care; recruitment of faculty with expertise in
palliative care; costs incurred teaching medical students  at  hospital-
based  sites,  non-hospital-based  ambulatory  care settings, palliative
care sites, hospices, certified home health agencies, licensed long term
home health care programs and AIDS home care programs including, but not
limited to,  personnel,  administration  and  student-related  expenses;
expansion or development of programs that train physicians in palliative
care;  and other innovative programs designed to increase the competency
of medical students to provide hospice or palliative care.
  (c) Grants under this subdivision shall be awarded by the commissioner
through a competitive application process [to the council.  The  council
shall  make  recommendations for funding to the commissioner]. In making
awards, consideration shall be given to applicants who:
  (i) plan to incorporate palliative care longitudinally throughout  the
medical  school curriculum according to professionally recognized stand-
ards including, but not limited to, a plan that covers the seven domains
identified in the Palliative Education Assessment Tool (PEAT) as  devel-
oped  by  the  New  York  Academy of Medicine and the Associated Medical
Schools of New York State and Weill Cornell Medical College;
  (ii) function in collaboration  with  hospital-based  palliative  care
programs and non-hospital-based sites; and
  (iii) make complementary efforts to recruit or train qualified faculty
in palliative care education.
  (d)  The  intent of this subdivision is to augment or increase pallia-
tive care undergraduate medical education. Grant funding  shall  not  be
used  to  offset existing expenditures that the medical school has obli-
gated or intends to obligate for palliative care education programs.
  3. Grants for graduate medical education in palliative care.  (a)  The
commissioner is authorized, within amounts appropriated for such purpose
to  make grants in support of palliative care certified residency educa-
tion programs to establish or expand education in  palliative  care  for
graduate medical education, and to increase the opportunities for train-
ee  education  in  palliative  care  in  hospital-based  palliative care
programs or non-hospital-based care sites.
  (b) Grants under this subdivision for graduate medical  education  and
education  in  palliative  care  may be used for administration, faculty
recruitment and development, start-up costs and costs incurred  teaching
palliative care in hospital-based palliative care programs or non-hospi-
tal-based care sites, including, but not limited to, personnel, adminis-
tration  and  trainee related expenses and other expenses judged reason-
able and necessary by the commissioner.
  (c) Grants under this subdivision shall be awarded by the commissioner
through a competitive application process [to the council.  The  council
shall  make  recommendations for funding to the commissioner]. In making
awards, the commissioner shall consider the extent to which  the  appli-
cant:
  (i) plans to incorporate palliative care longitudinally throughout the
residency training program according to professionally recognized stand-
ards including, but not limited to, a plan that covers the seven domains
identified  in the Palliative Education Assessment Tool (PEAT) as devel-
oped by the New York Academy of  Medicine  and  the  Associated  Medical
Schools of New York State and Weill Cornell Medical College;

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  (ii)  functions  in  collaboration with hospital-based palliative care
programs or non-hospital-based sites, or both; and
  (iii) makes complementary efforts to recruit or train qualified facul-
ty in palliative care education.
  (d)  The intent of this subdivision is to augment or increase training
in palliative care during residency. Grant funding shall not be used  to
offset existing expenditures the institution or program has obligated or
intends to obligate for such training programs.
  4.  Centers  for  palliative  care  excellence. The commissioner shall
designate organizations licensed pursuant to this  article  and  article
forty  of  this  chapter,  upon  successful  application, as centers for
palliative care excellence. Such designations shall be  pursuant  to  an
application  [as  designed  by  the  department,]  and based on service,
staffing and other criteria [as] developed by the [council]  DEPARTMENT.
Such  centers  of  excellence shall provide specialized palliative care,
treatment, education and related services. Designation as a  center  for
palliative  care  excellence  shall  not  entitle  a  center to enhanced
reimbursement, but may be utilized in  outreach  and  other  promotional
activities.
  5.  Palliative  care practitioner resource centers. The commissioner[,
in consultation with the council,] may designate palliative care practi-
tioner resource centers (a "resource center"). A resource center may  be
statewide  or  regional, and shall act as a source of technical informa-
tion and guidance for practitioners on the latest palliative care strat-
egies, therapies and medications. The department[, in consultation  with
the  council,] may contract with not-for-profit organizations or associ-
ations to establish and manage resource centers. A resource  center  may
charge a fee to defray the cost of the service.
  S 35. Title 1-C of article 24 of the public health law is REPEALED.
  S  36.  Subdivision  13  of  section  3501 of the public health law is
REPEALED.
  S 37. Section 3503 of the public health law is REPEALED.
  S 38. Section 3504 of the public health law, as added by  chapter  175
of the laws of 2006, is amended to read as follows:
  S  3504.  Rules  and regulations. The commissioner shall have power to
make such rules and regulations, not inconsistent with law,  as  may  be
necessary to carry out the provisions of this article, including but not
limited  to,  the  availability  of  emergency  equipment appropriate to
provide treatment in the event  of  an  unanticipated  reaction  to  the
administration  of contrast media. [In promulgating such rules and regu-
lations, the commissioner shall  act  with  benefit  of  advice  of  the
board.]
  S 39. Subdivision 1 of section 3511 of the public health law, as added
by chapter 175 of the laws of 2006, is amended to read as follows:
  1.  Proceedings against any licensee under this section shall be begun
by filing with the department a written charge or charges in the form of
a petition  under  oath  against  such  licensee.  The  charges  may  be
preferred  by any person, corporation, association or public officer, or
by the department in the first instance. [A copy thereof, together  with
a  report  of  such  investigation  as the department shall deem proper,
shall be referred to the board for its recommendation to the commission-
er.]
  S 40. Title 4 of article 2 of the public health law is REPEALED.
  S 41. Section 4 of chapter 387 of the laws of 2004 amending the  envi-
ronmental  conservation  law  relating to restricting the use of certain
flame retardants, is amended to read as follows:

S. 6613--A                         18                         A. 9713--A

  S 4. This act shall take effect immediately; provided,  however,  that
sections  one  and  two  of  this act shall take effect January 1, 2006;
provided, however that effective immediately,  the  addition,  amendment
and/or repeal of any rule or regulation necessary for the implementation
of  this act on its effective date is authorized and directed to be made
and completed on or before such effective date;  AND  PROVIDED,  HOWEVER
THAT  SECTION  THREE  OF  THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT
UNTIL APRIL 1, 2013 WHEN UPON SUCH DATE THE PROVISIONS OF  SUCH  SECTION
SHALL EXPIRE AND BE DEEMED REPEALED.
  S 42. Intentionally omitted.
  S 43. Section 3 of chapter 356 of the laws of 2005 amending the public
health  law  relating to establishing the New York state toxic mold task
force, is amended to read as follows:
  S 3. This act shall take effect immediately AND SHALL REMAIN  IN  FULL
FORCE  AND EFFECT UNTIL APRIL 1, 2012 WHEN UPON SUCH DATE THE PROVISIONS
OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED.
  S 44. Section 2 of chapter 41 of the laws of  1992  containing  health
care provider reimbursement rates, is REPEALED.
  S 45. Chapter 554 of the laws of 1996 creating the Brookhaven National
Laboratory local oversight and monitoring committee, is REPEALED.
  S  46.  Section  18  of  chapter  537 of the laws of 1998 amending the
public health law relating to modifying the use  of  prescription  forms
for dispensing controlled substances, is REPEALED.
  S  47.  Subdivision  7  of  section  502  of  the public health law is
REPEALED and subdivisions 8, 9 and 10 are renumbered subdivisions  7,  8
and 9.
  S  48.  Section  123 of chapter 1 of the laws of 1999 enacting the New
York Health Care Reform Act of 2000, is REPEALED.
  S 49. Section 3604 of the public health law is REPEALED.
  S 50. Subdivision 9 of section 3607  of  the  public  health  law,  as
amended  by chapter 831 of the laws of 1985 and as renumbered by chapter
891 of the laws of 1990, is amended to read as follows:
  9. The commissioner, [after consultation with  the  state  council  on
home care services,] shall promulgate rules and regulations necessary to
administer  this section. [The state council on home care services shall
advise the department of the  availability  and  quality  of  home  care
services  and on the methods that may be used to enhance the availabili-
ty, appropriate utilization  and  coordination  of  home  care  services
through the implementation of the grant program.]
  S  51.  Subdivision  4  of  section  3609 of the public health law, as
amended by chapter 831 of the laws  of  1985,  is  amended  to  read  as
follows:
  4.  The  grant applications shall include such information as required
by the commissioner[, after consultation with the state council on  home
care services].
  S  52.  Subdivision  5  of  section  3612 of the public health law, as
amended by chapter 622 of the laws  of  1988,  is  amended  to  read  as
follows:
  5. The [state hospital review and planning council, by a majority vote
of  its  members,]  COMMISSIONER  shall  adopt and amend rules and regu-
lations, [subject to the approval of the  commissioner,]  to  effectuate
the  provisions  and  purposes of this article with respect to certified
home health agencies, providers of long term home health  care  programs
and providers of AIDS home care programs, including, but not limited to,
(a)  the establishment of requirements for a uniform statewide system of
reports and audits relating to the  quality  of  services  provided  and

S. 6613--A                         19                         A. 9713--A

their  utilization  and  costs;  (b)  establishment by the department of
schedules of rates, payments, reimbursements, grants and other  charges;
(c)  standards  and  procedures relating to certificates of approval and
authorization  to  provide  long term home health care programs and AIDS
home care programs; (d)  uniform  standards  for  quality  of  care  and
services  to be provided by certified home health agencies, providers of
long term home health care programs and  providers  of  AIDS  home  care
programs;  (e)  requirements for minimum levels of staffing, taking into
consideration the size of the agency,  provider  of  a  long  term  home
health  care  program or provider of an AIDS home care program, the type
of care and service provided, and  the  special  needs  of  the  persons
served;  (f)  standards  and procedures relating to contractual arrange-
ments between home care services  agencies;  (g)  requirements  for  the
establishment  of  plans  for the coordination of home care services and
discharge planning for former patients or residents of facilities  under
the regulatory jurisdiction of the department, the departments of social
services  or  mental hygiene, the board of social welfare, or the office
for the aging; (h) requirements for uniform review  of  the  appropriate
utilization of services; and (i) requirements for minimum qualifications
and standards of training for personnel as appropriate. The commissioner
[and  the  state  council  on  home care services] may propose rules and
regulations and amendments thereto [for consideration by the council].
  S 53. Subdivision 10 of section 3615 of  the  public  health  law,  as
amended  by  chapter  884  of  the  laws  of 1990, is amended to read as
follows:
  10. The commissioner is authorized to promulgate such rules and  regu-
lations, [in consultation with the state council on home care services,]
as  are  necessary  to  carry  out the provisions of this section.  Such
rules and regulations may include, but not be limited  to,  minimum  and
maximum grant levels.
  S  54.  Subdivision  4  of  section  3222  of the public health law is
REPEALED and subdivisions 5, 6, 7, 8 and 9 are  renumbered  subdivisions
4, 5, 6, 7 and 8.
  S 55. Section 3702 of the public health law is REPEALED.
  S 56. Section 1399-uu of the public health law is REPEALED.
  S  57.  Section 2796 of the public health law, as added by chapter 550
of the laws of 1988, is REPEALED.
  S 57-a. The opening paragraph of section 2798  of  the  public  health
law,  as added by chapter 550 of the laws of 1988, is amended to read as
follows:
  The TICK-BORNE DISEASE institute ESTABLISHED BY  SECTION  TWENTY-SEVEN
HUNDRED NINETY-SEVEN OF THIS ARTICLE shall have the following powers and
duties:
  S 58. Section 2799-a of the public health law is REPEALED.
  S 59. Section 2799 of the public health law is REPEALED.
  S  60.  Section  27-2109  of  the  environmental  conservation  law is
REPEALED.
  S 61.  Section  11-2003  of  the  environmental  conservation  law  is
REPEALED.
  S 62. Intentionally omitted.
  S  63.  Section  11-1005  of  the  environmental  conservation  law is
REPEALED.
  S 64. Section  11-1007  of  the  environmental  conservation  law,  as
amended  by  chapter  911  of  the  laws  of 1990, is amended to read as
follows:
S 11-1007. Department authority.

S. 6613--A                         20                         A. 9713--A

  The department shall make such rules  and  regulations  governing  the
issuance and use of falconry licenses as it shall deem proper and neces-
sary[,  giving  due consideration to the recommendations of the falconry
advisory board]. The department  may  fix  by  regulation  special  open
seasons  for  the taking of small game or upland game birds by falconry.
The department may revoke any falconry license  and  may  seize  raptors
held  pursuant  thereto if the licensee (i) fails to provide proper care
for the raptors in the licensee's possession, (ii) allows raptors in the
licensee's possession to become a public nuisance, (iii) is convicted of
or settles by civil compromise any violation of any  provision  of  this
chapter  or  regulation  of the department, or (iv) fails to comply with
any of the terms or conditions of the falconry license.
  S 65. Title 11 of article 24 of the environmental conservation law  is
REPEALED.
  S  66. Subdivision 7 of section 24-0107 of the environmental conserva-
tion law is REPEALED and subdivision 8 is renumbered subdivision 7.
  S 67. Subdivision 1 of section 24-0301 of the environmental  conserva-
tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
  1. The commissioner shall, as soon as practicable, conduct a study  to
identify  and  map  those individual freshwater wetlands in the state of
New York which shall have an area of at  least  twelve  and  four-tenths
acres  or  more, or if less than twelve and four-tenths acres, (a) have,
in the discretion of the commissioner[, and subject  to  review  of  his
action  by  the board created pursuant to title eleven of this article],
unusual local importance for one or more of the  specific  benefits  set
forth  in subdivision seven of section 24-0105 or (b) are located within
the Adirondack park and meet the definition  of  wetlands  contained  in
subdivision  sixty-eight of section eight hundred two of article twenty-
seven of the executive law, and shall determine  their  characteristics.
This study shall, in addition to such other data as the commissioner may
determine  to  be included, consist of the freshwater wetlands inventory
of the department of environmental conservation, currently  being  made,
together  with  other  available  data  on  freshwater wetlands, whether
assisted by the state of New York under the tidal wetlands act or other-
wise, or assembled by federal or local governmental or private agencies,
all of which information shall be assembled and integrated, as  applica-
ble,  into  a  map of freshwater wetlands of the state of New York. Such
study may, in the discretion of the commissioner, be carried  out  on  a
sectional  or  regional  basis, as indicated by need, subject to overall
completion in an expeditious fashion subject to the terms of this  chap-
ter.  This map, and any orders issued pursuant to the provisions of this
article, shall comprise a part of the statewide  environmental  plan  as
provided  for  in section 3-0303 of this chapter. As soon as practicable
the commissioner shall file with  the  secretary  of  state  a  detailed
description  of the technical methods and requirements to be utilized in
compiling the inventory, and he shall afford the public  an  opportunity
to submit comments thereon.
  S  67-a.  Any  matters  pending before the freshwater wetlands appeals
board shall be transferred and continued in the department  of  environ-
mental  conservation  in accordance with article 3 of the state adminis-
trative procedure act.
  S 68. Section  24-0507  of  the  environmental  conservation  law,  as
amended  by  chapter  654  of  the  laws  of 1977, is amended to read as
follows:
S 24-0507. Reservation of local jurisdiction.

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  Except as provided in this article, jurisdiction over all areas  which
would qualify as freshwater wetlands except that they are not designated
as  such  on  the freshwater wetlands map pursuant to section 24-0301 of
this article because they are less than twelve and four-tenths acres  in
size  and  are  not of unusual local importance is reserved to the city,
town or village in which they are wholly or partially located,  and  the
implementation  of this article with respect thereto is the responsibil-
ity of said city, town or village, in accordance  with  section  24-0501
and  title  twenty-three  of article seventy-one of this chapter, except
that a city, town or village in the exercise of its  powers  under  this
section,  shall  not be subject to the provisions of subdivision four of
section 24-0501, subdivisions two  and  three  of  section  24-0503,  or
section 24-0505[, but shall be subject to judicial review under subdivi-
sion two of section 24-1105 of this article].
  S  69. Subdivision 5 of section 24-0703 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is  amended  to
read as follows:
  5. Prior to the promulgation of the final freshwater wetlands map in a
particular   area  and  the  implementation  of  a  freshwater  wetlands
protection law or ordinance, no person shall conduct,  or  cause  to  be
conducted,  any  activity  for  which a permit is required under section
24-0701 of this article on any freshwater wetland unless he has obtained
a permit from the  commissioner  under  this  section.  Any  person  may
inquire  of  the  department as to whether or not a given parcel of land
will be designated a  freshwater  wetland  subject  to  regulation.  The
department shall give a definite answer in writing within thirty days of
such  request  as  to  whether such parcel will or will not be so desig-
nated. Provided that, in the event that  weather  or  ground  conditions
prevent  the  department from making a determination within thirty days,
it may extend such period until a determination can be made. Such answer
in the affirmative shall be reviewable  pursuant  to  [title  eleven  of
this] article SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES; such an
answer in the negative shall be a complete defense to the enforcement of
this  article PURSUANT TO ARTICLE SEVENTY-ONE OF THIS CHAPTER as to such
parcel of land. The commissioner may by regulation adopted after  public
hearing  exempt categories or classes of wetlands or individual wetlands
which he determines not to be critical to the furtherance of  the  poli-
cies and purposes of this article.
  S  70. Subdivision 6 of section 24-0705 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
read as follows:
  6.  Review  of  the  determination  of  the local government or of the
commissioner shall be, within a period of thirty days after  the  filing
thereof, pursuant to the provisions of [title eleven of this article or]
article  seventy-eight of the civil practice law and rules. Any owner of
the wetland affected and any resident or citizen of the local government
shall be deemed to have the requisite standing to seek review.
  S 71. Subdivision 2 of section 24-0801 of the environmental  conserva-
tion  law,  as  added  by chapter 654 of the laws of 1977, is amended to
read as follows:
  2. Where the activities otherwise subject  to  regulation  under  this
article involve freshwater wetlands located within the boundaries of the
Adirondack park, the inquiries referred to and the applications provided
for  in  section 24-0703 of this article shall be made to and filed with
the Adirondack park agency at its headquarters office, under such  regu-
lations and procedures as the Adirondack park agency may promulgate. The

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Adirondack  park  agency  shall  review  the application in place of the
commissioner or local government as provided in section 24-0705 of  this
article,  having  due regard for the declaration of policy and statement
of  findings  set  forth  in this article and for the considerations set
forth in subdivision one of section 24-0705 of this article. The  agency
shall in addition determine prior to the granting of any permit that the
proposed  activity  will be consistent with the Adirondack park land use
and development plan and would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or open space resources of the park, taking into  account  the  economic
and social or other benefits to be derived from the activity. Any person
may  seek  review  of a ruling made solely pursuant to the provisions of
this article by the Adirondack park agency pursuant to  [the  provisions
of  title  eleven of this article or] article seventy-eight of the civil
practice law and rules.
  S 72. Subdivision 7 of section 24-0903 of the environmental  conserva-
tion  law,  as  added  by chapter 614 of the laws of 1975, is amended to
read as follows:
  7. Any person aggrieved by any  such  order  or  regulation  may  seek
[review  pursuant  to the provisions of title eleven of this article or]
judicial review pursuant to article seventy-eight of the civil  practice
law  and rules in the supreme court for the county in which the freshwa-
ter wetland is located, within thirty days after the date of the  filing
of  the  order  with  the  clerk  of  the county in which the wetland is
located.
  S 73. Section 349-cc of the highway law is REPEALED.
  S 73-a. Section 349-bb of the highway law, as added by chapter 556  of
the  laws  of  1992,  subdivision 3 as amended by section 5 of part Z of
chapter 383 of the laws of 2001, is amended to read as follows:
  S 349-bb. New York state scenic byways program.  1.  The  commissioner
shall  establish  within the department a program to be known as the New
York state scenic byways program  (hereinafter  referred  to  as  scenic
byways program or program) to encourage and coordinate state actions and
the  activities  of  others which relate to the development, protection,
promotion and management of scenic byways.  For  the  purposes  of  this
article, a "scenic byway" is a transportation route and adjacent area of
particular  scenic,  historic,  recreational,  cultural or archeological
characteristics which is managed to protect such characteristics and  to
encourage economic development through tourism and recreation.
  2. To carry out the purposes of the scenic byways program, the commis-
sioner is authorized:
  (a)  to  plan,  design,  and  develop the New York state scenic byways
system;
  (b) to make safety improvements to a highway designated  as  a  scenic
byway  under  this article to the extent such improvements are necessary
to accommodate increased traffic, and changes in the types  of  vehicles
using the highway due to such designation;
  (c) to construct along the highway facilities for the use of pedestri-
ans and bicyclists, rest areas, turnouts, highway shoulder improvements,
passing lanes, overlooks, and interpretive facilities;
  (d)  to  improve  the  highway  to  enhance  access to an area for the
purpose of recreation, including water-related recreation;
  (e) to protect historical and cultural resources in areas adjacent  to
the highway; [and]
  (f)  to develop and provide tourist information to the public, includ-
ing interpretive information about the scenic byway; AND

S. 6613--A                         23                         A. 9713--A

  (G) TO EVALUATE, ADVISE AND RECOMMEND TO THE GOVERNOR AND THE LEGISLA-
TURE AMENDMENTS OF THE STATUTES AND REGULATIONS RELEVANT TO THE FURTHER-
ANCE OF A COHESIVE AND COORDINATED SYSTEM OF SCENIC BYWAYS.
  [2.]  3.  The  commissioner  is hereby authorized to apply for funding
from any appropriate sources to  further  the  purposes  of  the  scenic
byways program.
  [3.]  4. The commissioner is hereby authorized to enter into contracts
with qualified, responsible  not-for-profit  organizations  involved  in
scenic  byways  activities  and the upstate New York tourism council for
services relating to the development of the New York state scenic byways
program or services relating to the operation, development or  promotion
of a specific scenic byway.
  [4.]  5. The commissioner is authorized to promulgate such regulations
as may be necessary or desirable to implement the New York state  scenic
byways program.
  6.  THE  COMMISSIONER SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE
BY JANUARY FIRST OF EACH YEAR ON THE IMPLEMENTATION OF THIS PROGRAM.
  S 74.  Section  13-0503  of  the  environmental  conservation  law  is
REPEALED.
  S  75.  Subdivisions 3 and 4 of section 95-c of the state finance law,
as added by chapter 360 of the laws of 2002,  are  amended  to  read  as
follows:
  3.  Monies  of the fund, following appropriation, may be expended only
for conservation, research,  and  education  projects  relating  to  the
marine and coastal district of New York, as described in section 13-0103
of the environmental conservation law ("district"), that are approved by
the  [marine  and  coastal district of New York conservation, education,
and research board ("board") established pursuant to section 13-0503  of
the  environmental conservation law] DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION.
  4. Monies of the fund shall be payable from the fund on the audit  and
warrant  of  the  comptroller  on  vouchers approved or certified by the
[chairperson of the board] DEPARTMENT OF ENVIRONMENTAL CONSERVATION.  No
money from such fund may be  withdrawn,  transferred,  or  used  by  any
person  or  entity  for  any  purpose  other  than  as permitted by this
section.
  S 76. Subdivision 2 of section 404-t of the vehicle and  traffic  law,
as  amended  by  chapter  577 of the laws of 2007, is amended to read as
follows:
  2. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon the payment of the  regu-
lar  registration  fee  prescribed  by  section four hundred one of this
article provided, however, that an additional annual service  charge  of
twenty-five dollars shall be charged for such plate. All monies received
for the annual service charge pursuant to this section shall be deposit-
ed  to the credit of the marine and coastal district of New York conser-
vation, education, and research fund  established  pursuant  to  section
ninety-five-c  of  the state finance law and shall be used for conserva-
tion, education, and research projects approved by the [marine and coas-
tal district of New York conservation,  education,  and  research  board
established]   DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  pursuant  to
section  [13-0503]  13-0501  of  the  environmental  conservation   law.
Provided,  however,  that  one  year  after  the  effective date of this
section, funds in the amount of six thousand dollars, or so much thereof
as may be available, shall be allocated from such fund to the department
to offset costs associated with the production of such license plates.

S. 6613--A                         24                         A. 9713--A

  S 77. Intentionally omitted.
  S 78. Intentionally omitted.
  S 79. Intentionally omitted.
  S  80.  Subdivision 1 of section 9-1703 of the environmental conserva-
tion law is REPEALED.
  S  81.  Section  9-1707  of  the  environmental  conservation  law  is
REPEALED.
  S  82.  Section  23-0311  of  the  environmental  conservation  law is
REPEALED.
  S 83.  Section  17-1013  of  the  environmental  conservation  law  is
REPEALED.
  S  84.  Subparagraph  (ii)  of paragraph d of subdivision 4 of section
17-1007 of the environmental conservation law, as added by  chapter  334
of the laws of 2008, is amended to read as follows:
  (ii)  As  promptly as possible thereafter, not to exceed fifteen days,
the commissioner shall provide the owner or operator an  opportunity  to
be  heard  and to present proof that such condition or activity does not
violate the provisions of this section or of the  rules  or  regulations
adopted  pursuant  to this title. The commissioner shall adopt rules and
regulations describing the procedure to be followed in  the  prohibition
of  petroleum  deliveries.  In  adopting  such rules and regulations the
department shall allow for the owner or operator at any time  to  submit
information  to the department to demonstrate that the owner or operator
is in compliance with the requirements or has  corrected  the  violation
that  prompted the department to prohibit deliveries of petroleum and to
allow the tank or tanks to be, as promptly  as  possible,  brought  back
into  operation,  not  to exceed two business days from the department's
determination that a tank is in compliance. The department shall use its
best efforts to timely determine  compliance.  [The  commissioner  shall
draft  such rules and regulations and submit them to the state petroleum
bulk storage advisory council for comments  within  six  months  of  the
effective date of this subparagraph.]
  S  85. Subdivision 1 of section 17-1009 of the environmental conserva-
tion law, as added by chapter 613 of the laws of  1983,  is  amended  to
read as follows:
  1. The department shall [consult with the state petroleum bulk storage
advisory  council  to]  compile  a  list of facilities within the state.
Within thirty days of the  promulgation  of  rules  and  regulations  in
accordance  with  section  17-1005, section 17-1007, and this section of
this title, the department shall make available, upon request, a copy of
such rules and regulations.
  S 86. Subdivision 1 of section 17-1015 of the environmental  conserva-
tion  law,  as amended by chapter 334 of the laws of 2008, is amended to
read as follows:
  1. The department shall, pursuant to section 17-0303 of this  article,
promulgate rules and regulations establishing standards for existing and
new  petroleum  bulk  storage facilities which shall include, but not be
limited to, design, equipment requirements,  construction,  installation
and  maintenance.  In  proposing, preparing and compiling such rules and
regulations, the department shall consult with the [state petroleum bulk
storage code advisory council. In addition, the department shall consult
with the] state fire prevention and building code council to assure that
such  rules  and  regulations  are  consistent  with  the  uniform  fire
prevention and building code.
  S  87.  Section  9-0705  of  the  environmental  conservation  law  is
REPEALED.

S. 6613--A                         25                         A. 9713--A

  S  88.  Section  9-0707  of  the  environmental  conservation  law  is
REPEALED.
  S  89.  Section  9-0709  of  the  environmental  conservation  law  is
REPEALED.
  S  90.  Section  9-0711  of  the  environmental  conservation  law  is
REPEALED.
  S 91. Section 9-0713 of the environmental conservation law, as amended
by chapter 386 of the laws of 1980, is amended to read as follows:
S 9-0713. State assistance.
  [Upon  the  establishment of regional forest practice boards, and upon
the adoption and promulgation of] THE COMMISSIONER  SHALL  ADOPT  forest
practice  standards[,  the regional forest practice boards]. THE DEPART-
MENT shall notify [all the] owners of forest  land  [in  their  regions]
that  the  commissioner  is  prepared  to  assist  cooperating owners in
connection with the application of [approved] forest practice standards.
The commissioner shall provide to cooperating forest and  farm  woodland
owners  technical  services  in  connection  with  all  phases of forest
management including but not limited to,  plantation  establishment  and
care,  the  marking  of  timber,  marketing assistance and silvicultural
treatment of immature stands.
  S 92.  Section  27-0702  of  the  environmental  conservation  law  is
REPEALED.
  S 93. The opening paragraph of subdivision 2 of section 27-0103 of the
environmental  conservation law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
  The commissioner shall[, with the advice  of  the  state  solid  waste
management  board  established pursuant to section 27-0702 of this arti-
cle,] biennially review the status of programs and information contained
within the plan and make recommendations for legislation or other  state
action related to:
  S 94. Paragraph g of subdivision 3 of section 165 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the commissioner shall identify and implement specific
steps which will reduce, to the maximum extent practicable, waste gener-
ated  in state facilities and maximize the recovery and reuse of second-
ary materials from such facilities. Such steps and their  implementation
shall be reviewed from time to time but no less frequently than annually
or  upon  receiving recommendations for additional steps from [the solid
waste management board,] the department of environmental conservation or
the environmental facilities corporation.
  S 95. Subdivision 3 of section 1-0303 of the  environmental  conserva-
tion law is REPEALED.
  S  96.  Paragraph a of subdivision 2 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 469 of the laws of  1974,
is amended to read as follows:
  a.  [With the advice and approval of the board, adopt] ADOPT, amend or
repeal environmental standards, criteria and those rules and regulations
having the force and effect of standards and criteria to carry  out  the
purposes and provisions of this act. [Upon approval by the board of any]
ANY such environmental standard, criterion, rule or regulation or change
thereto[,  it] shall become effective thirty days after being filed with
the Secretary of State for publication in the "Official  Compilation  of
Codes, Rules, and Regulations of the State of New York" published pursu-
ant to section 102 of the Executive Law. This provision shall not in any

S. 6613--A                         26                         A. 9713--A

way  restrict the commissioner in the exercise of any function, power or
duty transferred to him OR HER and heretofore authorized to be exercised
by any other department acting through its commissioner  to  promulgate,
adopt,  amend  or  repeal any standards, rules and regulations.  No such
environmental [standards] STANDARD, criterion,  rule  or  regulation  or
change  thereto  shall  be proposed for approval unless a public hearing
relating to the subject of such standard shall be held  by  the  commis-
sioner  prior  thereto not less than 30 days after date of notice there-
for, any provision of law to the contrary notwithstanding. Notice  shall
be given by public advertisement of the date, time, place and purpose of
such  hearing. [Members of the board shall be entitled to participate in
such hearing and opportunity  to  be  heard  by  the  commissioner  with
respect to the subject thereof shall be given to the public.]
  S 97. Article 5 of the environmental conservation law is REPEALED.
  S  98. Subdivision 2 of section 17-1411 of the environmental conserva-
tion law is REPEALED.
  S 99.  Section  19-0917  of  the  environmental  conservation  law  is
REPEALED.
  S 100. Subdivision 3 of section 27-0903 of the environmental conserva-
tion  law,  as amended by chapter 831 of the laws of 1990, is amended to
read as follows:
  3. The regulations setting forth the criteria for  identification  and
listing,  and the list of, hazardous wastes subject to this title may be
amended by the commissioner from time to time as appropriate, based upon
hazardous waste conditions of particular relevance  to  the  state.  The
commissioner  may  promulgate the appropriately amended regulations only
[after approval of the state environmental board based] upon  a  showing
of  the  circumstances  constituting  the  hazardous waste conditions of
particular relevance to this state, and then in a manner consistent with
the state administrative procedure act.
  S 101. Subdivision 1 of section 27-1315 of the environmental conserva-
tion law, as amended by section 7 of part E of chapter 1 of the laws  of
2003, is amended to read as follows:
  1. The commissioner shall have the power to promulgate rules and regu-
lations  necessary  and  appropriate  to  carry out the purposes of this
title. Any [such] regulations shall include provisions  which  establish
the  procedures  for  a  hearing pursuant to subdivision four of section
27-1313 of this title[. Any such provisions] AND shall ensure a division
of functions between the commissioner, the staff who present  the  case,
and  any hearing officers appointed. In addition, any [such] regulations
shall set forth findings to be based on a factual record, which must  be
made before the commissioner determines that a significant threat to the
environment  exists. [Rules and regulations promulgated pursuant to this
title shall be subject to the approval of a board, which shall be  known
as  the  inactive hazardous waste disposal site regulation review board,
which shall have the same members, rules, and procedures  as  the  state
environmental board.]
  S 102. Subdivision 4 of section 29-0103 of the environmental conserva-
tion law is REPEALED.
  S 103. Subdivision 4 of section 70-0117 of the environmental conserva-
tion  law,  as  added  by chapter 723 of the laws of 1977, is amended to
read as follows:
  4. In conjunction with one  or  more  applications  for  permits,  the
department may, on request of an applicant undertake a conceptual review
of a proposed project evaluating the general approvability or nonapprov-
ability of a proposed project, including all proposed phases or segments

S. 6613--A                         27                         A. 9713--A

thereof,  subject  to  the  development  and submission of more detailed
plans and information and such additional applications  for  permits  in
the future as may be necessary. The department shall, in rules and regu-
lations  [approved by the state environmental board], establish criteria
and guidelines for the  conceptual  review  of  proposed  projects.  The
department shall establish, in rules and regulations adopted pursuant to
section  70-0107  of  this  chapter, procedures governing the conceptual
review of proposed projects.
  S 104. Section  13-0308  of  the  environmental  conservation  law  is
REPEALED.
  S  105.  The opening paragraph of subdivision 15 of section 13-0309 of
the environmental conservation law, as added by chapter 512 of the  laws
of 1994, is amended to read as follows:
  Unless  and until regulations are adopted implementing a comprehensive
long-term management plan for the protection of  surf  clams  and  ocean
quahogs  in  New  York  waters  [prepared  in  conjunction with the surf
clam/ocean quahog management advisory board pursuant to section 13-0308,
of this title], the following restrictions shall apply  in  addition  to
any  consistent  regulations  adopted  prior to the date upon which such
section shall take effect:
  S 106. Subparagraph (ii) of paragraph 2 and subparagraph (ii) of para-
graph 3 of subdivision (a) of section  83  of  the  state  finance  law,
subparagraph  (ii)  of  paragraph 2 as amended by section 2 of part A of
chapter 82 of the laws of 2002 and subparagraph (ii) of paragraph  3  as
amended  by  section  6 of part A of chapter 58 of the laws of 1998, are
amended to read as follows:
  (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
graph,  moneys arising out of the application of subdivision fourteen of
section 13-0309 of the environmental conservation law, shall be deposit-
ed in a special account within the conservation fund, to be known as the
surf clam/ocean quahog account, and shall be available to the department
of environmental conservation, including  contracts  for  such  purposes
with a New York state institution of higher education currently involved
in  local  marine  research,  after  appropriation, for the research and
stock assessment of surf clams and ocean quahogs. The department  shall,
at  a minimum, undertake two stock assessments and issue reports detail-
ing the findings of such assessments to the  governor  and  legislature.
The  first  stock assessment shall be due no later than December thirty-
first, two thousand two. The second stock assessment  shall  be  due  no
later  than  December  thirty-first,  two  thousand  four[, and shall be
conducted in an area to be determined  in  consultation  with  the  surf
clam/ocean quahog management advisory board].
  (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
graph, moneys arising out of the application of subdivision fourteen  of
section 13-0309 of the environmental conservation law, shall be deposit-
ed in a special account within the conservation fund, to be known as the
surf clam/ocean quahog account, and shall be available to the department
of  environmental  conservation,  including  contracts for such purposes
with a New York State institution of higher education currently involved
in local marine research, after  appropriation,  for  the  research  and
stock  assessment of surf clams and ocean quahogs [and the operations of
the surf clam/ocean quahog management advisory board].
  S 107. Subdivisions 6, 7, 8 and 9 of section 73-b of  the  agriculture
and  markets  law are REPEALED and subdivision 10 is renumbered subdivi-
sion 6.

S. 6613--A                         28                         A. 9713--A

  S 107-a. Paragraphs (c) and (d) of subdivision 5 of  section  73-b  of
the  agriculture and markets law, as added by chapter 276 of the laws of
2001, are amended and a new paragraph (e) is added to read as follows:
  (c)  make  recommendations  to  the  dean regarding appointment of the
director of the laboratory; [and]
  (d) assess the feasibility of the consolidation, expansion and modern-
ization of the current physical facilities of the laboratory[.]; AND
  (E) PROVIDE ADVICE AND RECOMMENDATIONS TO THE DIRECTOR OF THE DIAGNOS-
TIC LABORATORY REGARDING INDUSTRY NEEDS AND THE EFFECTIVENESS OF VETERI-
NARY DIAGNOSTIC LABORATORY SERVICES.
  S 108. Section 169-c of the agriculture and markets law is REPEALED.
  S 109. Section 169-d of the agriculture and markets law is REPEALED.
  S 110. Subdivision 5 of section 192-a of the agriculture  and  markets
law,  as added by chapter 716 of the laws of 1989, is amended to read as
follows:
  5. Concurrent enforcement by municipalities. The  provisions  of  this
section  and  the  regulations  promulgated  thereunder  may be enforced
concurrently by the director of  a  municipal  consumer  affairs  office
and/or a municipal director of weights and measures, except that nothing
in  this  section or in subdivision three, twelve or nineteen of section
one hundred seventy-nine of this article or in section one hundred nine-
ty-two-b or one hundred ninety-two-c [or one  hundred  ninety-two-d]  of
this  article  shall be construed to prohibit a political subdivision of
the state from also continuing to implement and enforce  any  local  law
and  regulations that were in effect prior to the date this section took
effect, and any subsequent amendments thereto, provided such  local  law
and regulations or amendments thereto are not inconsistent with require-
ments  imposed  by  the  provisions  of  this  section or by regulations
adopted pursuant to this  section.  Notwithstanding  the  provisions  of
section  forty-five  of  this chapter, all moneys collected hereunder at
the instance of a municipal enforcement officer shall be retained by the
municipality.
  S 111. Subdivision 10 of section 192-b of the agriculture and  markets
law,  as added by chapter 716 of the laws of 1989, is amended to read as
follows:
  10. The provisions of this section  and  the  regulations  promulgated
thereunder  may  be enforced concurrently by the director of a municipal
consumer affairs office and/or a municipal director of weights and meas-
ures, except that nothing in  this  section  or  in  subdivision  three,
twelve  or  nineteen of section one hundred seventy-nine of this article
or in section one hundred ninety-two-a or one hundred  ninety-two-c  [or
one hundred ninety-two-d] of this article shall be construed to prohibit
a  political  subdivision of the state from also continuing to implement
and enforce any local law and regulations that were in effect  prior  to
the  date this section took effect, and any subsequent amendments there-
to, provided such local law and regulations or  amendments  thereto  are
not  inconsistent  with  requirements  imposed by the provisions of this
section or by regulations adopted pursuant to this  section.    Notwith-
standing  the  provisions  of  section  forty-five  of this chapter, all
moneys collected hereunder at the instance of  a  municipal  enforcement
officer shall be retained by the municipality.
  S 112. Section 192-d of the agriculture and markets law is REPEALED.
  S 113. Section 285 of the agriculture and markets law is REPEALED.
  S 114. Section 285-b of the agriculture and markets law is REPEALED.
  S  115.  Chapter 868 of the laws of 1976 establishing the organic food
advisory committee is REPEALED.

S. 6613--A                         29                         A. 9713--A

  S 116. Section 7 chapter 654 of the laws of 1994 creating the agricul-
tural transportation review panel is REPEALED.
  S  117.  Article 33 of the parks, recreation and historic preservation
law is REPEALED.
  S 118. Section 191 of the executive law is REPEALED.
  S 119. Subdivision 2 of section 236-b of the county law, as  added  by
chapter 339 of the laws of 2009, is amended to read as follows:
  2.  A  local  law enacted pursuant to this section establishing county
licensure of electrical inspectors shall supersede any provision requir-
ing electrical inspectors to also obtain a local license promulgated  by
a  city,  town or village in the county pursuant to any general, special
or local law. Nothing in this section shall be deemed to  supersede  any
of  the  powers,  functions  and  duties  of the [fire fighting and code
enforcement personnel standards and education commission, as  set  forth
in article six-C] OFFICE OF FIRE PREVENTION AND CONTROL, AS SET FORTH IN
SECTION  ONE  HUNDRED FIFTY-EIGHT of the executive law, OR ANY SUCCESSOR
ENTITY.
  S 120. Subdivision 1 of section 156-a of the executive law, as amended
by section 1 of part D of chapter 1 of the laws of 2004, is  amended  to
read as follows:
  1.  The  state  fire  administrator  shall[, in his or her discretion,
consult with the fire fighting and code enforcement personnel  standards
and  education  commission  established  pursuant to section one hundred
fifty-nine-a of this article,  to]  establish  a  specialized  hazardous
materials  emergency response training program for individuals responsi-
ble  for  providing  emergency  response  recovery  following  incidents
involving  hazardous  materials  as  defined  in accordance with section
fourteen-f of the transportation law. The state fire administrator shall
inform all fire companies, municipal corporations and districts, includ-
ing agencies and departments thereof and all firefighters, both paid and
volunteer, and related officers and employees and police officers of the
implementation and availability of  the  hazardous  materials  emergency
response  training  program and shall, subject to the availability of an
appropriation, conduct such training with sufficient frequency to assure
adequate  response  to  incidents  involving  hazardous  materials   and
protection of responders in all geographic areas of the state.
  S  120-a.  Section  158  of  the  executive  law is REPEALED and a new
section 158 is added to read as follows:
  S 158. FIREFIGHTING AND CODE ENFORCEMENT TRAINING.  1. FOR THE PURPOSE
OF THIS SECTION, THE TERM FIRE FIGHTER AND  CODE  ENFORCEMENT  PERSONNEL
SHALL  MEAN  A  MEMBER  OF  A  FIRE DEPARTMENT WHOSE DUTIES INCLUDE FIRE
SERVICE AS DEFINED IN PARAGRAPH D OF SUBDIVISION ELEVEN OF SECTION THREE
HUNDRED TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW OR A CODE ENFORCE-
MENT OFFICER CHARGED WITH ENFORCEMENT OF BUILDING OR FIRE CODES.
  2. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE  PROVIDED
BY  THIS  ARTICLE, THE STATE FIRE ADMINISTRATOR MAY PROMULGATE RULES AND
REGULATIONS WITH RESPECT TO:
  (A) THE APPROVAL, OR REVOCATION THEREOF, OF FIRE AND CODE  ENFORCEMENT
TRAINING PROGRAMS FOR FIRE FIGHTERS AND CODE ENFORCEMENT PERSONNEL;
  (B)  MINIMUM  COURSES OF STUDY, ATTENDANCE REQUIREMENTS, AND EQUIPMENT
AND FACILITIES TO BE REQUIRED FOR APPROVED  FIRE  AND  CODE  ENFORCEMENT
TRAINING PROGRAMS FOR FIRE FIGHTERS AND CODE ENFORCEMENT PERSONNEL;
  (C)  MINIMUM QUALIFICATIONS FOR INSTRUCTORS FOR APPROVED FIRE AND CODE
ENFORCEMENT TRAINING PROGRAMS FOR FIRE  FIGHTERS  AND  CODE  ENFORCEMENT
PERSONNEL;

S. 6613--A                         30                         A. 9713--A

  (D) THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH FIRE FIGHTERS AND
CODE   ENFORCEMENT  PERSONNEL  APPOINTED  TO  PROBATIONARY  TERMS  SHALL
COMPLETE BEFORE BEING ELIGIBLE FOR PERMANENT APPOINTMENT, AND  THE  TIME
WITHIN  WHICH  SUCH  BASIC  TRAINING  MUST  BE  COMPLETED FOLLOWING SUCH
APPOINTMENT TO A PROBATIONARY TERM;
  (E) THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH FIRE FIGHTERS AND
CODE  ENFORCEMENT  PERSONNEL  NOT  APPOINTED  FOR PROBATIONARY TERMS BUT
APPOINTED ON OTHER THAN A PERMANENT BASIS SHALL COMPLETE IN ORDER TO  BE
ELIGIBLE FOR CONTINUED EMPLOYMENT OR PERMANENT APPOINTMENT, AND THE TIME
WITHIN  WHICH  SUCH  BASIC  TRAINING  MUST  BE  COMPLETED FOLLOWING SUCH
APPOINTMENT ON A NON-PERMANENT BASIS;
  (F) THE REQUIREMENTS FOR  IN-SERVICE  TRAINING  PROGRAMS  DESIGNED  TO
ASSIST  FIRE  FIGHTERS  AND  CODE  ENFORCEMENT  PERSONNEL IN MAINTAINING
SKILLS AND BEING INFORMED OF TECHNOLOGICAL ADVANCES;
  (G) CATEGORIES OR  CLASSIFICATIONS  OF  ADVANCED  IN-SERVICE  TRAINING
PROGRAMS  AND  MINIMUM COURSES OF STUDY AND ATTENDANCE REQUIREMENTS WITH
RESPECT TO SUCH CATEGORIES OR CLASSIFICATIONS;
  (H) EXEMPTIONS FROM PARTICULAR PROVISIONS OF THIS ARTICLE IN THE  CASE
OF  ANY  COUNTY, CITY, TOWN, VILLAGE OR FIRE DISTRICT, IF IN THE OPINION
OF THE STATE FIRE ADMINISTRATOR THE STANDARDS OF FIRE AND CODE  ENFORCE-
MENT  TRAINING  ESTABLISHED  AND  MAINTAINED BY SUCH COUNTY, CITY, TOWN,
VILLAGE OR FIRE DISTRICT ARE EQUAL TO OR HIGHER THAN  THOSE  ESTABLISHED
PURSUANT  TO  THIS  ARTICLE;  OR  REVOCATION IN WHOLE OR IN PART OF SUCH
EXEMPTION, IF IN HIS OR HER OPINION  THE  STANDARDS  OF  FIRE  AND  CODE
ENFORCEMENT  TRAINING  ESTABLISHED  AND MAINTAINED BY SUCH COUNTY, CITY,
TOWN, VILLAGE OR FIRE DISTRICT ARE LOWER THAN THOSE ESTABLISHED PURSUANT
TO THIS ARTICLE; AND
  (I) EDUCATION, HEALTH AND PHYSICAL FITNESS REQUIREMENTS FOR  ELIGIBIL-
ITY  OF  PERSONS FOR PROVISIONAL OR PERMANENT APPOINTMENT IN THE COMPET-
ITIVE CLASS OF THE CIVIL SERVICE AS FIRE FIGHTERS AND  CODE  ENFORCEMENT
PERSONNEL AS IT DEEMS NECESSARY AND PROPER FOR THE EFFICIENT PERFORMANCE
OF SUCH DUTIES;
  3.  IN  FURTHERANCE  OF HIS OR HER FUNCTIONS, POWERS AND DUTIES AS SET
FORTH IN THIS SECTION, THE STATE FIRE ADMINISTRATOR MAY:
  (A) RECOMMEND STUDIES, SURVEYS AND REPORTS TO BE  MADE  BY  THE  STATE
FIRE  ADMINISTRATOR  REGARDING  THE  CARRYING  OUT OF THE OBJECTIVES AND
PURPOSES OF THIS SECTION;
  (B) VISIT AND INSPECT ANY FIRE AND CODE ENFORCEMENT TRAINING  PROGRAMS
APPROVED  BY  THE  STATE FIRE ADMINISTRATOR OR FOR WHICH APPLICATION FOR
SUCH APPROVAL HAS BEEN MADE; AND
  (C) RECOMMEND STANDARDS FOR PROMOTION TO SUPERVISORY POSITIONS.
  4. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE  PROVIDED
BY THIS SECTION, THE STATE FIRE ADMINISTRATOR SHALL:
  (A)  APPROVE  FIRE  AND  CODE  ENFORCEMENT  TRAINING PROGRAMS FOR FIRE
FIGHTERS AND  CODE  ENFORCEMENT  PERSONNEL  AND  ISSUE  CERTIFICATES  OF
APPROVAL TO SUCH PROGRAMS, AND REVOKE SUCH APPROVAL OR CERTIFICATE;
  (B)  CERTIFY,  AS  QUALIFIED,  INSTRUCTORS  FOR APPROVED FIRE AND CODE
ENFORCEMENT TRAINING PROGRAMS FOR FIRE  FIGHTERS  AND  CODE  ENFORCEMENT
PERSONNEL AND ISSUE APPROPRIATE CERTIFICATES TO SUCH INSTRUCTORS;
  (C)  CERTIFY  FIRE  FIGHTERS  AND  CODE ENFORCEMENT PERSONNEL WHO HAVE
SATISFACTORILY COMPLETED BASIC TRAINING PROGRAMS AND IN-SERVICE TRAINING
PROGRAMS, AND ISSUE APPROPRIATE CERTIFICATES TO SUCH FIRE  FIGHTERS  AND
CODE ENFORCEMENT PERSONNEL;
  (D)  CAUSE  STUDIES  AND SURVEYS TO BE MADE RELATING TO THE ESTABLISH-
MENT, OPERATION, EFFECTIVENESS AND APPROVAL OF FIRE AND CODE ENFORCEMENT
TRAINING PROGRAMS;

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  (E) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE COMPLETION OR
PARTIAL COMPLETION OF TRAINING PROGRAMS BY  VIDEO  OR  COMPUTER  TO  THE
MAXIMUM EXTENT PRACTICABLE; AND
  (F)  CONSULT  WITH AND COOPERATE WITH THE STATE UNIVERSITY OF NEW YORK
AND PRIVATE UNIVERSITIES, COLLEGES AND INSTITUTES IN THE STATE  FOR  THE
DEVELOPMENT  OF  SPECIALIZED COURSES OF STUDY FOR FIRE FIGHTERS AND CODE
ENFORCEMENT PERSONNEL IN FIRE  SCIENCE,  FIRE  ADMINISTRATION  AND  CODE
ENFORCEMENT.
  S 121. Section 159 of the executive law is REPEALED.
  S 122. Section 159-a of the executive law is REPEALED.
  S 123. Section 159-b of the executive law is REPEALED.
  S 124. Section 159-c of the executive law is REPEALED.
  S 125. Section 159-d of the executive law is REPEALED.
  S 126. Section 580 of the executive law is REPEALED.
  S 127. Subdivision 14 of section 601 of the executive law is REPEALED.
  S 128. Subdivision 12 of section 604 of the executive law, as added by
chapter 729 of the laws of 2005, is amended to read as follows:
  12. To create and maintain a consumer awareness pamphlet[, in conjunc-
tion  with  the  advisory  council,]  to include, but not be limited to,
detailing the certification process,  installer  selection  rights,  the
dispute  resolution  process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  S 129. Section 604 of the executive law is amended by adding three new
subdivisions 13, 14 and 15 to read as follows:
  13. TO EXAMINE CONSUMER PROTECTION ISSUES, INCLUDING BUT  NOT  LIMITED
TO, MANUFACTURED HOUSING FINANCING AND SALES PRACTICES.
  14.  TO  EXAMINE  THE  DIFFERENCES OF MANUFACTURED AND MODULAR HOUSING
REGULATIONS AND MAKE RECOMMENDATIONS TO THE  LEGISLATURE  ON  AN  ANNUAL
BASIS.
  15.  TO  SUBMIT  ANNUAL REPORTS BY DECEMBER THIRTY-FIRST, TWO THOUSAND
TEN AND EACH YEAR THEREAFTER, TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THAT DETAILS THE RECOMMEN-
DATIONS  OF  THE  DEPARTMENT  REGARDING MANUFACTURED HOUSING IN NEW YORK
STATE. THE DEPARTMENT SHALL, AS PART OF ITS REPORT, DETAIL THE NUMBER OF
COMPLAINTS RECEIVED  BY  THE  DEPARTMENT  AND  THE  NUMBER  OF  DISPUTES
RESOLVED THROUGH THE DEPARTMENT.
  S 130. Sections 611 and 612 of the executive law are REPEALED.
  S 131. Section 923 of the executive law is REPEALED.
  S  132.  Subdivision  6 of section 69-n of the general business law is
REPEALED.
  S 133. Subdivision 5 of section 89-bbb of the general business law  is
REPEALED  and  subdivisions 6, 7, 8, 9, 10, 11, 12 and 13 are renumbered
subdivisions 5, 6, 7, 8, 9, 10, 11 and 12.
  S 134. Section 89-lll of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-lll.  Regulations.  The  secretary[,  in  consultation  with  the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations  necessary  for  the  proper  conduct of the business authorized
under this article, and not inconsistent herewith.
  S 135. Section 89-mmm of the general business law is REPEALED.
  S 136. Subdivision 5 of section 89-ppp of the general business law  is
REPEALED  and subdivisions 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17
are renumbered subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13,  14,  15  and
16.

S. 6613--A                         32                         A. 9713--A

  S 137. Subdivision 4 of section 89-sss of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  4.  The  commissioner[,  upon  the recommendation and with the general
advice of the board,] shall waive the training requirements specified in
subdivision one of this section, with respect to applicants employed  by
armored  car  carriers, if the applicant provides appropriate documenta-
tion to demonstrate that he  or  she  was  or  is  subject  to  training
requirements  which meet or exceed the requirements established pursuant
to such subdivision.
  S 138. Section 89-yyy of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-yyy. Regulations. The secretary and commissioner[,  in  consulta-
tion  with the board,] are hereby authorized and empowered to promulgate
rules and regulations necessary for the proper conduct of  the  business
authorized under this article, and not inconsistent herewith.
  S 139. Section 403 of the general business law is REPEALED.
  S  140. Section 404 of the general business law, as amended by chapter
341 of the laws of 1998, is amended to read as follows:
  S 404. Rules and regulations. The secretary shall promulgate rules and
regulations which establish standards  for  practice  and  operation  by
licensees  under  this article in order to ensure the health, safety and
welfare of the public. Such rules and regulations shall include, but not
be limited to, the sanitary conditions and  procedures  required  to  be
maintained,  a minimum standard of training appropriate to the duties of
nail specialists,  waxers,  natural  hair  stylists,  estheticians,  and
cosmetologists and the provision of service by nail specialists, waxers,
natural   hair   stylists,  estheticians  or  cosmetologists  at  remote
locations other than the licensee's home provided that such practitioner
holds an appearance enhancement business license to operate at  a  fixed
location or is employed by the holder of an appearance enhancement busi-
ness license. Regulations setting forth the educational requirements for
nail  specialists  shall  include  education  in  the  area of causes of
infection and bacteriology. In promulgating such rules  and  regulations
the  secretary  shall  consult with the state education department, [the
advisory committee established pursuant  to  this  article,]  any  other
state  agencies and private industry representatives as may be appropri-
ate in determining minimum training requirements.
  S 141. Section 433-a of the general business law is REPEALED.
  S 142. Subdivision 3 of section 789 of the  general  business  law  is
REPEALED and subdivisions 4, 5, 6, 7, 8, 9, 10, 11 and 12 are renumbered
subdivisions 3, 4, 5, 6, 7, 8, 9, 10 and 11.
  S  143. Subparagraph (ix) of paragraph (a) of subdivision 1 of section
790 of the general business law, as added by chapter 599 of the laws  of
1998, is amended to read as follows:
  (ix)  on  or  after  January  first, two thousand three, the applicant
shall demonstrate the successful completion of post-secondary coursework
approved by the secretary [in conjunction with the advisory board]; or
  S 144. Section 791 of the general business law is REPEALED.
  S 145. Subdivision 1 of section 794 of the general  business  law,  as
amended  by  chapter  301  of  the  laws  of 2000, is amended to read as
follows:
  1. Prior to the expiration of a certificate of registration and  as  a
condition  of renewal, each hearing aid dispenser registered pursuant to
subdivision one of section seven hundred ninety of  this  article  shall
submit  documentation showing successful completion of twenty continuing
education credits through a course or courses approved by the  secretary

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[in  consultation  with the advisory board], or, in relation to audiolo-
gists licensed pursuant to article one hundred fifty-nine of the  educa-
tion  law,  the  office  of the professions in the education department.
Such  formal  courses  of learning shall include, but not be limited to,
collegiate level of credit in non-credit courses, professional  develop-
ment  programs  and  technical  sessions  offered by national, state and
local professional associations and other  organizations  acceptable  to
the secretary and any other organized educational and technical programs
acceptable   to  the  secretary.  The  secretary  may,  in  his  or  her
discretion, and as needed to contribute to the health and welfare of the
public, require  the  completion  of  continuing  education  courses  in
specific   subjects  to  fulfill  this  mandatory  continuing  education
requirement. Courses shall be taken  from  a  sponsor  approved  by  the
secretary pursuant to regulations promulgated pursuant to this section.
  S  146.  Paragraph  (a) of subdivision 3 of section 794 of the general
business law, as added by chapter 599 of the laws of 1998, is amended to
read as follows:
  (a) Within one year of the effective date of this article, the  secre-
tary  shall  promulgate  rules  and regulations establishing the method,
content and supervision requirements for the continuing education course
or courses provided for in this section. Properly prepared written mate-
rials of the subject matter of each course shall be distributed and each
course shall be taught by an instructor who  meets  requirements  estab-
lished  by  the  secretary  [upon  the recommendation of the board]. Any
person or organization offering a course shall apply  to  the  secretary
for authorization to offer such course or courses pursuant to said rules
and regulations.
  S  147.  Subdivision  1 of section 796 of the general business law, as
added by chapter 599 of the laws of 1998, is amended to read as follows:
  1. The secretary[, in consultation with the board,] shall establish  a
full-time,  twelve  month  training program for those persons wishing to
apply for registration as a hearing aid dispenser, except those  hearing
aid  dispensers  otherwise  licensed  pursuant  to  article  one hundred
fifty-nine of the education law.  For  the  purposes  of  this  section,
"full-time"  shall  mean  seven hours per day for five days a week. Such
program shall be conducted by a  registered  hearing  aid  dispenser  or
taught  by  appropriate  faculty  with credentials to verify substantial
educational knowledge in the topics outlined below. Any trainee entering
such a program shall operate under the direct supervision  of  a  regis-
tered  hearing aid dispenser for the first three months of such program.
In addition,  during  such  period,  the  trainee  shall  satisfactorily
complete a course of instruction, which includes, but is not limited to,
the following topics:
  (a) acoustics: general principles.
  (b) acoustics: hearing and speech.
  (c) the human ear.
  (d) disorders of hearing.
  (e) puretone audiometry.
  (f) speech audiometry.
  (g) hearing analysis.
  (h) hearing aids and instruments.
  S  148.  Subdivision  4 of section 798 of the general business law, as
added by chapter 599 of the laws of 1998, is amended to read as follows:
  4. The secretary shall [in consultation with the hearing aid  advisory
board]  prescribe  the  minimum criteria, procedures and equipment which

S. 6613--A                         34                         A. 9713--A

shall be used in the dispensing  of  hearing  aids,  including  but  not
limited to:
  (a) a relevant personal history questionnaire;
  (b) a disclosure statement;
  (c) requirements for a testing room, if applicable;
  (d) requirements for the annual calibration and maintenance of audiom-
etric equipment;
  (e) requirements for out of office dispensing of hearing aids; and
  (f)  if  applicable, requirements otherwise provided under article one
hundred fifty-nine of the education law.
  S 149. Subdivisions 2, 4, 5 and 7 of section 803 of the general  busi-
ness  law,  as  added by chapter 599 of the laws of 1998, are amended to
read as follows:
  2. The secretary shall review implementation of the provisions of this
article [in consultation with the board] and shall vigorously and proac-
tively ensure the enforcement of its  provisions  through  site  visits,
regular examination of compliance with this article, public outreach and
education,  promulgation  of  regulations, delivery of technical assist-
ance, and such other forms as would increase awareness of and  adherence
to the protections and process prescribed in this article. The secretary
shall  examine compliance with this article for each business registered
pursuant to subdivision one of section  seven  hundred  ninety  of  this
article at least once every four years.
  4. [In conjunction with the board, the] THE secretary shall:
  (a)  develop  procedures  for  promptly  investigating  all complaints
regarding violations of this article;
  (b) develop procedures for assisting consumers in resolving a  dispute
with  those persons registered pursuant to this article and mediating on
behalf of consumers when needed;
  (c) establish a toll-free number at which consumers, including persons
who are hard of hearing or deaf, can register a complaint; and
  (d) develop other procedures as necessary to increase public awareness
of how to properly purchase, fit, adjust and use a hearing aid, as  well
as  the  rights of hearing aid consumers pursuant to this article, which
shall include the distribution of written  information  concerning  this
subject  matter  and the toll-free number to those subject to this arti-
cle, the media, and the general public.
  5. The secretary[, in conjunction with the board] shall  cause  to  be
prepared  and  distributed printed educational information to registered
hearing aid dispensers and others about the general use of hearing  aids
and  assistive listening devices and on the advantages and disadvantages
of hearing aids as well as rights and remedies available to the consumer
pursuant to this article.
  7. On or before January thirty-first of each year, the secretary shall
develop and distribute a report to the  governor,  the  speaker  of  the
assembly,  the temporary president of the senate, the minority leader of
the assembly, the minority leader of the senate, the chair of the assem-
bly ways and means committee,  and  the  chair  of  the  senate  finance
committee,  and  make  it  available for public examination. Such report
shall entail specific efforts made by the  secretary[,  the  board]  and
hearing  aid dispensers to comply with the provisions of this article, a
compilation of actions taken [in response to  recommendations  submitted
to the secretary from the board], a summary of the results of compliance
efforts  and anticipated efforts to improve public education, compliance
and enforcement during the subsequent year, as well as  recommendations,
if any, to amend this article.

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  S 150. Subparagraph 7 of paragraph (h) of section 1507 of the not-for-
profit  corporation  law, as amended by chapter 380 of the laws of 2000,
is amended to read as follows:
  (7)  The New York state cemetery board shall promulgate rules defining
standards of maintenance, as well as what type of vandalism  or  out  of
repair  or  dilapidated  monuments  or  other  markers shall qualify for
payment of repair or removal by the fund and the method  and  amount  of
payment of contributions described in subparagraph two of this paragraph
[upon  the  recommendation of the state cemetery board citizens advisory
council created by section  fifteen  hundred  seven-a  of  this  article
(State cemetery board citizens advisory council)].
  S  151.  Section  1507-a  of  the  not-for-profit  corporation  law is
REPEALED.
  S 152. Subdivision 1 of section 444-b of  the  real  property  law  is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7 and 8 are renumbered subdivi-
sions 1, 2, 3, 4, 5, 6 and 7.
  S 153. Section 444-c of the real property law, as added by chapter 461
of  the  laws of 2004, subdivisions 1, 2 and 3 as amended by chapter 225
of the laws of 2005, is amended to read as follows:
  S 444-c. [State home inspection council] CODE OF ETHICS AND  STANDARDS
OF  PRACTICE.  1.  [There  is hereby established a state home inspection
council within the department. The council shall consist of  the  secre-
tary  or  the  secretary's  designee  and six additional members who are
residents of the state, of whom three  shall  be  persons  licensed  and
actively  engaged in the business of home inspection in the state of New
York for at least five years immediately preceding their appointment and
three of whom shall be consumers who are the owners and principal  resi-
dents  of a residential building in the state of New York.  Appointments
shall reflect the geographical diversity of the state.
  2. For a period of one year after the effective date of this  section,
and  notwithstanding any other provisions of this section to the contra-
ry, the first three home inspectors appointed as members of the  commit-
tee shall not be required, at the time of their first appointment, to be
licensed  to  practice  home  inspection,  provided that such members be
licensed pursuant to this article within one year of appointment.
  3. The governor shall appoint each member of the council for a term of
three years except that of the members first appointed, two shall  serve
for terms of three years, two shall serve for terms of two years and two
shall  serve for a term of one year. The governor shall appoint one home
inspector and one consumer solely in his or  her  discretion,  one  home
inspector  and  one  consumer  upon  the recommendation of the temporary
president of the senate, and one home inspector and  one  consumer  upon
the  recommendation  of  the  speaker of the assembly. Each member shall
hold office until his or her successor has been qualified.  Any  vacancy
in  the membership of the council shall be filled for the unexpired term
in the manner provided for the original appointment. No  member  of  the
council  may  serve  more  than  two successive terms in addition to any
unexpired term to which he or she has been appointed.
  4. Members of the council shall receive no compensation but  shall  be
reimbursed  for  their  actual  and necessary expenses and provided with
office and meeting facilities and  personnel  required  for  the  proper
conduct of the council's business.
  5. The council shall annually elect from among its members a chair and
vice-chair  and may appoint a secretary, who need not be a member of the
council. The council shall meet at least twice a year and may hold addi-
tional meetings as necessary to discharge its duties.

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  6. The role of the council shall  be  advisory.]  The  [council  shall
advise  the  secretary  in  the  administration  and  enforcement of the
provisions of this article and recommend to the] secretary SHALL PROMUL-
GATE regulations to implement the provisions of this  article  including
but not limited to:
  (a)  standards  for training including approval of the course of study
and examination required for licensure of home inspectors;
  (b) requirements  and  standards  for  continuing  education  of  home
inspectors;
  (c)  a  code  of  ethics  and  standards of practice for licensed home
inspectors consistent with the provisions  of  this  article  and  sound
ethical  practices  which  code and standards shall be subject to public
notice and comment prior to [a council recommendation to the  secretary]
ADOPTION OF THE REGULATIONS. The standards of practice shall not require
a  reporting  format or limit information which licensees are authorized
to provide a client pursuant to this article; and
  (d) development of information and educational  materials  about  home
inspection for distribution to clients.
  2.  Nothing  in  this  section shall be deemed to supersede any estab-
lished authority, duty and power established by local law, state law  or
regulation or otherwise granted to any agency, body or entity.
  S 154. Section 444-e of the real property law, as added by chapter 461
of  the laws of 2004, paragraphs (b) and (c) of subdivision 1 and subdi-
vision 3 as amended by chapter 225 of the laws of 2005,  is  amended  to
read as follows:
  S  444-e.  Qualifications for licensure. 1. An applicant for a license
as a home inspector shall:
  (a) have successfully completed high school or its equivalent; and
  (b) (i) have successfully completed a course of study of not less than
one hundred forty hours approved by the secretary[, in consultation with
the council], of which at least forty hours shall have been in the  form
of  unpaid  field  based  inspections  in  the presence of and under the
direct supervision of a home inspector licensed by the state of New York
or a professional engineer or architect regulated by the  state  of  New
York  who  oversees and takes full responsibility for the inspection and
any report provided to a client; or
  (ii) have performed not less than one hundred home inspections in  the
presence  of  and  under  the  direct  supervision  of  a home inspector
licensed by the state of New York or a professional engineer  or  archi-
tect  regulated  by  the  state  of New York who oversees and takes full
responsibility for the inspection and any report provided to  a  client;
and
  (c)  have  passed  a written or electronic examination approved by the
secretary[, in consultation with the  council,]  and  designed  to  test
competence  in  home  inspection  practice as determined by a recognized
role definition methodology and developed and administered to the extent
practicable  in  a  manner  consistent  with  the  American  Educational
Research  Association's  "Standards  for  Educational  and Psychological
Testing." An applicant who has passed an existing nationally  recognized
examination,  as  approved by the secretary, prior to the effective date
of this article shall be in compliance with this paragraph; and
  (d) pay the applicable fees.
  2. The provisions of this section shall not apply to a person perform-
ing a home inspection pursuant to subparagraph (ii) of paragraph (b)  of
subdivision  one of this section for the purpose of meeting requirements
for a home inspector license.

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  3. Upon submission of an application and payment  of  the  application
and  licensure  fee  to  the secretary, the secretary shall issue a home
inspector's license to a person who holds a  valid  license  as  a  home
inspector  issued by another state or possession of the United States or
the District of Columbia which has standards substantially equivalent to
those  of  this  state  as determined by the secretary[, in consultation
with the council].
  4. On or before the effective date  of  this  article,  the  secretary
shall, upon application, issue a home inspector license to a person who:
  (a)  meets  the  requirements of paragraphs (a) and (c) of subdivision
one of  this  section  and  has  performed  one  hundred  or  more  home
inspections  for  compensation  within  two years prior to the effective
date of this section; or
  (b) meets the requirements of paragraph (a) of subdivision one of this
section and has been engaged in the  practice  of  home  inspection  for
compensation  for  not less than three years prior to the effective date
of this section during which such person has performed two hundred fifty
home inspections for compensation within three years prior to the effec-
tive date of this section; or
  (c) has education and experience which the secretary[, in consultation
with the council,] considers equivalent to  that  required  pursuant  to
paragraphs (a) and (b) of this subdivision.
  S  155.  Subdivision  1  of section 444-f of the real property law, as
amended by chapter 225 of the laws  of  2005,  is  amended  to  read  as
follows:
  1.  Home inspector licenses and renewals thereof shall be issued for a
period of two years, except that the secretary may, in order to  stagger
the expiration date thereof, provide that those licenses first issued or
renewed  after the effective date of this section shall expire or become
void on a date fixed by the secretary, not sooner than  six  months  nor
later  than  twenty-nine months after the date of issue. No renewal of a
license shall be issued unless the applicant has successfully  completed
a  course of continuing education approved by the secretary[, in consul-
tation with the council].
  S 156. Subdivision 1 of section 444-k of the  real  property  law,  as
added by chapter 461 of the laws of 2004, is amended to read as follows:
  1.  Every  licensed  home  inspector who is engaged in home inspection
shall secure, maintain, and file with the secretary proof of  a  certif-
icate  of liability coverage, which terms and conditions shall be deter-
mined by the secretary [in consultation with the council].
  S 157. Section 444-l of the real property law, as added by chapter 461
of the laws of 2004, is amended to read as follows:
  S 444-l. Duties of the secretary. The secretary shall[,  in  consulta-
tion with the council,] establish such rules and regulations as shall be
necessary to implement the provisions of this article.
  S 158. Intentionally omitted.
  S 159. Intentionally omitted.
  S  160. Subdivisions 1 and 5 of section 846-k of the executive law, as
added by chapter 170 of the  laws  of  1994,  are  amended  to  read  as
follows:
  1. ["Board" means the New York motor vehicle theft and insurance fraud
prevention  board] "COMMISSIONER" MEANS THE COMMISSIONER OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES.
  5. "Provider agency" means a locality, governmental  agency,  or  not-
for-profit organization of any character that provides one or more motor

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vehicle  theft or insurance fraud prevention or driver safety activities
in accordance with a plan approved by the [board] COMMISSIONER.
  S  161. Section 846-l of the executive law, as added by chapter 170 of
the laws of 1994, subdivision 2 as amended by section 3,  paragraph  (e)
of  subdivision 3 as amended by section 4, and paragraph (h) of subdivi-
sion 3 as amended by section 5 of part T of chapter 57 of  the  laws  of
2000, is amended to read as follows:
  S  846-l.  New York motor vehicle theft and insurance fraud prevention
[board] DEMONSTRATION PROGRAM. 1. There is hereby created in  the  divi-
sion  of  criminal justice services the New York motor vehicle theft and
insurance fraud prevention [board  (hereinafter  "board"),  which  shall
consist of the following members:
  (a)   The  commissioner  of  criminal  justice  services  (hereinafter
"commissioner"), or his designee, who shall serve as the  voting  chair-
person of the board;
  (b)  Three voting members appointed by the governor on the recommenda-
tion of the speaker of the assembly provided, however, that no more than
two such appointments made pursuant to this paragraph shall be from  the
same  category  of  members  as  provided for in subdivision two of this
section.
  (c) Three voting members appointed by the governor on the  recommenda-
tion of the temporary president of the senate provided, however, that no
more than two such appointments made pursuant to this paragraph shall be
from  the same category of members as provided for in subdivision two of
this section; and
  (d) Five voting members appointed by the governor  provided,  however,
that  no more than two such appointments made pursuant to this paragraph
shall be from the same category of members as provided for  in  subdivi-
sion two of this section.
  2.  The  members  of  the board appointed on the recommendation of the
speaker of the assembly and the temporary president of the  senate,  and
the members of the board appointed by the governor pursuant to paragraph
(d)  of  subdivision  one  of  this  section, shall be representative of
consumers of motor vehicle insurance, motor vehicle insurance companies,
law enforcement agencies and the judicial system. The appointments shall
be made not later than one hundred eighty days after the date  on  which
this  section  shall  have  become law. Members of the board who are not
public officials shall serve for a term of four years.  Members  of  the
board shall serve without compensation, except that members of the board
who  are  not  public  officials shall be entitled to receive reasonable
reimbursement for expenses incurred by  them  in  performance  of  their
duties  as  members of the board. A majority of the members of the board
shall constitute a quorum for the transaction of business at a  meeting.
Action may be taken by the board at a meeting upon a vote of the majori-
ty  of  its members present. Every member of the board shall be entitled
to designate a representative to attend, in his or her place, a  meeting
of  the  board  and  to  vote  or  otherwise  act  in his or her behalf,
provided, however, that a member may not designate such a representative
more than once each year. Written notice of such  designation  shall  be
furnished  to  the  board by the designating member prior to any meeting
attended by his or her representative.  Any  such  representative  shall
serve  at the pleasure of the designating member. No such representative
shall be authorized to delegate any of his or her duties or functions to
any other person. The board shall meet at least four  times  each  year,
and  at  other  times at the call of the chairperson or upon the written
request of two-thirds of the members of the board.

S. 6613--A                         39                         A. 9713--A

  3. The] DEMONSTRATION PROGRAM.
  2. IN FURTHERANCE OF THE PROGRAM, THE commissioner shall[, pursuant to
the recommendation of the board,] have the power and duty to:
  (a)  Make,  execute,  and  deliver  contracts,  conveyances, and other
instruments necessary to effect  the  purposes  and  objectives  of  the
program;
  (b)  Accept any grant, including federal grants, or any other contrib-
utions for the purposes of the program. Any moneys so received shall  be
expended  by  the  commissioner  for the program's purposes, pursuant to
appropriation and subject to the  applicable  provisions  of  the  state
finance law;
  (c) Make grants pursuant to a request for proposals process;
  (d)  Appoint  such  employees  and agents as the commissioner may deem
necessary, fix their compensation within  the  limitations  provided  by
law, and prescribe their duties;
  (e)  Request from the division of state police, from county or munici-
pal police departments and agencies, from the department  of  insurance,
from the department of motor vehicles, from the office of court adminis-
tration,  from any other state department or agency or public authority,
or from any insurer which offers motor vehicle insurance such assistance
and data as are useful for the purposes and objectives of the program;
  (f) Cooperate with and assist political subdivisions of the  state  in
the  development  of  local  programs to prevent motor vehicle theft and
insurance fraud;
  (g) Advise and assist the  superintendent  of  insurance  pursuant  to
section two thousand three hundred forty-eight of the insurance law; and
  (h)  Submit,  no  later  than  February  fifteenth of each year to the
governor and the chairperson of the senate  finance  committee  and  the
chairperson  of  the assembly ways and means committee, a written report
on the [board's] DIVISION'S activities, the activities of grant  recipi-
ents,  the  results  achieved  by  the grant recipients in improving the
detection, prevention or reduction of motor vehicle theft and  insurance
fraud  and  the  impact such efforts may have on motor vehicle insurance
rates.
  S 162. Subdivision 1 of section 846-m of the executive law, as amended
by section 6 of part T of chapter 57 of the laws of 2000, is amended  to
read as follows:
  1.  In  accordance  with  the  legislative intent of this article, the
[board] COMMISSIONER shall develop [and recommend to the commissioner] a
plan of operation which shall provide  for  a  coordinated  approach  to
curtailing  motor  vehicle  theft  and  motor  vehicle  insurance  fraud
throughout the state. The plan shall  provide  an  integrated  means  to
detect,  prevent, deter and reduce motor vehicle theft and motor vehicle
insurance fraud by providing funds[,  upon  the  recommendation  of  the
board  and  approved by the commissioner,] to meet these objectives. The
plan of operation shall include but not be limited to: an assessment  of
the scope of the problem of motor vehicle theft and motor vehicle insur-
ance  fraud,  including  a  regional  analysis of the incidence of motor
vehicle theft and motor vehicle insurance fraud and related  activities;
an  analysis of various methods of combating the problem; and the devel-
opment of a request for proposals process, consistent with the plan, for
applications from provider agencies to receive grants from the fund.
  S 163. Paragraph (c) of subdivision 2 of section 846-m of  the  execu-
tive law, as amended by section 6 of part T of chapter 57 of the laws of
2000, is amended to read as follows:

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  (c)  In allocating the moneys for the program, the commissioner[, upon
recommendation of the board,] shall, to the  greatest  extent  possible,
take  into  account  the geographic incidence of motor vehicle theft and
insurance fraud, whereby localities with the greatest incidence of motor
vehicle  theft and insurance fraud shall be targeted for the purposes of
this program.
  S 164. Subdivision 4 of section 89-d of  the  state  finance  law,  as
amended  by  chapter  170  of  the  laws  of 1994, is amended to read as
follows:
  4. The moneys received by such fund  shall  be  expended  pursuant  to
appropriation  only  to  fund  provider agencies which have been awarded
grants [by] PURSUANT TO the motor  vehicle  theft  and  insurance  fraud
prevention [board] DEMONSTRATION PROGRAM established pursuant to section
eight  hundred  forty-six-l  of  the  executive law. All moneys expended
pursuant to this subdivision shall be for  the  reimbursement  of  costs
incurred by provider agencies.
  S 165. Section 844-a of the executive law is REPEALED.
  S  166.  Section 160-a of the executive law, as amended by chapter 397
of the laws of 1991, and paragraph (c) of  subdivision  6  as  added  by
chapter 241 of the laws of 1999, is amended to read as follows:
  S 160-a. Definitions.  As  used  in  this  article the following terms
shall mean:
  1. "Analysis" is a study of real estate or real  property  other  than
estimating value.
  2.  "Appraisal"  or "real estate appraisal" means an analysis, opinion
or conclusion relating to the nature, quality, value or utility of spec-
ified interests in, or aspects of, identified real estate. An  appraisal
may be classified by subject matter into either a valuation or an analy-
sis.
  3. "Appraisal report" means any written communication of an appraisal.
  4. ["Board" means the state board of real estate appraisal established
pursuant  to the provisions of section one hundred sixty-c of this arti-
cle.
  5.] (a) "Certified appraisal" or "certified appraisal report" means an
appraisal or appraisal report given or signed and certified as such by a
certified real estate appraiser.    When  identifying  an  appraisal  or
appraisal  report  as  "certified",  the  state  certified  real  estate
appraiser must indicate which type of certification is held. A certified
appraisal or appraisal report represents to the public that it meets the
appraisal standards defined in this article.
  (b) "Licensed appraisal"  or  "licensed  appraisal  report"  means  an
appraisal  or appraisal report given or signed and authenticated as such
by a licensed real estate appraiser. A licensing appraisal or  appraisal
report represents to the public that it meets the appraisal standards as
prescribed by the [board] DEPARTMENT.
  [6.] 5. (a) "State certified real estate appraiser" means a person who
develops and communicates real estate appraisal and who holds a current,
valid certificate issued to him or her for either general or residential
real estate under the provisions of this article.
  (b) "State licensed real estate appraiser" means a person who develops
and  communicates real property appraisals and who holds a current valid
license issued to him or her for residential  real  property  under  the
provisions of this article.
  (c)  "State  licensed  real estate appraiser assistant" means a person
who assists and is supervised by a state licensed real estate  appraiser

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or  state  certified real estate appraiser and who holds a current valid
license issued to him or her under the provisions of this article.
  [7.] 6. "Department" shall mean the department of state.
  [8.]  7.  "Real  estate"  means an identified parcel or tract of land,
including improvements, if any.
  [9.] 8. "Real property" means one or more defined interests,  benefits
and rights inherent in the ownership of real estate.
  [10.]  9.  "Valuation"  is  an estimate of the value of real estate or
real property.
  S 167. Section 160-c of the executive law is REPEALED.
  S 168. Section 160-d of the executive law, as amended by  chapter  397
of the laws of 1991, subdivision 1 as amended by chapter 241 of the laws
of 1999, is amended to read as follows:
  S 160-d. Powers  of the [board] DEPARTMENT.  1. The [board] DEPARTMENT
shall adopt rules and regulations in aid or furtherance of this  article
and shall have the following powers and duties:
  a.  To  define,  with respect to each category of state certified real
estate appraisers, state licensed  real  estate  appraisers,  and  state
licensed real estate appraiser assistants, the type of educational expe-
rience,  appraisal  experience  and equivalent experience that will meet
the statutory requirements of this article, provided, however,  that  in
no  event  shall  the experience, education and examination requirements
adopted by the [board] DEPARTMENT be  less  than  the  minimum  criteria
established  by  the  Appraisal  Subcommittee  of  the Federal Financial
Institutions Examination Council or by the Appraiser Qualification Board
of the Appraisal Foundation as referred to in title XI of the  Financial
Institutions Reform, Recovery and Enforcement Act of 1989;
  b.  To establish examination specifications consistent with the stand-
ards of the Appraisal Qualifications Board of the  Appraisal  Foundation
for state licensed real estate appraiser assistants, state licensed real
estate  appraisers  and  each  category  of  state certified real estate
appraisers, to provide or procure appropriate examination questions  and
answers and to establish procedures for grading examinations;
  c.  To  define,  with  respect to state licensed real estate appraiser
assistants, state licensed real estate appraisers and each  category  of
state   certified  real  estate  appraisers,  the  continuing  education
requirements for the renewal of a license or a certification  that  will
meet the statutory requirements provided in this article;
  d.  To  review  the standards for the development and communication of
real estate appraisals provided in this article and to adopt regulations
explaining and interpreting such standards, provided, however, that such
standards must, at a  minimum,  conform  to  the  uniform  standards  of
professional  appraisal  as promulgated by the Appraisal Standards Board
of the Appraisal Foundation; and
  e. To prescribe the scope of practice for state licensed  real  estate
appraiser  assistants,  state  licensed  real estate appraisers and each
category of state certified real estate appraisers,  provided,  however,
that  in  no event shall the scope of practice prescribed by the [board]
DEPARTMENT be less  than  the  scope  of  practice  established  by  the
Appraisal Subcommittee of the Federal Financial Institutions Examination
Council or by the Appraiser Qualification Board of the Appraisal Founda-
tion  as  referred  to in title XI of the Financial Institutions Reform,
Recovery and Enforcement Act of 1989;
  f. To perform such other functions and duties as may be  necessary  in
carrying out the provisions of this article.

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  2.  The  [board]  DEPARTMENT  shall  promulgate  rules and regulations
prescribing the form and content of each appraisal  report.  Such  rules
and  regulations  shall  include  but  are  not limited to the following
requirements:
  a.  Each  appraisal  report  shall clearly and accurately disclose any
extraordinary assumption or limited condition that directly  affects  an
appraisal.
  b.  Each  written  appraisal  report  shall  comply with the following
specific reporting guidelines:
  (1) Identify and describe the real estate being appraised;
  (2) Identify the real property being appraised;
  (3) Define the opinion that  is  the  purpose  of  the  appraisal  and
describe the scope of the appraisal;
  (4)  Set  forth  the effective date of the opinion and the date of the
appraisal report;
  (5) Set forth the appraiser's opinion of the highest and best  use  of
the  real  estate  being appraised when such an opinion is necessary and
appropriate;
  (6) Set forth the appraisal procedure followed,  the  data  considered
and the reasoning that supports the analyses, opinions and conclusions;
  (7)  Set forth all assumptions and limiting conditions that affect the
analyses, opinions and conclusions in the appraisal report; and
  (8) Set forth any additional information that may  be  appropriate  to
show  compliance  with,  and  identify  permitted  departures  from, the
requirements for the development of appraisals as provided in this arti-
cle or as established by the [board] DEPARTMENT.
  3. The [board] DEPARTMENT shall establish standards of  developing  an
appraisal.   Such standards shall, among other things, state the follow-
ing guidelines:
  a. All state certified or licensed real estate  appraisers  conducting
certified  or licensed appraisals, performing appraisal service or issu-
ing an appraisal shall:
  (1) Be aware of, understand  and  correctly  employ  those  recognized
appraisal  methods and techniques that are necessary to produce a credi-
ble analysis, opinion or conclusion;
  (2) Not commit a substantial error or  omission  of  commission  which
results from a significant departure from the recognized appraisal meth-
ods and techniques;
  (3)  Not  commit  a  substantial  error or omission of commission that
significantly affects an analysis, opinion or conclusion;
  (4) Identify the real estate and real  property  under  consideration,
define  the  opinion  that is the purpose of the appraisal, consider the
scope of the appraisal service and identify the effective  date  of  the
opinion;
  (5)  Identify  and consider the appropriate procedures and market data
required to perform the appraisal service, where appropriate;
  (6) Consider the effect on use and value  of  the  following  factors:
existing land use regulations, reasonably probable modifications of land
use regulations, economic demand, the physical adaptability of the prop-
erty, neighborhood trends and the highest and best use of the property;
  (7) Consider the effect on the property being appraised of anticipated
public  or  private  improvements,  located  on  or off the site, to the
extent that market actions reflect the anticipated  improvements  as  of
the effective appraisal date;

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  (8)  Recognize  that land may be appraised as though vacant and avail-
able for development and that the appraisal of improvements is based  on
their actual contributions to the site;
  (9)  Appraise  proposed  improvements  only after examining and having
available for future examination plans, specifications or other documen-
tation sufficient to identify the scope and character  of  the  proposed
improvements, evidence indicating the probable time of completion of the
proposed  improvements,  and  reasonably  clear and appropriate evidence
supporting development costs, anticipated  earnings,  occupancy  projec-
tions and the anticipated competition at the time of completion; and
  (10)  Base  estimates  of anticipated future rent and expenses for the
real estate and real property being appraised on  reasonably  clear  and
appropriate evidence.
  b.  In  addition to the foregoing, an appraiser shall define the value
being considered. If the value estimate is a statement  or  estimate  of
market  value, he or she shall clearly indicate whether the statement or
estimate is the most probable  price  in  terms  of  cash  or  financial
arrangements  equivalent  to  cash  or  other  terms as may be precisely
defined. If an estimate of value is  based  on  submarket  financing  or
financing  with  unusual  conditions  or incentives, the terms of such a
typical financing shall be clearly set forth, their contributions to, or
negative influence on value shall be described and  estimated,  and  the
market  data  supporting  the  valuation estimate shall be described and
explained.
  c. For each real property appraisal analysis,  opinion  or  conclusion
that  contains  an estimate of value, a state certified or licensed real
estate appraiser shall observe all of the following specific real  prop-
erty appraisal guidelines:
  (1)  Consider  whether  an  appraised  fractional  interest,  physical
segment or partial holding contributes pro rata  to  the  value  of  the
whole;
  (2)  Identify  any  personal property or other items that are not real
estate but are included with  or  considered  in  connection  with  real
estate  being  appraised  and  contribute to the total value estimate or
conclusion;
  (3) Consider and analyze any current  agreement  of  sale,  option  or
listing  of  the  real  estate and real property being appraised, if the
information is available to the person in the normal course of business;
  (4) Consider and  analyze  any  prior  sales  of  the  property  being
appraised that occurred within one year;
  (5)  When  estimating  the value of a leased fee estate or a leasehold
estate, analyze and consider the effect on value, if any, of  the  terms
and conditions of the lease; and
  (6)  Give careful consideration to the effect on value, if any, of the
assemblage of the various estates or component parts of  an  estate  and
refrain from estimating the value of the whole solely by adding together
the individual values of its various estates or component parts.
  d.  In  developing  a  review appraisal, a state certified or licensed
real estate appraiser  shall  observe  all  of  the  following  specific
appraisal guidelines:
  (1)  Identify  the  appraisal  report  being reviewed, the real estate
being appraised, the real property being appraised, the  effective  date
of  the  opinion in the original report, the date of the original report
and the date of the review;

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  (2) Identify the scope of the review process to be conducted,  includ-
ing  a determination of whether or not it is appropriate or essential to
inspect the appraised property and the data presented;
  (3)  Form an opinion as to the adequacy and relevance of the data used
and the propriety of any adjustment made;
  (4) Form an opinion as to whether or not  the  appraisal  methods  and
techniques  used  were  appropriate  and,  if  not,  the reasons for the
person's disagreement with the original appraisal; and
  (5) Form an opinion as to whether or not  the  analyses,  opinions  or
conclusions in the report being reviewed are correct or appropriate and,
if  not,  state  his or her analyses, opinions or conclusions and his or
her reasons for disagreement with the original appraisal.
  e. In developing an appraisal for an employer or  a  client,  a  state
certified or licensed real estate appraiser shall carefully consider and
determine  whether  the appraisal service to be performed is intended to
result in an analysis, opinion or conclusion of  a  disinterested  third
party  and  therefore  would be classified as an appraisal assignment as
defined in subdivision two of section one hundred sixty-x of this  arti-
cle.  If the appraisal service to be performed is not intended to result
in an analysis, opinion or conclusion of a  disinterested  third  party,
the  person shall then carefully consider whether or not he or she would
be perceived by third parties or the public as acting as a disinterested
third party.
  f. Prior to entering into an agreement  to  perform  a  real  property
appraisal  service,  a state certified or licensed real estate appraiser
shall carefully consider the  knowledge  and  experience  that  will  be
required to complete the appraisal service competently and either:
  (1)  Have  the  knowledge  and  experience  necessary  to complete the
appraisal service competently; or
  (2) Immediately disclose the lack of knowledge or  experience  to  the
client  and  take  all steps necessary to complete the appraisal service
competently.
  g. A state certified or licensed real estate appraiser may enter  into
an agreement to perform a real property appraisal service that calls for
something less than, or different from, the work that would otherwise be
required  by  the  specific appraisal guidelines, provided that prior to
entering into the agreement, he or she has done all of the following:
  (1) The state certified or licensed real estate appraiser  has  deter-
mined  that  the  appraisal service to be performed is not so limited in
scope that the resulting analysis, opinion or conclusion concerning real
estate or real property would tend to mislead or confuse the client, the
users of the appraisal report or the public; and
  (2) The state certified or licensed real estate appraiser has  advised
the  client that the appraisal service calls for something less than, or
different from, the work required by the specific appraisal  guidelines,
and  therefore  the  appraisal  report will include a qualification that
reflects the limited or differing scope of the appraisal service.
  S 169. Section 160-e of the executive law, as amended by  chapter  397
of the laws of 1991, is amended to read as follows:
  S 160-e. [Powers]  ADDITIONAL POWERS of the department. The department
shall have the following ADDITIONAL powers and duties:
  1. To receive applications for certification and licensing;
  2. To establish the administrative procedures for processing  applica-
tions for certification and licensing;
  3.  To approve or disapprove applications for certification or license
and issue certificates or licenses;

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  4. To maintain a registry of the names and addresses of people  certi-
fied or licensed under this article;
  5. To retain records and all application materials submitted to it;
  6.  To  approve  courses  and  seminars  for original certification or
licensing and continuing education to ensure that the same are  consist-
ent  with the standards established by the [board] DEPARTMENT, or equiv-
alent to those required by such standards;
  7. [To assist the board in such other manner as the board may request;
  8. To establish administrative procedures for disciplinary proceedings
conducted pursuant to the provisions of this article; and
  9.] To suspend and revoke certificates or  licenses  pursuant  to  the
disciplinary proceedings provided for in this article.
  S 170. Subdivision 1 of section 160-g of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
  1.   Applications  for  original  certification  and  recertification,
original license and renewal of license, and examinations shall be  made
in   writing  to  the  department  on  forms  approved  by  the  [board]
DEPARTMENT.
  S 171. Subdivision 1 of section 160-h of the executive law, as amended
by chapter 241 of the laws of 1999, is amended to read as follows:
  1. There shall be one class of license for state licensed real  estate
appraiser  assistants,  one  class  of  license  for state licensed real
estate appraisers and two classes of certification for  state  certified
real  estate  appraisers.  The  classes  of certification shall be state
certified residential real estate appraiser and state certified  general
real estate appraiser.  The [board] DEPARTMENT shall prescribe the scope
of  practice  for  each  license  and  both  classes  of  certification,
provided, however,  that  in  no  event  shall  the  scope  of  practice
prescribed  by  the [board] DEPARTMENT be less than the minimum criteria
established by the  Appraisal  Subcommittee  of  the  Federal  Financial
Institutions Examination Council or by the Appraiser Qualification Board
of  the Appraisal Foundation as referred to in title XI of the Financial
Institutions Reform, Recovery and Enforcement Act of 1989.
  S 172. Section 160-j of the executive law, as amended by  chapter  248
of the laws of 2007, is amended to read as follows:
  S 160-j. Examination  prerequisites.  1. Certified general classifica-
tion.  As a prerequisite to taking the examination for certification  as
a  state  certified  general  real  estate appraiser, an applicant shall
present evidence satisfactory to the [board] DEPARTMENT that he  or  she
has fulfilled the minimum education and experience requirements for such
certification  examination  as  established  by  the [board] DEPARTMENT,
which shall not be less than the minimum  criteria  established  by  the
Appraiser  Qualification  Board  pursuant  to  Title XI of the Financial
Institution Reform, Recovery and Enforcement Act of 1989.
  2. Certified residential classification. As a prerequisite  to  taking
the  examination for certification as a state certified residential real
estate appraiser, an applicant shall present  evidence  satisfactory  to
the  [board]  DEPARTMENT that he or she has fulfilled the minimum educa-
tion and experience requirements for such certification  examination  as
established  by the [board] DEPARTMENT, which shall not be less than the
minimum criteria established by the Appraiser Qualification Board pursu-
ant to Title XI  of  the  Financial  Institution  Reform,  Recovery  and
Enforcement Act of 1989.
  3.  Licensed  classification. As a prerequisite to taking the examina-
tion for licensing as a state licensed real estate appraiser, an  appli-
cant  shall present evidence satisfactory to the [board] DEPARTMENT that

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he or she has fulfilled the minimum education  and  experience  require-
ments  for  such certification examination as established by the [board]
DEPARTMENT, which shall not be less than  the  minimum  criteria  estab-
lished  by the Appraiser Qualification Board pursuant to Title XI of the
Financial Institution Reform, Recovery and Enforcement Act of 1989.
  S 173. Subdivision 1 of section 160-k of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
  1.  An  original  certification  of  a  state  certified  real  estate
appraiser,  or  an  original  license  of  a  state licensed real estate
appraiser, shall not be issued to any person who does  not  possess  the
equivalent  of  two  years  of  appraisal  experience  in  real property
appraisal as defined by the [board]  DEPARTMENT  supported  by  adequate
written reports. Such experience may include fee and staff appraisal, ad
valorem tax appraisal, review appraisal, appraisal analysis, highest and
best  use  analysis,  feasibility  analysis  or  study,  and teaching of
appraisal courses at a university, college, or junior college when  such
courses have a duration of not less than ten weeks.
  S 174. Subdivision 2 of section 160-m of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
  2.  When  a nonresident of this state, certified or licensed under the
laws of his resident state, the certification and licensing  process  of
which  has  not  been  disapproved  by the appraisal subcommittee of the
federal financial institutions examination council, does not maintain an
office for providing appraisal services to clients in  this  state,  and
has complied with subdivision one of this section, such nonresident may,
upon  recommendation  of the [board] DEPARTMENT, pursuant to such tempo-
rary licensing rules  or  regulations  as  the  [board]  DEPARTMENT  may
promulgate,  provide  certified  or  licensed  appraisals.  No temporary
certificate or license shall be valid for a duration  greater  than  one
year  after  the  date  of  issue.  Any person performing, or seeking to
perform, federally related appraisals shall be liable for, and pay,  all
fees, rated proportionately, which would apply to such person were he or
she a resident of this state.
  S  175.  Subdivision 4 of section 160-m of the executive law, as added
by chapter 397 of the laws of 1991, is amended to read as follows:
  4. The [board] DEPARTMENT shall recognize on  a  temporary  basis  the
certification  or license of an appraiser issued by another state pursu-
ant to section 1122 of Title XI of the  Financial  Institutions  Reform,
Recovery,  and  Enforcement Act of 1989, Pub. Law. No. 101-73, 103 Stat.
183 (1989) (codified at 12 U.S.C. 331 et seq.).
  S 176. Section 160-n of the executive law, as amended by  chapter  397
of the laws of 1991, is amended to read as follows:
  S 160-n. Nonresident  certification and licensing by reciprocity.  If,
in the determination of the [board]  DEPARTMENT,  the  certification  or
licensing process has not been disapproved by the appraisal subcommittee
of  the federal financial institutions examination council, an applicant
who is certified under the laws of such other state may obtain a certif-
icate as a state certified real estate appraiser or a license as a state
licensed real estate appraiser in this state upon such terms and  condi-
tions as may be determined by the department.
  S 177. Subdivision 1 of section 160-r of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
  1.  A  certificate  or  license issued under authority of this article
shall bear the signature of  the  [executive  secretary  of  the  board]
SECRETARY  OF  STATE and a certificate or license number assigned by the
department.

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  S 178. Subdivision 4 of section 160-t of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
  4.  The  secretary of state or her duly appointed designee shall adopt
regulations [upon recommendation by the board]  for  implementations  of
the  provisions  of  this  article to assure that persons renewing their
certifications as state certified real estate appraisers or licenses  as
state  licensed  real  estate  appraisers have current knowledge of real
property appraisal theories, practices and techniques which will provide
a high degree of service and protection to those members of  the  public
with  whom  they  deal in a professional relationship under authority of
the certification  or  license.  The  regulations  shall  prescribe  the
following:
  a.  Policies  and  procedures  for  obtaining departmental approval of
courses of instruction pursuant to subdivision two of this section;
  b. Standards, policies and procedures to be applied by the  department
in  evaluating  applicant's  claims  of  equivalency  in accordance with
subdivision three of this section;
  c. Standards, monitoring methods and systems for recording  attendance
to  be  employed  by  course  sponsors  as  a prerequisite to department
approval of courses for credit.
  S 179. Subdivision 5 of section 160-t of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
  5. In adopting regulations pursuant to paragraph a of subdivision four
of this section, the [board] DEPARTMENT shall give  favorable  consider-
ation  to  courses  of  instruction,  seminars  and  other real property
appraisal educational courses or programs previously or hereafter devel-
oped by or under the auspices of  professional  appraisal  organizations
and  utilized by those associations for purposes of designation or indi-
cating compliance with the continuing  education  requirements  of  such
organizations.
  S  180.  Subdivision 8 of section 160-t of the executive law, as added
by chapter 241 of the laws of 1999, is amended to read as follows:
  8. The [board] DEPARTMENT shall  prescribe  the  continuing  education
requirements  for  licensed  real estate appraiser assistants; provided,
however, that in no event shall such requirements be less than the mini-
mum criteria established by the Appraisal Subcommittee  of  the  Federal
Financial  Institutions  Examination  Council or by the Appraiser Quali-
fication Board of the Appraisal Foundation as referred to in title XI of
the Financial Institutions Reform, Recovery and Enforcement Act of 1989.
  S 181. Paragraph i of subdivision 1 of section 160-u of the  executive
law,  as  amended by chapter 397 of the laws of 1991, is amended to read
as follows:
  i. Willfully disregarding or violating any of the provisions  of  this
article  or  the  regulations of the [board] DEPARTMENT for the adminis-
tration and enforcement of the provisions of this article;
  S 182. Subdivision 3 of section 160-z of the executive law, as amended
by chapter 397 of the laws of 1991, is amended to read as follows:
  3. All records required to be maintained under the provisions of  this
article  shall be made available by the state certified or licensed real
estate appraiser for inspection and copying by the [board] DEPARTMENT on
reasonable notice to such appraiser. All  such  records  copied  by  the
[board]  DEPARTMENT  shall be kept confidential, except where disclosure
of same is required by law or mandate of a court.
  S 183. Section 160-aa of the executive law, as added by chapter 397 of
the laws of 1991, is amended to read as follows:

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  S 160-aa. Transitional  licensing.  Consistent  with  the  intent  and
purpose  of  this  article, and without the disapproval of the appraisal
subcommittee of the federal financial institutions examination  council,
the  [board]  DEPARTMENT  may  prescribe  requirements  for transitional
licenses  which  shall  expire  no  later  than  January first, nineteen
hundred ninety-three.
  S 184. Subdivision 6 of section 870-e of the labor law,  as  added  by
chapter 368 of the laws of 2006, is amended as follows:
  6.  The  commissioner  shall[, in consultation with the carnival, fair
and amusement park safety advisory board as  established  under  section
eight  hundred  seventy-n  of this article, as added by a chapter of the
laws of two thousand six,] establish  rules  and  regulations  providing
standards  for  the  design,  manufacture,  testing, inspection, quality
assurance and terminology of amusement  devices.  The  rules  and  regu-
lations  established  pursuant  to  this subdivision shall be consistent
with the national standards for amusement devices, as established by the
American Society of Testing and Materials.
  S 185. Section 870-n of the labor law is REPEALED.
  S 186. Section 870-o of the labor law, as added by chapter 367 of  the
laws of 2006, is amended as follows:
  S  870-o.  Amusement  device  and attraction awareness. The department
shall develop, establish and implement[, in cooperation with the  carni-
val,  fair  and  amusement  park  safety  advisory  board established in
section eight hundred seventy-n of this article,] a program  to  educate
and  provide  awareness  to the public on the risks of amusement devices
and attractions to both adults and children, and  how  adults  can  take
steps  to  assure  their  own safety and the safety of children in their
care. The program established pursuant to this section shall provide and
disseminate guidelines  for  safety  while  riding  or  using  amusement
devices or attractions by adults, adolescents and children. Such program
shall utilize written information provided to the public and the posting
of  conspicuous  signs  at  carnivals,  fairs  and  amusement  parks, as
required by law or regulation.
  S 187. Section 2004-a of the public health law is REPEALED.
  S 188. Section 216 of the elder law is REPEALED.
  S 189. Article III of the elder law is REPEALED.
  S 190. Intentionally omitted.
  S 191. Intentionally omitted.
  S 192. Intentionally omitted.
  S 193. Intentionally omitted.
  S 194. Section 120 of the economic development law is REPEALED.
  S 195. Article 28 of the executive law is REPEALED.
  S 196. Section 26 of chapter 115 of the laws of 2008 creating  a  task
force on the future of off-track betting in New York state is REPEALED.
  S 197. Section 216-b of the vehicle and traffic law is REPEALED.
  S  198. Section 209 of the elder law, subdivision 5-a as added and the
opening paragraph of subdivision 8 as amended by section 2 of part E  of
chapter  58 of the laws of 2005, subdivision 6 as added and subdivisions
7 and 8 as renumbered by chapter 82 of the laws of 2008, is  amended  to
read as follows:
  S  209.  Naturally  occurring  retirement community supportive service
program. 1. As used in this section:
  (a) "Advisory  committee"  or  "committee"  shall  mean  the  advisory
committee  convened [by] TO ASSIST the director [pursuant to subdivision
three of] FOR THE PURPOSES SPECIFIED IN  this  section.  Such  committee

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shall  be  broadly  representative of housing and senior citizen groups,
and all geographic areas of the state.
  (b) ["Elderly" or "elderly persons"] "OLDER ADULTS" shall mean persons
who are sixty years of age or older and who are heads of households.
  (c) "Eligible applicant" shall mean a not-for-profit agency specializ-
ing  in  housing,  health  or other human services which serves or would
serve the community within which a naturally occurring retirement commu-
nity is located.
  (d) "Eligible services" shall mean services including, but not limited
to: case management, care coordination,  counseling,  health  assessment
and  monitoring,  transportation,  socialization  activities,  home care
facilitation and monitoring, and other services designed to address  the
needs  of  residents  of  naturally  occurring retirement communities by
helping them extend their independence, improve their quality  of  life,
and avoid unnecessary hospital and nursing home stays.
  (e)  "Government  assistance" shall mean and be broadly interpreted to
mean any monetary assistance provided by the federal,  the  state  or  a
local  government,  or  any  agency  thereof, or any authority or public
benefit corporation, in any form, including loans or loan subsidies, for
the construction of an apartment building or housing complex for low and
moderate income persons, as such term is defined by  the  United  States
Department of Housing and Urban Development.
  (f) "Naturally occurring retirement community" shall mean an apartment
building or housing complex which:
  (1) was constructed with government assistance;
  (2) was not originally built for [elderly persons] OLDER ADULTS;
  (3) does not restrict admissions solely to [the elderly] OLDER ADULTS;
  (4)  AT  LEAST  fifty  percent  of  the  units have an occupant who is
[elderly] AN OLDER ADULT or in which AT LEAST twenty-five hundred of the
residents are [elderly] OLDER ADULTS; and
  (5) a majority of the [elderly] OLDER ADULTS to be served are  low  or
moderate  income,  as defined by the United States Department of Housing
and Urban Development.
  2. A  naturally  occurring  retirement  community  supportive  service
program  is established as a demonstration program to be administered by
the director.
  3. The director shall [convene] BE ASSISTED BY an  advisory  committee
[to  aid  in  developing] IN THE DEVELOPMENT OF appropriate criteria for
the selection of grantees of funds provided pursuant to this section AND
PROGRAMMATIC ISSUES AS DEEMED APPROPRIATE BY THE DIRECTOR.   [The  func-
tions otherwise required to be performed by the advisory committee shall
be performed by the director until such committee is convened; provided,
however,  that  the  director  shall under no circumstances perform such
functions after the expiration of six months after the effective date of
this section.]
  4. The criteria recommended by the committee and adopted by the direc-
tor for the award of grants shall be consistent with the  provisions  of
this section and shall include, at a minimum:
  (a)  the number, size, type and location of the projects to be served;
provided, that the committee and director shall make reasonable  efforts
to  assure  that geographic balance in the distribution of such projects
is maintained, consistent with the needs to be addressed, funding avail-
able, applications for eligible applicants, other requirements  of  this
section, and other criteria developed by the committee and director;
  (b)  the appropriate number and concentration of [elderly] OLDER ADULT
residents to be served by an individual  project;  provided,  that  such

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criteria  need  not  specify,  in  the  case of a project which includes
several buildings, the number of [elderly] OLDER ADULTS to be served  in
any individual building;
  (c) the demographic characteristics of the residents to be served;
  (d)  the  financial  support required to be provided to the project by
the owners, managers and residents of the housing development; provided,
however, that such criteria need not  address  whether  the  funding  is
public or private, or the source of such support;
  (e)  the scope and intensity of the services to be provided, and their
appropriateness for the residents proposed to be  served.  The  criteria
shall not require that the applicant agency be the sole provider of such
services,  but  shall  require  that the applicant at a minimum actively
manage the provision of such services;
  (f) the experience and financial stability of  the  applicant  agency,
provided  that  the  criteria  shall  require  that priority be given to
programs already in operation, including those projects participating in
the resident advisor program administered by the  office,  and  enriched
housing  programs  which meet the requirements of this section and which
have demonstrated to the satisfaction of the director and the  committee
their  fiscal and managerial stability and programmatic success in serv-
ing residents;
  (g) the nature and extent of requirements proposed to  be  established
for active, meaningful participation for residents proposed to be served
in  project  design,  implementation,  monitoring, evaluation and gover-
nance;
  (h)  an  agreement  by  the  applicant  to  participate  in  the  data
collection  and  evaluation  project  necessary  to  complete the report
required by this section;
  (i) the policy and program roles of the applicant agency and any other
agencies involved in the provision of services or the management of  the
project,  including  the  housing  development  governing body, or other
owners or managers of the apartment buildings and housing complexes  and
the  residents  of  such  apartment buildings and housing complexes. The
criteria shall require a clear delineation of such  policy  and  program
roles;
  (j)  a requirement that each eligible agency document the need for the
project and financial commitments to it from such sources as the commit-
tee and the director shall deem  appropriate  given  the  character  and
nature of the proposed project, and written evidence of support from the
appropriate housing development governing body or other owners or manag-
ers  of  the  apartment  buildings and housing complexes. The purpose of
such documentation shall be to demonstrate the  need  for  the  project,
support  for it in the areas to be served, and the financial and manage-
rial ability to sustain the project;
  (k) a requirement that any aid provided pursuant to  this  section  be
matched  by an equal amount from other sources and that at least twenty-
five percent of such amount be contributed by  the  housing  development
governing  body  or other owners or managers and residents of the apart-
ment buildings and housing complexes in which the project  is  proposed;
and
  (l)  the  circumstances under which the director may waive all or part
of the requirement for provision of an  equal  amount  of  funding  from
other  sources  required  pursuant to paragraph (k) of this subdivision,
provided that such criteria shall include provision for  waiver  at  the
discretion  of  the  director  upon  a  finding by the director that the
program will serve a low income or hardship  community,  and  that  such

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waiver is required to assure that such community receive a fair share of
the  funding available. The committee shall develop appropriate criteria
for determining whether a community is a low income or hardship communi-
ty.
  5.  Within  amounts  specifically appropriated therefor and consistent
with the criteria developed and required pursuant to  this  section  the
director  shall  approve grants to eligible applicants in amounts not to
exceed one hundred fifty thousand dollars for a project  in  any  twelve
month period. The director shall not approve more than ten grants in the
first twelve month period after the effective date of this section.
  5-a.  The  director  may, in addition recognize neighborhood naturally
occurring retirement communities, or  Neighborhood  NORCs,  and  provide
program  support  within amounts specifically available by appropriation
therefor, which shall be subject to the requirements,  rules  and  regu-
lations of this section, provided however that:
  (a)  the term Neighborhood NORC as used in this subdivision shall mean
and refer to a residential dwelling or group of residential dwellings in
a geographically defined neighborhood of a municipality  containing  not
more  than two thousand persons who are [elderly] OLDER ADULTS reside in
at least forty percent of the units and which is  made  up  of  low-rise
buildings  six  stories or less in height and/or single and multi-family
homes and which area was not originally developed for [elderly  persons]
OLDER  ADULTS,  and  which  does not restrict admission strictly to [the
elderly] OLDER ADULTS;
  (b) grants to an eligible Neighborhood NORC  shall  be  no  less  than
sixty thousand dollars for any twelve-month period;
  (c)  the  director  shall  [convene  an]  BE  ASSISTED BY THE advisory
committee [to help develop] IN  THE  DEVELOPMENT  OF  criteria  for  the
selection  of  grants provided pursuant to this section AND PROGRAMMATIC
ISSUES AS DEEMED APPROPRIATE BY THE DIRECTOR.  [The functions  otherwise
required to be performed by the advisory committee shall be performed by
the  director  until  the committee is convened, or for six months after
the effective date of this subdivision, whichever occurs  earlier.]  The
criteria  recommended  by  the committee and adopted by the director for
the award of grants shall be consistent  with  the  provisions  of  this
subdivision  and shall include, at a minimum, the following requirements
or items of information using such criteria as  the  advisory  committee
and the director shall approve:
  (1)  the  number,  size, type and location of residential dwellings or
group of residential dwellings selected as candidates  for  neighborhood
NORCs funding. The director shall make reasonable efforts to assure that
geographic  balance  in  the  distribution of such grants is maintained,
consistent with the needs to be addressed, funding  available,  applica-
tions from eligible applicants, ability to coordinate services and other
requirements of this section;
  (2)  the appropriate number and concentration of [elderly] OLDER ADULT
residents to be served by an individual Neighborhood NORC. The  criteria
need  not  specify  the number of [elderly] OLDER ADULTS to be served in
any individual building;
  (3) the demographic characteristics of the residents to be served;
  (4) a requirement that the applicant demonstrate  the  development  or
intent  to  develop  community wide support from residents, neighborhood
associations, community groups, nonprofit organizations and others;
  (5) a requirement that the boundaries of the  geographic  area  to  be
served  are  clear  and  coherent and create an identifiable program and
supportive community;

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  (6) a requirement that the applicant commit to raising matching  funds
from  non-state  sources  of  fifteen  percent of the state grant in the
second year after the program is approved, twenty-five  percent  in  the
third  year,  forty percent in the fourth year, and fifty percent in the
fifth year, and further commit that in each year, twenty-five percent of
such required matching funds be raised within the community served. Such
local  community  matching  funds  shall  include but not be limited to:
dues, fees for service, individual and community contributions, and such
other funds as the advisory committee and the director shall deem appro-
priate;
  (7) a requirement that the applicant demonstrate experience and finan-
cial stability;
  (8) a requirement that priority in selection be given to  programs  in
existence  prior to the effective date of this subdivision which, except
for designation and funding requirements established herein, would  have
otherwise generally qualified as a Neighborhood NORC;
  (9) a requirement that the applicant conduct or have conducted a needs
assessment  on  the  basis  of  which such applicant shall establish the
nature and extent of services to be  provided;  and  further  that  such
services shall provide a mix of appropriate services that provide active
and meaningful participation for residents;
  (10)  a  requirement  that residents to be served shall be involved in
design, implementation, monitoring, evaluation  and  governance  of  the
Neighborhood NORC;
  (11)  an  agreement  by  the applicant that it will participate in the
data collection and  evaluation  necessary  to  complete  the  reporting
requirements as established by the director;
  (12)  the  policy  and  program  roles of the applicant agency and any
other agencies involved in the provision of services or  the  management
of  the  Neighborhood  NORC,  provided that the criteria shall require a
clear delineation of such policy and program roles;
  (13) a requirement that each applicant document the need for the grant
and financial commitments to  it  from  such  sources  as  the  advisory
committee  and  the  director shall deem appropriate given the character
and nature of the proposed Neighborhood NORC  and  written  evidence  of
support from the community;
  (14)  the circumstances under which the director may waive all or part
of the requirement for provision of an  equal  amount  of  funding  from
other  sources required pursuant to this subdivision, provided that such
criteria shall include provision for waiver at  the  discretion  of  the
director  upon a finding by the director that the Neighborhood NORC will
serve a low income or  hardship  community,  and  that  such  waiver  is
required to assure that such community receive a fair share of the fund-
ing  available. For purposes of this paragraph, a hardship community may
be one that has developed a successful model but which needs  additional
time  to raise matching funds required herein. An applicant applying for
a hardship exception shall submit a written plan in a  form  and  manner
determined  by  the  director  detailing  its plans to meet the matching
funds requirement in the succeeding year;
  (15) a requirement that any proposed Neighborhood NORC in a  geograph-
ically  defined  neighborhood of a municipality containing more than two
thousand [seniors] OLDER ADULTS shall require the review and recommenda-
tion by the advisory committee before being approved by the director;
  (d) on or before March first, two thousand eight, the  director  shall
report to the governor and the fiscal and aging committees of the senate
and  the  assembly concerning the effectiveness of Neighborhood NORCs in

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achieving the objectives set forth  by  this  subdivision.  Such  report
shall  address  each  of  the  items  required for Neighborhood NORCs in
achieving the objectives set forth in this section and such other  items
of  information as the director shall deem appropriate, including recom-
mendations concerning continuation or modification of the  program,  and
any recommendations from the advisory committee.
  (e)  in providing program support for Neighborhood NORCs as authorized
by this subdivision, the director shall in no event divert  or  transfer
funding  for  grants  or  program  support  from any naturally occurring
retirement community supportive service programs authorized pursuant  to
other provisions of this section.
  6.  The  director may allow services provided by a naturally occurring
retirement community supportive service program  or  by  a  neighborhood
naturally  occurring  retirement  community  to also include services to
residents who live in neighborhoods contiguous to the boundaries of  the
geographic  area  served by such programs if: (a) the persons served are
[elderly persons] OLDER ADULTS; (b) the services affect the  health  and
welfare of such persons; and (c) the services are provided on a one-time
basis  in the year in which they are provided, and not in a manner which
is said or intended to be continuous. The director may also  consent  to
the  provision  of  such  services  by  such  program if the program has
received a grant which requires  services  to  be  provided  beyond  the
geographic  boundaries  of  the  program.  The  director shall establish
procedures under which a program may request the ability to provide such
services.
  7. The director shall promulgate rules and regulations as necessary to
carry out the provisions of this section.
  8. On or before March first, two thousand  five,  the  director  shall
report  to  the governor and the finance committee of the senate and the
ways and means committee of the assembly concerning the effectiveness of
the  naturally  occurring  retirement  community   supportive   services
program, other than Neighborhood NORCs, as defined in subdivision five-a
of  this section, in achieving the objectives set forth by this section,
which include  helping  to  address  the  needs  of  residents  in  such
naturally occurring retirement communities, assuring access to a contin-
uum  of  necessary services, increasing private, philanthropic and other
public funding for programs, and  preventing  unnecessary  hospital  and
nursing  home  stays.  The  report  shall  also  include recommendations
concerning continuation or modification of the program from the director
and the committee, and shall note any divergence between the recommenda-
tions of the director and the committee. The director shall provide  the
required information and any other information deemed appropriate to the
report in such form and detail as will be helpful to the legislature and
the  governor  in determining to extend, eliminate or modify the program
including, but not limited to, the following:
  (a) the number, size, type and location of the projects developed  and
funded,  including  the  number,  kinds  and  functions of staff in each
program;
  (b) the number, size, type and location of the projects  proposed  but
not funded, and the reasons for denial of funding for such projects;
  (c)  the age, sex, religion and other appropriate demographic informa-
tion concerning the residents served;
  (d) the services provided to residents, reported in such manner as  to
allow comparison of services by demographic group and region;
  (e) a listing of the services provided by eligible applicants, includ-
ing the number, kind and intensity of such services; and

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  (f)  a  listing of other organizations providing services, the number,
kind and intensity of such services, the number  of  referrals  to  such
organizations  and,  to  the  extent  practicable,  the outcomes of such
referrals.
  S  198-a.  Subdivision 1 of section 210 of the elder law is amended to
read as follows:
  1. There shall be within the office  an  advisory  committee  for  the
aging,  consisting  of  not more than [twenty-five] THIRTY-FIVE members,
appointed by the governor. In making  such  appointments,  the  governor
shall give due consideration to representation from the major regions of
the  state.  One member of the advisory committee shall be designated as
chairperson by the governor and shall serve as chairperson at the pleas-
ure of the governor. The advisory committee shall meet from time to time
at the call of such chairperson or the director. The director shall seek
the advice of the advisory committee with respect to the  needs  of  the
aging  and,  if  so requested by the director, such committee shall make
particular studies relating to the aging.
  S 199. Section 2 of the public health law is amended by adding  a  new
subdivision 3 to read as follows:
  3.  WHENEVER THE TERM "PUBLIC HEALTH COUNCIL" OCCURS, OR ANY REFERENCE
IS MADE THERETO, IN ANY LAW, IT SHALL BE DEEMED TO MEAN OR REFER TO  THE
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL AS DESCRIBED IN ARTICLE TWO OF
THIS CHAPTER.
  S  200.  Subdivision  3  of  section  201  of the public health law is
amended to read as follows:
  3. All the provisions of this chapter shall apply  to  the  department
continued  by  this  chapter  and to the commissioner, the public health
council AND ANY SUCCESSOR COUNCIL, and to  the  divisions,  bureaus  and
officers in such department.
  S 201. Section 206 of the public health law is amended by adding a new
subdivision 27 to read as follows:
  27.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
SIONER IS AUTHORIZED TO EXERCISE THE AUTHORITY  OF  THE  STATE  HOSPITAL
REVIEW  AND  PLANNING COUNCIL TO ADOPT, AMEND, OR REPEAL RULES AND REGU-
LATIONS AS SET FORTH IN THIS CHAPTER.
  S 202. Section 220 of the public health law, as amended by chapter 301
of the laws of 1989, is amended to read as follows:
  S 220. Public health  AND  HEALTH  PLANNING  council;  appointment  of
members.    There shall continue to be in the department a public health
AND HEALTH PLANNING council to consist of the commissioner and  fourteen
members  to  be appointed by the governor with the advice and consent of
the senate; PROVIDED THAT EFFECTIVE DECEMBER FIRST,  TWO  THOUSAND  TEN,
THE  MEMBERSHIP  OF  THE  COUNCIL  SHALL CONSIST OF THE COMMISSIONER AND
TWENTY-TWO MEMBERS TO BE APPOINTED BY THE GOVERNOR.   Membership on  the
council  shall  be reflective of the diversity of the state's population
including, but not limited to, the various geographic  areas  and  popu-
lation densities throughout the state.  THE MEMBERS SHALL INCLUDE REPRE-
SENTATIVES  OF  THE  PUBLIC  HEALTH  SYSTEM,  HEALTH CARE PROVIDERS THAT
COMPRISE THE STATE'S  HEALTH  CARE  DELIVERY  SYSTEM,  INDIVIDUALS  WITH
EXPERTISE  IN  THE  CLINICAL  AND  ADMINISTRATIVE ASPECTS OF HEALTH CARE
DELIVERY, ISSUES  AFFECTING  HEALTH  CARE  CONSUMERS,  HEALTH  PLANNING,
HEALTH  CARE  FINANCING  AND  REIMBURSEMENT,  HEALTH CARE REGULATION AND
COMPLIANCE, AND PUBLIC HEALTH PRACTICE, AND AT LEAST ONE MEMBER  WHO  IS
ALSO A MEMBER OF THE MENTAL HEALTH SERVICES COUNCIL.
  S 203. Section 221 of the public health law, as amended by chapter 301
of the laws of 1989, is amended to read as follows:

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  S  221.  Public  health  AND HEALTH PLANNING council; terms of office;
vacancies.  1. The terms of office of members of the public  health  AND
HEALTH  PLANNING  council shall be six years. The members of the council
shall continue in office until the expiration of their terms  and  until
their  successors are appointed [and have qualified].  Such appointments
shall be made by the governor[, with  the  advice  and  consent  of  the
senate,] within one year following the expiration of such terms.
  2.  Vacancies  shall  be filled by appointment by the governor for the
unexpired terms within one year of the date upon  which  such  vacancies
occur.  [Any vacancy existing on the effective date of subdivision three
of this section shall be filled by appointment within one year  of  such
effective date.]
  3.  In  making appointments to the council, the governor shall seek to
ensure that membership on the council  reflects  the  diversity  of  the
state's  population including, but not limited to the various geographic
areas and population densities throughout the state.
  4. NOTWITHSTANDING SUBDIVISION ONE  OF  THIS  SECTION,  OF  THE  EIGHT
MEMBERS  APPOINTED  OR  REAPPOINTED  TO THE COUNCIL ON OR AFTER DECEMBER
FIRST, TWO THOUSAND TEN, TWO SHALL SERVE A  TERM  OF  THREE  YEARS,  TWO
SHALL  SERVE A TERM OF FOUR YEARS, TWO SHALL SERVE A TERM OF FIVE YEARS,
AND TWO SHALL SERVE A TERM OF SIX YEARS. THEREAFTER,  MEMBERS  APPOINTED
OR  REAPPOINTED  UPON  EXPIRATION OF A TERM OF OFFICE SHALL BE APPOINTED
FOR A TERM OF SIX YEARS AND SHALL CONTINUE IN OFFICE UNTIL THEIR SUCCES-
SORS ARE APPOINTED.
  S 204. Section 222 of the public health law  is  amended  to  read  as
follows:
  S  222.  Public health AND HEALTH PLANNING council; meetings; by-laws.
1. The public health AND HEALTH PLANNING council shall meet as frequent-
ly as its business may require, and at least twice in each year.
  2. The governor shall designate one  of  the  members  of  the  public
health AND HEALTH PLANNING council as its [chairman] CHAIR.
  3.  The public health AND HEALTH PLANNING council shall enact and from
time to time may amend by-laws in relation to its meetings and the tran-
sactions of its business.
  4. All meetings of the public health AND HEALTH PLANNING council shall
in every proceeding be deemed to have been  duly  called  and  regularly
held,  and  all regulations and proceedings to have been duly authorized
unless the contrary be proved.
  S 205. Section 223 of the public health law, as amended by chapter  55
of the laws of 1992, is amended to read as follows:
  S  223.  Public  health  AND HEALTH PLANNING council; compensation and
expenses.  The members of the public health AND HEALTH PLANNING  council
other  than the commissioner of health shall [each] receive [two hundred
twenty-five dollars for each day devoted to council work not  to  exceed
two  thousand  seven  hundred  dollars  in  any  one year plus necessary
expenses] NO COMPENSATION FOR THEIR SERVICES, BUT  SHALL  BE  REIMBURSED
FOR  EXPENSES  ACTUALLY  AND  NECESSARILY INCURRED IN THE PERFORMANCE OF
THEIR DUTIES.
  S 206. Intentionally omitted.
  S 207. Section 224 of the public health law  is  amended  to  read  as
follows:
  S  224.  Public health AND HEALTH PLANNING council; secretary, employ-
ees.  The commissioner upon request of  the  public  health  AND  HEALTH
PLANNING  council, shall designate an officer or employee of the depart-
ment to act as secretary of the public health AND HEALTH PLANNING  coun-

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cil,  and  shall  assign  from  time to time such other employees as the
public health AND HEALTH PLANNING council may require.
  S 208. Intentionally omitted.
  S  209. The public health law is amended by adding a new section 224-b
to read as follows:
  S 224-B. PUBLIC HEALTH AND HEALTH PLANNING COUNCIL; POWERS AND DUTIES;
HEALTH CARE FACILITIES, HOME CARE AGENCIES AND  HOSPICES.    THE  PUBLIC
HEALTH  AND HEALTH PLANNING COUNCIL SHALL HAVE SUCH POWERS AND DUTIES AS
ARE SET FORTH IN THIS CHAPTER, INCLUDING THE CONSIDERATION  OF  APPLICA-
TIONS  FOR THE ESTABLISHMENT AND CONSTRUCTION OF HEALTH CARE FACILITIES,
HOME CARE AGENCIES AND HOSPICES LICENSED  UNDER  ARTICLES  TWENTY-EIGHT,
THIRTY-SIX  OR  FORTY  OF  THIS  CHAPTER. IN CARRYING OUT ITS POWERS AND
DUTIES, THE COUNCIL SHALL TAKE INTO ACCOUNT THE IMPACT  OF  ITS  ACTIONS
AND  RECOMMENDATIONS ON THE QUALITY, ACCESSIBILITY, EFFICIENCY AND COST-
EFFECTIVENESS OF HEALTH CARE THROUGHOUT THE STATE.
  S 210. The section heading and subdivisions 1, 2, 3, 4 and  paragraphs
(a)  and  (m)  of subdivision 5 of section 225 of the public health law,
subdivision 2 as added and subdivisions 3, 4 and paragraph (a) of subdi-
vision 5 as renumbered by chapter 626 of the laws of 1971, subdivision 3
as amended by chapter 617 of the laws  of  1970  and  paragraph  (m)  of
subdivision 5 as amended by chapter 894 of the laws of 1958, are amended
to read as follows:
  Public health AND HEALTH PLANNING council; powers and duties; sanitary
code.    1.  The public health AND HEALTH PLANNING council shall, at the
request of the commissioner, consider any matter relating to the preser-
vation and improvement of public health, and may advise the commissioner
thereon; and it may, from time to time, submit to the commissioner,  any
recommendations  relating  to the preservation and improvement of public
health.
  2. The public health AND HEALTH PLANNING council shall appoint one  or
more  advisory  committees  expert  in  the major areas of public health
concern, including but not limited to health education, health manpower,
economics and delivery of health service, sanitation problems and inter-
professional relationships. Members of advisory committees need  not  be
members of the public health AND HEALTH PLANNING council.
  3.  The public health AND HEALTH PLANNING council shall have no execu-
tive, administrative or appointive duties except as  otherwise  provided
by law.
  4.  The  public health AND HEALTH PLANNING council shall have power by
the affirmative vote of a majority of its members to establish, and from
time to time, amend and repeal sanitary regulations, to be known as  the
sanitary  code  of  the  state  of  New York, subject to approval by the
commissioner.
  (a) deal with any matters affecting the security of life or health  or
the  preservation  and  improvement of public health in the state of New
York, and with any matters as to which  the  jurisdiction  is  conferred
upon the public health AND HEALTH PLANNING council;
  (m) require that application be made for a permit to operate a farm or
food  processing  labor  camp as defined in the sanitary code; authorize
appropriate officers or agencies to issue such a permit when the  appli-
cant is in compliance with the established regulations; prescribe stand-
ards  for  living  quarters  at  farm  and  food processing labor camps,
including provisions for sanitary conditions; light,  air,  and  safety;
protection from fire hazards; maintenance; and such other matters as may
be  appropriate  for  security of life or health, provided however, that
the  provisions  of  the  sanitary  code  established  pursuant  to  the

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provisions  hereof  shall  apply  to  all farm and food processing labor
camps intended to house migrant workers and which are occupied  by  five
or  more  persons.  In  the  preparation of such regulations, the public
health AND HEALTH PLANNING COUNCIL may request and shall receive techni-
cal  assistance  from  the  board  of standards and appeals of the state
department of labor and the state building code commission.  Such  regu-
lation  shall  be enforced in the same manner as are other provisions of
the sanitary code;
  S 211. Section 226 of the public health law  is  amended  to  read  as
follows:
  S  226.  Sanitary  code; filing and publication.   1. Every regulation
adopted by the public health AND HEALTH PLANNING council shall state the
date on which it takes effect, and a copy thereof, duly  signed  by  the
secretary  of  the  public  health AND HEALTH PLANNING council, shall be
filed as a public record in the department and  in  the  office  of  the
secretary of state.
  2.  A copy of every regulation adopted by the public health AND HEALTH
PLANNING council shall be sent by the commissioner to each health  offi-
cer  within  the  state,  and  shall  be published in such manner as the
public health AND HEALTH PLANNING council may from time to  time  deter-
mine.
  S  212.  Subdivisions 1 and 2 of section 228 of the public health law,
as amended by chapter 626 of the laws of 1971, are amended  to  read  as
follows:
  1. The provisions of the sanitary code, unless otherwise stated by the
public  health AND HEALTH PLANNING council, shall apply to and be effec-
tive in all portions of the state and shall supersede  all  local  ordi-
nances heretofore or hereafter enacted inconsistent therewith.
  2.  Each  county,  city,  town  or  village, in the manner hereinafter
prescribed, may enact sanitary regulations  not  inconsistent  with  the
sanitary code established by the public health AND HEALTH PLANNING coun-
cil.
  S 213. Section 238 of the public health law is amended by adding a new
subdivision 17 to read as follows:
  17.  "PUBLIC  HEALTH  COUNCIL" SHALL MEAN THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL.
  S 214. Subdivision 3 of section 243 of the public health law, as added
by chapter 757 of the laws of 1992, and such section  as  renumbered  by
chapter 443 of the laws of 1993, is amended to read as follows:
  3.  Meetings.  a. The minority health council shall meet as frequently
as its business may require, and at least twice in each year.
  b. The governor shall designate one  of  the  members  of  the  public
health AND HEALTH PLANNING council as its chair.
  S  215.  Section  2801 of the public health law is amended by adding a
new subdivision 11 to read as follows:
  11. "PUBLIC HEALTH COUNCIL" SHALL MEAN THE PUBLIC  HEALTH  AND  HEALTH
PLANNING COUNCIL.
  S  216. Section 2801-a of the public health law, as amended by chapter
667 of the laws of 1997, subdivision 2-a as added by chapter 588 of  the
laws  of  1998, paragraph (c) of subdivision 4 as amended by chapter 538
of the laws of 1998, subdivision 15 as added by chapter 315 of the  laws
of  2007, and subdivision 16 as added by section 86 of part C of chapter
58 of the laws of 2009, is amended to read as follows:
  S 2801-a. Establishment or incorporation of hospitals.   1. No  hospi-
tal,  as  defined  in this article, shall be established except with the
written approval of the public health AND HEALTH  PLANNING  council.  No

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certificate  of incorporation of a business membership or not-for-profit
corporation shall hereafter be filed which includes among its  corporate
purposes  or  powers  the establishment or operation of any hospital, as
defined  in  this  article, or the solicitation of contributions for any
such purpose, or two or more of such purposes, except with  the  written
approval  of  the  public  health  AND HEALTH PLANNING council, and when
otherwise required by law of a justice of the supreme court, endorsed on
or annexed to the certificate of incorporation. No articles of organiza-
tion of a limited liability company established pursuant to the New York
limited liability  company  law  which  includes  among  its  powers  or
purposes  the  establishment  or operation of any hospital as defined in
this article, shall be filed with the department of  state  except  upon
the approval of the public health AND HEALTH PLANNING council.
  2. With respect to the incorporation or establishment of any hospital,
as  defined in this article, the public health AND HEALTH PLANNING coun-
cil shall give written approval after all of the following  requirements
have  been  met. An application for approval of the proposed certificate
of incorporation, articles of organization  or  establishment  shall  be
filed  with  the public health AND HEALTH PLANNING council together with
such other forms and information as shall be prescribed by, or  accepta-
ble  to, the public health AND HEALTH PLANNING council.  Thereafter, the
public health AND HEALTH PLANNING council shall forward a  copy  of  the
proposed  certificate or application for establishment, and accompanying
documents, to [the state hospital review and planning council  and]  the
health  systems  agency, IF ANY, having geographical jurisdiction of the
area where the proposed institution is to be located. The public  health
AND  HEALTH  PLANNING council shall act upon such application after [the
state council and] the health systems agency [have] HAS had a reasonable
time to submit their recommendations. At the time members of the  public
health  AND  HEALTH PLANNING council are notified that an application is
scheduled for consideration, the applicant and the health systems agency
shall be so notified in writing.  The public health AND HEALTH  PLANNING
council shall afford the applicant an opportunity to present information
in  person  concerning  the application to a committee designated by the
council. The public health AND HEALTH PLANNING council  shall  not  take
any  action  contrary to the advice of [either the state council or] the
health systems agency until it affords to [either] THE  HEALTH  SYSTEM'S
AGENCY  an opportunity to request a public hearing and, if so requested,
a public hearing shall be held. If the public health AND HEALTH PLANNING
council proposes to disapprove  the  application  it  shall  afford  the
applicant an opportunity to request a public hearing.  The public health
AND HEALTH PLANNING council may hold a public hearing on the application
on  its own motion. Any public hearing held pursuant to this subdivision
may be conducted by the public health AND HEALTH PLANNING council, or by
any individual designated by the public health AND HEALTH PLANNING coun-
cil. Beginning on January first, nineteen hundred ninety-four, and  each
year  thereafter,  a complete application received between January first
and June thirtieth of each year shall be  reviewed  by  the  appropriate
health  systems  agency  and  the department and presented to the [state
hospital review and] PUBLIC HEALTH AND HEALTH planning council  for  its
consideration  prior  to  June  thirtieth  of  the  following year and a
complete application received between July first  and  December  thirty-
first  of  each year shall be reviewed by the appropriate health systems
agency and the department presented to the  state  hospital  review  and
planning council for consideration prior to December thirty-first of the
following year.

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  2-a.  (a)  Notwithstanding  any  provision of law to the contrary, the
commissioner is authorized to approve a certificate of incorporation  or
articles of organization for establishment of a hospital, provided that:
(i)  the  certificate  of  incorporation  or  articles  of  organization
reflects  solely a change in the form of the business organization of an
existing entity which had been approved by the public health AND  HEALTH
PLANNING council OR ITS PREDECESSOR; and (ii) every incorporator, stock-
holder,  member,  director and sponsor of the new entity shall have been
an owner, partner, incorporator, stockholder, member, director or  spon-
sor  of  the  existing  entity; and (iii) the distribution of ownership,
interests and voting rights in the new entity shall be the  same  as  in
the  existing  entity; and (iv) there shall be no change in the operator
of a hospital other than the form of its  business  organization,  as  a
result  of the approval of such certificate of incorporation or articles
of organization. Any approval by the public health AND  HEALTH  PLANNING
council  of  a  person  as  an owner, incorporator, stockholder, member,
director or sponsor in  the  existing  entity  shall  be  deemed  to  be
approval  for the same degree of participation in the new entity. If the
proposal is acceptable to the commissioner an amended operating  certif-
icate shall be issued. In the event the commissioner determines that the
proposed transfer is not approvable the application shall be referred to
the public health AND HEALTH PLANNING council for its review and action.
If  the public health AND HEALTH PLANNING council proposes to disapprove
the application, it shall afford the applicant an opportunity to request
a public hearing and, if so requested, a public hearing shall  be  held.
Any public hearing held pursuant to this subdivision may be conducted by
the  public  health  AND  HEALTH  PLANNING council, or by any individual
designated by the public health AND HEALTH PLANNING council.
  3. The public health AND HEALTH PLANNING council shall not  approve  a
certificate  of  incorporation,  articles of organization or application
for establishment unless it is satisfied, insofar as applicable,  as  to
(a) the public need for the existence of the institution at the time and
place  and  under the circumstances proposed, provided, however, that in
the case of an institution proposed to be established or operated by  an
organization  defined in subdivision one of section one hundred seventy-
two-a of the executive law, the needs of the members  of  the  religious
denomination  concerned,  for care or treatment in accordance with their
religious or ethical convictions, shall be deemed to be public need; (b)
the character,  competence,  and  standing  in  the  community,  of  the
proposed  incorporators,  directors,  sponsors, stockholders, members or
operators; with respect to any proposed incorporator, director, sponsor,
stockholder, member or operator who is already or within  the  past  ten
years  has  been  an  incorporator, director, sponsor, member, principal
stockholder, principal member, or  operator  of  any  hospital,  private
proprietary  home  for  adults, residence for adults, or non-profit home
for the aged or blind which has been issued an operating certificate  by
the  state  department of social services, or a halfway house, hostel or
other residential facility or  institution  for  the  care,  custody  or
treatment  of  the mentally disabled which is subject to approval by the
department of mental hygiene, no approval shall be  granted  unless  the
public  health  AND HEALTH PLANNING council, having afforded an adequate
opportunity to members of health systems  agencies  having  geographical
jurisdiction  of  the  area where the institution is to be located to be
heard, shall affirmatively find by substantial evidence as to each  such
incorporator,  director, sponsor, principal stockholder or operator that
a substantially consistent high level of care  is  being  or  was  being

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rendered  in each such hospital, home, residence, halfway house, hostel,
or other residential facility or institution with which such  person  is
or was affiliated; for the purposes of this paragraph, the public health
AND  HEALTH  PLANNING council shall adopt rules and regulations, subject
to the approval of the commissioner, to establish  the  criteria  to  be
used  to determine whether a substantially consistent high level of care
has been rendered, provided, however, that there shall not be a  finding
that  a  substantially  consistent  high level of care has been rendered
where there have been violations of the state hospital  code,  or  other
applicable rules and regulations, that (i) threatened to directly affect
the  health, safety or welfare of any patient or resident, and (ii) were
recurrent or were not promptly corrected; (c) the financial resources of
the proposed institution and its sources of  future  revenues;  and  (d)
such other matters as it shall deem pertinent.
  3-a.  Notwithstanding any other provisions of this chapter, the public
health council is hereby empowered to  approve  the  establishment,  for
demonstration  purposes,  of  not more than one existing hospital within
the geographical jurisdiction of each health systems agency  established
under  the  provisions of subdivision (c) of section twenty-nine hundred
four of this chapter. The purposes of such hospitals shall be  to  offer
and  provide nursing home services, board and lodging to persons requir-
ing such services within one hospital. The  public  health  council  may
approve  the  establishment  of  such  hospitals  without  regard to the
requirement of public need as set forth in  subdivision  three  of  this
section.
  4.  (a)  Any  change  in  the person who is the operator of a hospital
shall be approved by the public health AND HEALTH  PLANNING  council  in
accordance  with  the  provisions  of subdivisions two and three of this
section.  Notwithstanding any inconsistent provision of this  paragraph,
any change by a natural person who is the operator of a hospital seeking
to  transfer  part  of  his  or her interest in such hospital to another
person or persons so as to create a partnership  shall  be  approved  in
accordance with the provisions of paragraph (b) of this subdivision.
  (b)  (i)  Any transfer, assignment or other disposition of ten percent
or more of an interest or voting rights  in  a  partnership  or  limited
liability  company, which is the operator of a hospital to a new partner
or member, shall be approved by the public health  AND  HEALTH  PLANNING
council, in accordance with the provisions of subdivisions two and three
of  this  section,  except that: (A) any such change shall be subject to
the approval by the public health AND HEALTH PLANNING council in accord-
ance with paragraph (b) of subdivision three of this section  only  with
respect  to  the  new  partner  or member, and any remaining partners or
members who have not been  previously  approved  for  that  facility  in
accordance with such paragraph, and (B) such change shall not be subject
to paragraph (a) of subdivision three of this section.
  (ii)  With  respect to a transfer, assignment or disposition involving
less than ten percent of an interest or voting rights in  such  partner-
ship  or  limited liability company to a new partner or member, no prior
approval of the public health  AND  HEALTH  PLANNING  council  shall  be
required.  However,  no  such  transaction  shall be effective unless at
least ninety days prior to the  intended  effective  date  thereof,  the
partnership  or limited liability company fully completes and files with
the public health AND HEALTH PLANNING council notice on a  form,  to  be
developed  by the public health AND HEALTH PLANNING council, which shall
disclose such information as may reasonably be necessary for the  public
health  AND   HEALTH PLANNING council to determine whether it should bar

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the transaction for any of the reasons set forth in item (A),  (B),  (C)
or  (D)  below.  Within  ninety  days  from  the date of receipt of such
notice, the public health AND HEALTH PLANNING council may bar any trans-
action  under this subparagraph: (A) if the equity position of the part-
nership or limited liability  company,  determined  in  accordance  with
generally  accepted  accounting principles, would be reduced as a result
of the transfer, assignment or disposition; (B) if the transaction would
result in the ownership of a partnership or membership interest  by  any
persons  who  have  been  convicted of a felony described in subdivision
five of section twenty-eight hundred six of this article; (C)  if  there
are reasonable grounds to believe that the proposed transaction does not
satisfy  the  character and competence criteria set forth in subdivision
three of this section; or (D) if  the  transaction,  together  with  all
transactions  under this subparagraph for the partnership, or successor,
during any five year period would, in the aggregate, involve twenty-five
percent or more of the interest in the partnership.  The  public  health
AND HEALTH PLANNING council shall state specific reasons for barring any
transaction  under  this  subparagraph and shall so notify each party to
the proposed transaction.
  (iii) With respect to a transfer,  assignment  or  disposition  of  an
interest  or  voting  rights  in  such  partnership or limited liability
company to any remaining partner or member, which  transaction  involves
the withdrawal of the transferor from the partnership or limited liabil-
ity  company, no prior approval of the public health AND HEALTH PLANNING
council shall be required. However, no such transaction shall be  effec-
tive  unless  at  least ninety days prior to the intended effective date
thereof, the partnership or limited liability  company  fully  completes
and files with the public health AND HEALTH PLANNING council notice on a
form,  to be developed by the public health AND HEALTH PLANNING council,
which shall disclose such information as may reasonably be necessary for
the public health AND HEALTH PLANNING council to  determine  whether  it
should bar the transaction for the reason set forth below.  Within nine-
ty  days  from the date of receipt of such notice, the public health AND
HEALTH PLANNING council may bar any transaction under this  subparagraph
if  the equity position of the partnership or limited liability company,
determined in accordance with generally accepted accounting  principles,
would be reduced as a result of the transfer, assignment or disposition.
The  public  health  AND  HEALTH  PLANNING  council shall state specific
reasons for barring any transaction under this subparagraph and shall so
notify each party to the proposed transaction.
  (c) Any transfer, assignment or other disposition of  ten  percent  or
more  of the stock or voting rights thereunder of a corporation which is
the operator of a hospital or which is a member of a  limited  liability
company which is the operator of a hospital to a new stockholder, or any
transfer,  assignment or other disposition of the stock or voting rights
thereunder of such a corporation  which  results  in  the  ownership  or
control  of  more  than ten percent of the stock or voting rights there-
under of such corporation by any person not previously approved  by  the
public  health AND HEALTH PLANNING council, OR ITS PREDECESSOR, for that
corporation shall be subject to approval by the public health AND HEALTH
PLANNING council, in accordance with the provisions of subdivisions  two
and  three  of  this section and rules and regulations pursuant thereto;
except that: any such transaction shall be subject to  the  approval  by
the  public health AND  HEALTH PLANNING council in accordance with para-
graph (b) of subdivision three of this section only with  respect  to  a
new stockholder or a new principal stockholder; and shall not be subject

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to paragraph (a) of subdivision three of this section. In the absence of
such  approval,  the  operating  certificate  of  such hospital shall be
subject to revocation or suspension. No prior  approval  of  the  public
health  AND  HEALTH PLANNING council shall be required with respect to a
transfer, assignment or disposition of ten percent or more of the  stock
or  voting rights thereunder of a corporation which is the operator of a
hospital or which is a member of a limited liability  company  which  is
the  owner of a hospital to any person previously approved by the public
health AND HEALTH PLANNING council, OR ITS PREDECESSOR, for that  corpo-
ration.  However, no such transaction shall be effective unless at least
ninety days prior to the intended effective date thereof, the stockhold-
er completes and files with the public health AND HEALTH PLANNING  coun-
cil  notice  on  forms  to  be developed by the public health AND HEALTH
PLANNING council, which shall disclose such information as  may  reason-
ably  be  necessary for the public health AND HEALTH PLANNING council to
determine whether it should bar the transaction. Such  transaction  will
be  final  as  of the intended effective date unless, prior thereto, the
public health AND HEALTH PLANNING council shall state  specific  reasons
for barring such transactions under this paragraph and shall notify each
party  to  the  proposed transaction. Nothing in this paragraph shall be
construed as permitting a person not previously approved by  the  public
health  AND  HEALTH  PLANNING council for that corporation to become the
owner of ten percent or more of the stock of a corporation which is  the
operator  of  a  hospital  or  which  is a member of a limited liability
company which is the owner of a hospital  without  first  obtaining  the
approval of the public health AND HEALTH PLANNING council.
  (d)  No  hospital  shall  be approved for establishment which would be
operated by a limited partnership,  or  by  a  partnership  any  of  the
members of which are not natural persons.
  (e)  No  hospital  shall  be approved for establishment which would be
operated by a corporation any of the stock of which is owned by  another
corporation  or  a  limited  liability  company  if any of its corporate
members' stock is owned by another corporation.
  (f) No corporation shall be a member of a  limited  liability  company
authorized  to  operate  a  hospital  unless its proposed incorporators,
directors,  stockholders  or  principal  stockholders  shall  have  been
approved  in accordance with the provisions of subdivision three of this
section applicable to the approval of the proposed incorporators, direc-
tors or stockholders of any other  corporation  requiring  approval  for
establishment.
  (g)  A  natural person appointed as trustee of an express testamentary
trust, created by a deceased sole proprietor, partner or shareholder  in
the  operation  of  a  hospital for the benefit of a person of less than
twenty-five years of age, may, as the trustee, apply pursuant to  subdi-
vision two of this section for approval to operate or participate in the
operation  of  a  facility  or interest therein which is included in the
corpus of such trust until such time as all beneficiaries attain the age
of twenty-five, unless the trust instrument provides for earlier  termi-
nation,  or  such  beneficiaries receive establishment approval in their
own right, or until a transfer of the trust corpus is  approved  by  the
public  health  AND  HEALTH  PLANNING  council,  in accordance with this
subdivision and subdivisions two and three of  this  section,  whichever
first  occurs.  The  public health AND HEALTH PLANNING council shall not
approve any such application unless it is satisfied as to:

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  (i) the character, competence and standing in the  community  of  each
proposed trustee operator pursuant to the provisions of paragraph (b) of
subdivision three of this section; and
  (ii)  the  ability of the trustee under the terms of the trust instru-
ment to operate or participate in the operation of  the  hospital  in  a
manner consistent with this chapter and regulations promulgated pursuant
thereto.
  (h)  A natural person appointed conservator pursuant to article eight-
y-one of the mental hygiene law, or a natural person appointed committee
of the property of an incompetent pursuant to article eighty-one of  the
mental  hygiene  law  or  a sole proprietor, partner or shareholder of a
hospital, may apply pursuant to subdivision  two  of  this  section  for
approval  to  operate a hospital owned by the conservatee or incompetent
for a period not exceeding two years or until a transfer of the hospital
is approved by the public health AND HEALTH PLANNING council in  accord-
ance  with  subdivisions two and three of this section, whichever occurs
first. The public health AND HEALTH PLANNING council shall  not  approve
any such application unless it is satisfied as to:
  (i)  the  character,  competence  and standing in the community of the
proposed conservator operator or  committee  operator  pursuant  to  the
provisions of paragraph (b) of subdivision three of this section; and
  (ii)  the  ability  of the conservator or committee under the terms of
the court order to operate the hospital in a manner consistent with this
chapter and regulations promulgated pursuant thereto.
  5. Except as otherwise hereinafter provided, no  county,  city,  town,
village  or other governmental subdivision shall establish or create any
agency concerned with the establishment of any hospital  as  defined  in
this  article without securing the written approval of the public health
AND HEALTH PLANNING council in  accordance  with  the  requirements  and
procedures of subdivisions two and three of this section with respect to
certificates  of  incorporation, articles of organization and establish-
ment, except that the requirements relating to the  proposed  incorpora-
tors,  directors  and  sponsors shall not apply. The preceding shall not
apply to the establishment of state hospitals by the state of  New  York
or to the establishment of municipal hospitals by the city of New York.
  6. No corporation having power to solicit contributions for charitable
purposes  shall be deemed to have authority to solicit contributions for
any purpose for which the approval of the public health AND HEALTH PLAN-
NING council  is  required,  unless  the  certificate  of  incorporation
specifically  makes  provision therefor, and the written approval of the
public health AND HEALTH PLANNING council is endorsed on or  annexed  to
such certificate.
  7.  Where  such  approval  has not been obtained the public health AND
HEALTH PLANNING council may institute and  maintain  an  action  in  the
supreme  court  through  the  attorney  general  to  procure  a judgment
dissolving and vacating or annulling the certificate of incorporation of
  (a) any such corporation, or
  (b)  any  corporation  hereafter  incorporated,  the  name,  purposes,
objects  or the activities of which in any manner may lead to the belief
that the corporation possesses or may exercise any of such purposes.
  8. No corporation heretofore formed, having among its powers the power
to solicit contributions for charitable purposes, may solicit or contin-
ue to solicit contributions for a purpose for which the approval of  the
public  health AND HEALTH PLANNING council is required without the writ-
ten approval of the public health AND HEALTH PLANNING  council,  except:
(A)  a corporation which, prior to June first, nineteen hundred seventy,

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had received the approval of the state board  of  social  welfare  of  a
certificate  of  incorporation  containing  such  power; OR (B) A CORPO-
RATION, WHICH PRIOR TO DECEMBER FIRST, TWO THOUSAND  TEN,  HAD  RECEIVED
THE  APPROVAL  OF  THE  PUBLIC  HEALTH  AND HEALTH PLANNING COUNCIL OF A
CERTIFICATE OF INCORPORATION CONTAINING SUCH POWER.  If such approval is
not obtained and the corporation continues  to  solicit  or  to  receive
contributions  for  such purpose or advertises that it has obtained such
approval, the public health AND HEALTH PLANNING  council  may  institute
and maintain an action in the supreme court through the attorney general
to  procure  a judgment dissolving and vacating or annulling the certif-
icate of incorporation of any such corporation.
  9. Only a natural person, a partnership or limited  liability  company
may  hereafter  undertake  to  engage  in  the  business of operating or
conducting a hospital, as defined in this article,  for  profit,  except
that: (a) a person, partnership or corporation which owned and was oper-
ating  a  hospital  on  April  fourth,  nineteen  hundred fifty-six, may
continue to own and operate such hospital; (b)  a  business  corporation
may,  with  the approval of the public health council, and in accordance
with the provisions of subdivisions  two  and  three  of  this  section,
undertake  to engage in the business of operating or conducting a hospi-
tal, as defined in this article for profit, provided  that  such  corpo-
ration  shall  not  discriminate because of race, color, creed, national
origin or sponsor in admission or retention of patients; (c) a  business
corporation  owning  and  operating a nursing home on May twenty-second,
nineteen hundred sixty-nine, in accordance with applicable provisions of
law, may continue to own and operate such nursing  home;  (d)  a  person
who,  or a partnership which, is operating a private proprietary nursing
home in accordance with applicable  provisions  of  law  may,  with  the
approval  of  the  public  health  AND  HEALTH  PLANNING council, and in
accordance with the provisions of subdivision three of this section  and
any  rules  and  regulations  thereunder  form a business corporation to
engage in the business of operating or  conducting  such  nursing  home,
provided,  however, that such corporation shall not discriminate because
of race, color, creed,  national  origin  or  sponsor  in  admission  or
retention  of  patients;  (e) a business corporation operating a nursing
home, which corporation was formed with the approval of the state  board
of social welfare, may continue to own and operate such nursing home.
  10.  (a)  The public health AND HEALTH PLANNING council, by a majority
vote of its members, shall adopt and amend  rules  and  regulations,  to
effectuate  the  provisions and purposes of this section, and to provide
for the revocation, limitation or annulment of approvals  of  establish-
ment.
  (b)  (i)  No  approval  of  establishment shall be revoked, limited or
annulled without first offering the person who  received  such  approval
the  opportunity  of requesting a public hearing. (ii) The commissioner,
at the request of the public health AND HEALTH PLANNING  council,  shall
fix a time and place for any such hearing requested. (iii) Notice of the
time  and  place  of  the hearing shall be served in person or mailed by
registered mail to the person who has received establishment approval at
least twenty-one days before the date fixed for the hearing.  (iv)  Such
person shall file with the department, not less than eight days prior to
the  hearing,  a  written answer. (v) All orders or determinations here-
under shall be subject to review as provided in article seventy-eight of
the civil practice law and rules. Application for such  review  must  be
made  within sixty days after service in person or by registered mail of
a copy of such order or determination.

S. 6613--A                         65                         A. 9713--A

  11. Any person filing a proposed certificate of  incorporation,  arti-
cles  of  organization or an application for establishment of a residen-
tial health care facility for approval of the public health  AND  HEALTH
PLANNING  council  shall  file with the commissioner such information on
the  ownership  of  the  property interests in such facility as shall be
prescribed by regulation, including the following:
  (a) The name and address and a description of  the  interest  held  by
each of the following persons:
  (i)  any  person,  who  directly  or indirectly, beneficially owns any
interest in the land on which the facility is located;
  (ii) any person who, directly or  indirectly,  beneficially  owns  any
interest in the building in which the facility is located;
  (iii)  any  person  who, directly or indirectly, beneficially owns any
interest in any mortgage,  note,  deed  of  trust  or  other  obligation
secured  in  whole  or in part by the land on which or building in which
the facility is located; and
  (iv) any person who, directly  or  indirectly,  has  any  interest  as
lessor  or  lessee in any lease or sub-lease of the land on which or the
building in which the facility is located.
  (b) If any person named in response to paragraph (a) of this  subdivi-
sion  is  a  partnership or limited liability company, then the name and
address of each partner or member.
  (c) If any person named in response to paragraph (a) of this  subdivi-
sion  is a corporation, other than a corporation whose shares are traded
on a national securities exchange or are regularly quoted  in  an  over-
the-counter  market  or  which  is  a  commercial  bank, savings bank or
savings and loan association, then the name and address of each officer,
director, stockholder and, if  known,  each  principal  stockholder  and
controlling person of such corporation.
  (d)  If  any  corporation  named  in response to paragraph (a) of this
subdivision is a corporation whose shares are traded on a national secu-
rities exchange or are regularly quoted in an over-the-counter market or
which is a commercial bank, savings bank or  savings  and  loan  associ-
ation, then the name and address of the principal executive officers and
each  director  and, if known, each principal stockholder of such corpo-
ration.
  12. The following definitions shall be applicable to this section:
  (a) "Controlling person"  of  any  corporation,  partnership,  limited
liability  company  or  other entity means any person who by reason of a
direct or indirect ownership interest (whether of record or  beneficial)
has  the  ability,  acting  either  alone or in concert with others with
ownership or membership interests, to direct or cause the  direction  of
the  management  or  policies  of said corporation, partnership, limited
liability company or other entity.  Neither  the  commissioner  nor  any
employee of the department nor any member of a local legislative body of
a  county  or  municipality, nor any county or municipal official except
when acting as the administrator of a residential health care  facility,
shall,  by  reason of his or her official position, be deemed a control-
ling person of any corporation, partnership, limited  liability  company
or other entity, nor shall any person who serves as an officer, adminis-
trator  or  other  employee  of  any  corporation,  partnership, limited
liability company or other entity or as a member of a board of directors
or trustees of any corporation be deemed to be a controlling  person  of
such corporation, partnership, limited liability company or other entity
as  a  result  of  such  position or his or her official actions in such
position.

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  (b) "Principal stockholder" of a  corporation  means  any  person  who
beneficially  owns,  holds or has the power to vote, ten percent or more
of any class of securities issued by said corporation.
  (c) "Principal member" of a limited liability company means any person
who  beneficially  owns,  holds or has the power to vote, ten percent or
more interest determined by such member's share in the  current  profits
of the limited liability company.
  13. Any person who operates a hospital without the written approval of
the  public  health  AND  HEALTH PLANNING council shall be liable to the
people of the state for a civil  penalty  not  to  exceed  ten  thousand
dollars for every such violation.
  14.  (a) The public health AND HEALTH PLANNING council may approve the
establishment of not-for-profit rural  health  networks  as  defined  in
article  twenty-nine-A  of  this  chapter, pursuant to the provisions of
subdivisions two and three of  this  section,  except  that  the  public
health  AND  HEALTH  PLANNING council shall not consider the public need
for and financial resources and  sources  of  future  revenues  of  such
networks  which  do not seek approval to operate a hospital. In addition
to character and competence, the public health AND HEALTH PLANNING coun-
cil may take into consideration available network plans.
  (b) The board of directors  or  trustees  of  a  not-for-profit  rural
health network shall be comprised of a representative or representatives
of participating providers and members of the general public residing in
the area served by such network.
  15.  (a)  Diagnostic  or  treatment centers established exclusively to
provide end stage renal disease services may be operated by corporations
formed under the laws of New York  whose  stockholders  or  members,  as
applicable, are not natural persons if such corporations and their prin-
cipal  stockholders  and members, as applicable, and controlling persons
comply with all applicable requirements of this section and demonstrate,
to the satisfaction of the public health AND  HEALTH  PLANNING  council,
sufficient experience and expertise in delivering high quality end stage
renal  disease care. For purposes of this subdivision, the public health
AND HEALTH PLANNING council shall adopt and amend rules and regulations,
notwithstanding any inconsistent provision of this section,  to  address
any  matter  it  deems  pertinent  to the establishment and operation of
diagnostic or treatment centers pursuant to this  subdivision;  provided
that  such  rules  and  regulations shall include, but not be limited to
provisions governing or relating to: (i) any direct or indirect  changes
or  transfers  of  ownership  interests  or voting rights in such corpo-
rations or their stockholders or members, as applicable, and provide for
public health council approval of any change in  controlling  interests,
principal stockholders, controlling persons, parent company or sponsors;
(ii)  oversight  of  the  operator  and  its stockholders or members, as
applicable, including local governance of the  diagnostic  or  treatment
centers;  and  (iii) relating to the character and competence and quali-
fications of, and changes relating to, the directors and officers of the
operator and its principal  stockholders,  controlling  persons,  parent
company or sponsors.
  (b)  The following provisions of this section shall not apply to diag-
nostic or treatment centers operated pursuant to this subdivision:   (i)
paragraph  (b)  of subdivision three of this section, relating to stock-
holders and members; (ii) paragraph (c)  of  subdivision  four  of  this
section,  relating  to  the  disposition  of stock or voting rights; and
(iii) paragraph (e) of subdivision four of this section, relating to the
ownership of stock or membership.

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  16. (a) The commissioner shall charge to applicants for the establish-
ment of hospitals the following application fee:
    (i) For general hospitals:                              $3,000
    (ii) For nursing homes:                                 $3,000
    (iii) For safety net diagnostic and treatment centers
          as defined in paragraph (c) of this subdivision:  $1,000
    (iv) For all other diagnostic and treatment centers:    $2,000
  (b) An applicant for both establishment and construction of a hospital
shall  not  be  subject to this subdivision and shall be subject to fees
and charges as set forth in section twenty-eight  hundred  two  of  this
article.
  (c)  The  commissioner may designate a diagnostic and treatment center
or proposed diagnostic and treatment center as a "safety net  diagnostic
and  treatment center" if it is operated or proposes to be operated by a
not-for-profit corporation or local health department;  participates  or
intends  to  participate in the medical assistance program; demonstrates
or projects that a significant percentage of its visits,  as  determined
by  the  commissioner,  were  by  uninsured individuals; and principally
provides primary care services as defined by the commissioner.
  (d) The fees and charges paid by an applicant pursuant to this  subdi-
vision  for  any application for establishment of a hospital approved in
accordance with this section shall be deemed allowable capital costs  in
the  determination  of  reimbursement rates established pursuant to this
article. The cost of such fees and  charges  shall  not  be  subject  to
reimbursement  ceiling  or  other penalties used by the commissioner for
the purpose of establishing reimbursement rates pursuant to  this  arti-
cle.  All  fees pursuant to this section shall be payable to the depart-
ment of health for deposit into  the  special  revenue  funds  -  other,
miscellaneous special revenue fund - 339, certificate of need account.
  S  217.  Subdivisions  1,  2,  2-b, 3-a and 3-c of section 2802 of the
public health law, subdivision 1 as amended by chapter 470 of  the  laws
of  1976,  subdivision  2 as amended by chapter 609 of the laws of 1982,
subdivision 2-b as added by chapter 731 of the laws of 1993, subdivision
3-a as added by chapter 376 of the laws of 1992, and subdivision 3-c  as
added by chapter 97 of the laws of 1993, are amended to read as follows:
  1.  An  application  for  such  construction  shall  be filed with the
department, together with such other forms and information as  shall  be
prescribed  by, or acceptable to, the department. Thereafter the depart-
ment shall forward a copy of the application and accompanying  documents
to  the  [state  hospital  review and] PUBLIC HEALTH AND HEALTH planning
council and the health  systems  agency,  IF  ANY,  having  geographical
jurisdiction of the area where the hospital is located.
  2. The commissioner shall not act upon an application for construction
of  a  hospital  until the [state hospital review and] PUBLIC HEALTH AND
HEALTH planning council and the health systems agency have had a reason-
able time to submit their recommendations, and unless (a) the  applicant
has obtained all approvals and consents required by law for its incorpo-
ration or establishment (including the approval of the public health AND
HEALTH  PLANNING  council  pursuant  to  the provisions of this article)
provided, however, that the commissioner may act upon an application for
construction by an applicant possessing a  valid  operating  certificate
when  the application qualifies for review without the recommendation of
the council pursuant to regulations adopted by the council and  approved
by  the  commissioner;  and  (b) the commissioner is satisfied as to the
public need for the construction, at the time and place  and  under  the
circumstances  proposed, provided however that, in the case of an appli-

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cation by a hospital established or operated by an organization  defined
in  subdivision  one of section [four hundred eighty-two-a] FOUR HUNDRED
EIGHTY-TWO-B of the social services law, the needs of the members of the
religious  denomination  concerned,  for care or treatment in accordance
with their religious or ethical  convictions,  shall  be  deemed  to  be
public need.
  2-b.  Beginning  on  January  first, nineteen hundred ninety-four, and
each year thereafter, a complete application  received  between  January
first and June thirtieth of each year shall be reviewed by the appropri-
ate health systems agency and the department and presented to the [state
hospital  review  and] PUBLIC HEALTH AND HEALTH planning council for its
consideration prior to June  thirtieth  of  the  following  year  and  a
complete  application  received  between July first and December thirty-
first of each year shall be reviewed by the appropriate  health  systems
agency  and  the  department and presented to the [state hospital review
and] PUBLIC HEALTH AND HEALTH planning council for  consideration  prior
to December thirty-first of the following year.
  3-a.  Review  of  applications  from  hospitals  in epidemic areas and
hospitals serving state correctional facilities to renovate  or  provide
for  capital  improvement  for  the purpose of controlling the spread of
tuberculosis infection may be approved by the commissioner, who  to  the
extent  practicable  may,  but  shall  not  be required to, consider the
recommendations of the health systems agency  and  the  [state  hospital
review  and]  PUBLIC HEALTH AND HEALTH planning council for applications
for which he grants approval. In such cases the commissioner shall  take
further  measures  necessary  to  expedite departmental reviews for such
approval.
  3-c. An application shall state the proposed site or location  of  the
proposed  construction. Where the applicant changes the site or location
after approval of the application,  the  commissioner  may,  subject  to
regulations  under  this article, approve the change upon a finding that
the change is in the best interest of the service area. In  making  such
determination, the commissioner may seek a review of the proposed change
by  the  [state  hospital  review and] PUBLIC HEALTH AND HEALTH planning
council and the health systems agency having geographical jurisdiction.
  S 218. Paragraph (a) of subdivision 2 of section 2802-a of the  public
health  law,  as added by section 87 of part B of chapter 58 of the laws
of 2005, is amended to read as follows:
  (a) The commissioner shall act upon  such  applications  in  a  manner
consistent  with  section  twenty-eight  hundred  two  of  this  article
provided that the commissioner may not waive review  and  recommendation
by  the  [state  hospital  review and] PUBLIC HEALTH AND HEALTH planning
council. In the [state hospital review and]  PUBLIC  HEALTH  AND  HEALTH
planning  council's  evaluation  of  applications  and  the commissioner
acting upon such applications, priority shall be given to applicants who
have a memorandum of understanding or other cooperative  agreement  with
one  or  more  skilled  nursing  facilities located within their service
area. Further, in the [state hospital  review  and]  PUBLIC  HEALTH  AND
HEALTH  planning  council  evaluating  applications and the commissioner
acting upon such applications, consideration shall also be given to  the
geographic  distribution  of  applicants  throughout  the state, so that
applications may be approved from the various geographic regions of  the
state.
  S  219. Subdivisions (a), (b), (e), (f) and (k) of section 2904 of the
public health law are REPEALED and subdivisions (g) and (h), as  amended
by chapter 470 of the laws of 1976, are amended to read as follows:

S. 6613--A                         69                         A. 9713--A

  (g)  [The  council and any] ANY health systems agency, with respect to
any of the matters with which [they] IT may deal may  hold  such  public
hearings  as  [they]  IT  MAY  deem  appropriate  and  may  require  the
submission of such information and  documents  as  [they]  IT  may  deem
appropriate.
  (h) The members [of the council or] of any health systems agency shall
receive  no  compensation for their services but shall be reimbursed for
expenses actually and necessarily incurred in the performance  of  their
duties.
  S  220.  Section  3602 of the public health law is amended by adding a
new subdivision 16 to read as follows:
  16.  "PUBLIC HEALTH COUNCIL" SHALL MEAN THE PUBLIC HEALTH  AND  HEALTH
PLANNING COUNCIL.
  S  221.  Subdivisions  2, 3 and 4 of section 3605 of the public health
law as added by chapter 959 of the laws of 1984, are amended to read  as
follows:
  2.  The  commissioner  shall  not  issue  a  license  to any home care
services agency except with the written approval of  the  public  health
AND  HEALTH  PLANNING  council issued pursuant to the provisions of this
section.
  3. An application for licensure as a home care services  agency  shall
be  filed  with  the  public health AND HEALTH PLANNING council together
with such other forms and information as  shall  be  prescribed  by,  or
acceptable  to, the public health AND HEALTH PLANNING council. Thereaft-
er, the public health AND HEALTH  PLANNING  council  shall  forward  for
comment,  if any, a copy of the application for licensure and accompany-
ing documents to the [state hospital review  and  planning  council  and
the]  health systems agency, IF ANY, having geographical jurisdiction of
the area where the services of the proposed agency are  to  be  offered.
The public health AND HEALTH PLANNING council shall act upon such appli-
cation,  after  the [state hospital review and planning council and the]
health systems agency [have] HAS had reasonable time to  submit  [their]
ITS  comments,  based  solely  upon criteria provided for in subdivision
four of this section. If the public health AND HEALTH  PLANNING  council
proposes  to  disapprove the application, it shall notify the applicant,
provide reasons for disapproval and afford the applicant  a  hearing  on
the  application,  if  requested, or on its own motion. Any hearing held
pursuant to this subdivision may be conducted by the public  health  AND
HEALTH  PLANNING  council  or by any individual designated by the public
health AND HEALTH PLANNING council.
  4. The public health AND HEALTH PLANNING council shall not approve  an
application  for  licensure  unless it is satisfied as to the character,
competence and standing in the community of the  applicant's  incorpora-
tors, directors, sponsors, stockholders or operators.
  S  222. Subdivisions 1 and 2 of section 3606 of the public health law,
as amended by chapter 959 of the laws of 1984, are amended  to  read  as
follows:
  1.  The  commissioner shall not issue a certificate of approval to any
home care services agency except with the written approval of the public
health AND HEALTH PLANNING council. However, a residential  health  care
facility  or  hospital making application to the commissioner solely for
authorization to provide a long term home health care program  shall  be
deemed  to  have  met  such  requirement,  provided that the facility or
hospital possesses a valid operating certificate under  article  twenty-
eight of this chapter.

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  2.  An  application for approval of the proposed certified home health
agency shall be filed with the public health AND HEALTH PLANNING council
together with such other forms and information as  shall  be  prescribed
by,  or  acceptable  to,  the public health AND HEALTH PLANNING council.
Thereafter,  the public health AND HEALTH PLANNING council shall forward
a copy of the proposed application for  establishment  and  accompanying
documents  to  the  [state hospital review and planning council and the]
health systems agency, IF ANY, having geographical jurisdiction  of  the
area where the services of the proposed certified home health agency are
to  be  offered. The public health AND HEALTH PLANNING council shall act
upon such application after the  [state  hospital  review  and  planning
council  and the] health systems agency [have] HAS had a reasonable time
to submit [their] ITS recommendations. At the time members of the public
health AND HEALTH PLANNING council are notified that an  application  is
scheduled for consideration, the applicant and the health systems agency
shall  be so notified in writing.  The public health AND HEALTH PLANNING
council shall not take any action contrary to the advice of [either  the
state hospital review and planning council or] the health systems agency
until it affords to [either] THE HEALTH SYSTEMS AGENCY an opportunity to
request a public hearing and, if so requested, a public hearing shall be
held.  If  the  public  health  AND  HEALTH PLANNING council proposes to
disapprove the application it shall afford the applicant an  opportunity
to request a public hearing. The public health AND HEALTH PLANNING coun-
cil  may hold a public hearing on the application on its own motion. Any
public hearing held pursuant to this subdivision may be conducted by the
public health AND HEALTH PLANNING council or by  any  individual  desig-
nated by the public health AND HEALTH PLANNING council.
  The  public  health  AND  HEALTH PLANNING council shall not approve an
application for establishment unless it is satisfied, insofar as  appli-
cable, as to (a) the public need for the existence of the certified home
health  agency  at  the  time  and  place  and  under  the circumstances
proposed; (b) the character, competence, and standing in the  community,
of the proposed incorporators, directors and sponsors; (c) the financial
resources  of  the proposed certified home health agency and its sources
of future revenues; and (d) such other matters as it shall  deem  perti-
nent.
  Neither  the tax status nor profit-making status of proposed certified
home health agencies shall be criteria for establishment.
  S 223. Subdivisions 2 and 3 of section 3606-a  of  the  public  health
law, as added by chapter 576 of the laws of 1981, are amended to read as
follows:
  2.  An  application  for  such  construction  shall  be filed with the
department, together with such other forms and information as  shall  be
prescribed  by, or acceptable to, the department. Thereafter the depart-
ment shall forward a copy of the application and accompanying  documents
to  the  [state  hospital review and planning council] PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL and the health systems agency,  IF  ANY,  having
geographical jurisdiction of the area where the agency is located.
  3. The commissioner shall not act upon an application for construction
unless  (a)  the  applicant  has  obtained  all  approvals  and consents
required by law for its incorporation or  establishment  (including  the
approval  of  the  public health AND HEALTH PLANNING council pursuant to
the provisions of this article) and until the [state hospital review and
planning] PUBLIC HEALTH AND  HEALTH  PLANNING  council  and  the  health
systems  agency,  IF ANY, concerned have had a reasonable time to submit
their recommendations; and (b) the commissioner is satisfied as  to  the

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public  need  for  the construction, at the time and place and under the
circumstances proposed.
  S  224.  Subdivision  2  of  section 3610 of the public health law, as
amended by chapter 433 of the laws  of  1980,  is  amended  to  read  as
follows:
  2.  A  hospital,  residential  health care facility, or certified home
health agency seeking authorization to provide a long term  home  health
care  program  shall transmit to the commissioner an application setting
forth the scope of the proposed program. Such application shall be in  a
format  and  shall  be submitted in a quantity determined by the commis-
sioner. The commissioner shall transmit the application  to  the  [state
hospital  review and planning council] PUBLIC HEALTH AND HEALTH PLANNING
COUNCIL and to the health systems  agency,  IF  ANY,  having  geographic
jurisdiction  of  the  area where the proposed program is to be located.
The application shall include a detailed  description  of  the  proposed
program including, but not limited to, the following:
  (a) an outline of the institution's or agency's plans for the program;
  (b) the need for the proposed program;
  (c) the number and types of personnel to be employed;
  (d)  the  ability  of the agency, hospital, or facility to provide the
program;
  (e) the estimated number of visits to be provided;
  (f) the geographic  area  in  which  the  proposed  programs  will  be
provided;
  (g)  any  special  or  unusual  services, programs, or equipment to be
provided;
  (h) a demonstration that the proposed program is feasible and adequate
in terms of both short range and long range goals;
  (i) such other information as the commissioner may require.
  The health systems agency and the [state hospital review and  planning
council]  PUBLIC  HEALTH  AND  HEALTH  PLANNING COUNCIL shall review the
application and submit their recommendations to the commissioner. At the
time members of the [state hospital review and planning council]  PUBLIC
HEALTH  AND  HEALTH PLANNING COUNCIL are notified that an application is
scheduled for consideration, the applicant and the health systems agency
shall be so notified in writing.   The  health  systems  agency  or  the
[state  hospital  review  and planning council] PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL shall not recommend approval of the application  unless
it is satisfied as to:
  (a)  the  public  need for the program at the time and place and under
the circumstances proposed;
  (b) the financial resources of the provider of  the  proposed  program
and its sources of future revenues;
  (c) the ability of the proposed program to meet those standards estab-
lished  for  participation  as a home health agency under title XVIII of
the federal Social Security Act; and
  (d) such other matters as it shall deem pertinent.
  After receiving and considering  the  recommendations  of  the  [state
hospital  review and planning council] PUBLIC HEALTH AND HEALTH PLANNING
COUNCIL and the health systems agency, the commissioner shall  make  his
OR  HER  determination.  The  commissioner shall act upon an application
after the [state hospital review and planning council] PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL and the health systems agency have had a reason-
able time to submit their recommendations. The  commissioner  shall  not
take any action contrary to the advice of either until he OR SHE affords
to  either  an  opportunity  to  request  a  public  hearing  and, if so

S. 6613--A                         72                         A. 9713--A

requested, a public hearing shall be held. The  commissioner  shall  not
approve the application unless he OR SHE is satisfied as to the detailed
description of the proposed program and
  (a)  the  public need for the existence of the program at the time and
place and under the circumstances proposed;
  (b) the financial resources of the provider of  the  proposed  program
and its sources of future revenues;
  (c) the ability of the proposed program to meet those standards estab-
lished  for  participation  as a home health agency under title XVIII of
the federal Social Security Act; and
  (d) such other matters as he OR SHE shall deem pertinent.
  If the application is approved, the applicant shall be so notified  in
writing.  The  commissioner's  written approval of the application shall
constitute authorization  to  provide  a  long  term  home  health  care
program.  In  making  his  OR  HER authorization, the commissioner shall
stipulate the maximum number of persons which a provider of a long  term
home  health  care  program  may  serve. If the commissioner proposes to
disapprove the application, he OR SHE  shall  notify  the  applicant  in
writing,  stating  his  OR  HER  reasons for disapproval, and afford the
applicant an opportunity for a public hearing.
  S 225. Subdivision 2 of section 3611 of  the  public  health  law,  as
added by chapter 959 of the laws of 1984, is amended to read as follows:
  2. The public health AND HEALTH PLANNING council shall not act upon an
application  for  licensure  or a certificate of approval for any agency
referred to in paragraph one of this section unless it is  satisfied  as
to  the  character,  competence  and  standing  in  the community of the
proposed incorporators, directors, sponsors, controlling persons,  prin-
cipal  stockholders of the parent corporation, health related subsidiary
corporation and the New York state corporation established  pursuant  to
paragraph  (a)  of  subdivision one of this section. For the purposes of
this section the public health AND HEALTH  PLANNING  council  may  adopt
rules and regulations relative to what constitutes parent and subsidiary
corporations.
  S  226.  Subdivisions  1  and 2 of section 3611-a of the public health
law, as amended by section 92 of part C of chapter 58  of  the  laws  of
2009, are amended to read as follows:
  1. Any change in the person who, or any transfer, assignment, or other
disposition  of  an interest or voting rights of ten percent or more, or
any transfer, assignment or  other  disposition  which  results  in  the
ownership  or  control of an interest or voting rights of ten percent or
more, in a limited liability company or a partnership which is the oper-
ator of a licensed home care services agency or a certified home  health
agency  shall be approved by the public health AND HEALTH PLANNING coun-
cil, in accordance with the provisions of subdivision  four  of  section
thirty-six  hundred five of this article relative to licensure or subdi-
vision two of section thirty-six hundred six of this article relative to
certificate of approval, except that:
  (a) Public health  AND  HEALTH  PLANNING  council  approval  shall  be
required  only with respect to the person, or the member or partner that
is acquiring the interest or voting rights; and
  (b) With respect to certified home health agencies, such change  shall
not  be subject to the public need assessment described in paragraph (a)
of subdivision two of section thirty-six hundred six of this article.
  (c) No prior approval of the public health AND HEALTH PLANNING council
shall be required with respect to a transfer, assignment or  disposition
of:

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  (i)  an interest or voting rights to any person previously approved by
the public health AND HEALTH PLANNING council, OR ITS  PREDECESSOR,  for
that operator; or
  (ii)  an  interest  or  voting  rights of less than ten percent in the
operator. However, no such transaction  shall  be  effective  unless  at
least  ninety  days  prior  to  the intended effective date thereof, the
partner or member completes and files with the public health AND  HEALTH
PLANNING  council  notice  on forms to be developed by the public health
council, which shall disclose such  information  as  may  reasonably  be
necessary for the public health AND HEALTH PLANNING council to determine
whether it should bar the transaction. Such transaction will be final as
of  the intended effective date unless, prior thereto, the public health
AND HEALTH PLANNING council shall state  specific  reasons  for  barring
such  transactions  under  this paragraph and shall notify each party to
the proposed transaction.
  2. Any transfer, assignment or other disposition  of  ten  percent  or
more  of the stock or voting rights thereunder of a corporation which is
the operator of a licensed home care services agency or a certified home
health agency, or any transfer, assignment or other disposition  of  the
stock or voting rights thereunder of such a corporation which results in
the ownership or control of more than ten percent of the stock or voting
rights  thereunder of such corporation by any person shall be subject to
approval by the public health AND HEALTH PLANNING council in  accordance
with  the  provisions  of subdivision four of section thirty-six hundred
five of this article relative to licensure or subdivision two of section
thirty-six hundred six  of  this  article  relative  to  certificate  of
approval, except that:
  (a)  Public  health  [council]  AND HEALTH PLANNING COUNCIL'S approval
shall be required only with respect to the person  or  entity  acquiring
such stock or voting rights; and
  (b)  With respect to certified home health agencies, such change shall
not be subject to the public need assessment described in paragraph  (a)
of subdivision two of section thirty-six hundred six of this article. In
the  absence  of  such  approval, the license or certificate of approval
shall be subject to revocation or suspension.
  (c) No prior approval of the public health AND HEALTH PLANNING council
shall be required with respect to a transfer, assignment or  disposition
of an interest or voting rights to any person previously approved by the
public  health AND HEALTH PLANNING council, OR ITS PREDECESSOR, for that
operator. However, no such transaction  shall  be  effective  unless  at
least one hundred twenty days prior to the intended effective date ther-
eof,  the  partner  or member completes and files with the public health
AND HEALTH PLANNING council notice on  forms  to  be  developed  by  the
public  health  AND  HEALTH  PLANNING council, which shall disclose such
information as may reasonably be necessary for  the  public  health  AND
HEALTH  PLANNING  council  to determine whether it should bar the trans-
action. Such transaction will be final as of the intended effective date
unless, prior thereto, the public health  AND  HEALTH  PLANNING  council
shall  state  specific  reasons for barring such transactions under this
paragraph and shall notify each party to the proposed transaction.
  S 227. Section 4002 of the public health law is amended  by  adding  a
new subdivision 4 to read as follows:
  4.  "PUBLIC  HEALTH  COUNCIL"  SHALL MEAN THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL.

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  S 227-a. Subdivisions 1 and 2 of section 4004  of  the  public  health
law,  as added by chapter 416 of the laws of 1983, is amended to read as
follows:
  1.  The  commissioner shall not issue a certificate of approval to any
hospice except with the written approval of the public health AND HEALTH
PLANNING council. However, a hospice demonstration  program  participant
making  application  to  the  commissioner solely to establish a hospice
shall be deemed to have met such requirement.
  2. An application for approval of the proposed hospice shall be  filed
with  the  public  health AND HEALTH PLANNING council together with such
other forms and information as shall be prescribed by, or acceptable to,
the public health AND HEALTH PLANNING council.  Thereafter,  the  public
health  AND HEALTH PLANNING council shall forward a copy of the proposed
application for establishment and accompanying documents to  the  [state
hospital  review and planning council and the] health systems agency, IF
ANY, having geographical jurisdiction of the area where the services  of
the  proposed  hospice  are  to be offered. The public health AND HEALTH
PLANNING council shall act upon such application after the [state hospi-
tal review and planning council and the] health  systems  agency  [have]
HAS  had a reasonable time to submit [their] ITS recommendations. At the
time members of the public health AND HEALTH PLANNING council are  noti-
fied  that  an application is scheduled for consideration, the applicant
and the health systems agency shall  be  so  notified  in  writing.  The
public  health  AND  HEALTH  PLANNING  council shall not take any action
contrary to the advice of [either the state hospital review and planning
council or] the health systems agency until it affords to  [either]  THE
HEALTH  SYSTEM AGENCY an opportunity to request a public hearing and, if
so requested, a public hearing shall be held. If the public  health  AND
HEALTH PLANNING council proposes to disapprove the application, it shall
afford  the  applicant  an  opportunity to request a public hearing. The
public health AND HEALTH PLANNING council may hold a public  hearing  on
the  application  on its own motion. Any public hearing held pursuant to
this subdivision may be conducted by the public health AND HEALTH  PLAN-
NING  council  or  by any individual designated by the public health AND
HEALTH PLANNING council.  The public health AND HEALTH PLANNING  council
shall  not  approve an application for establishment unless it is satis-
fied, insofar as applicable, as to (a) the public need for the existence
of the hospice at  the  time  and  place  and  under  the  circumstances
proposed;  (b) the character, competence, and standing in the community,
of the proposed  incorporators,  directors,  sponsors,  stockholders  or
operators;  (c)  the financial resources of the proposed hospice and its
sources of future revenues; and (d) such other matters as it shall  deem
pertinent.
  S  228. Subdivisions 2 and 3 of section 4006 of the public health law,
as added by chapter 416 of the laws of 1983,  are  amended  to  read  as
follows:
  2.  An  application  for  such  construction  shall  be filed with the
department, together with such other forms and information as  shall  be
prescribed  by, or acceptable to, the department. Thereafter the depart-
ment shall forward a copy of the application and accompanying  documents
to  the  [state  hospital  review and] PUBLIC HEALTH AND HEALTH planning
council and the health  systems  agency,  IF  ANY,  having  geographical
jurisdiction of the area where the hospice is located.
  3. The commissioner shall not act upon an application for construction
unless  (a)  the  applicant  has  obtained  all  approvals  and consents
required by law for its incorporation or  establishment  (including  the

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approval  of  the  public health AND HEALTH PLANNING council pursuant to
the provisions of this article) and until  the  [state  hospital  review
and]  PUBLIC  HEALTH  AND HEALTH planning council and the health systems
agency  concerned have had a reasonable time to submit their recommenda-
tions, and (b) the commissioner is satisfied as to the public  need  for
the  construction,  at  the  time  and place and under the circumstances
proposed.
  S 229. Paragraph (e) of section 201 of the business  corporation  law,
as  added  by  chapter  669  of  the laws of 1977, is amended to read as
follows:
  (e) A corporation may not include as its purpose or among its purposes
the establishment or maintenance of a  hospital  or  facility  providing
health  related  services, as those terms are defined in article twenty-
eight of the public health law unless its certificate  of  incorporation
shall  so  state  and  such  certificate  shall have annexed thereto the
approval of the public health AND HEALTH PLANNING council.
  S 230. Section 205-a of the county law, as added by chapter 873 of the
laws of 1976, is amended to read as follows:
  S 205-a. Certain pilot projects. Any county operating a county  hospi-
tal  employing  physicians  and  dentists  pursuant  to  a pilot project
approved by the public health AND HEALTH PLANNING council, whereby  such
physicians  and  dentists  may  receive  fees  for  private professional
services rendered in accordance with section one hundred thirty  of  the
general municipal law in addition to the amount of remuneration fixed by
the  respective county legislative bodies for regular services, shall be
required to adopt rules and regulations to govern such fees. Such  rules
and  regulations  shall  be subject to the approval of the public health
AND HEALTH PLANNING council.
  S 231. Subdivision 1-a of section 250 of the county law, as  added  by
chapter 622 of the laws of 1984, is amended to read as follows:
  1-a.  For  the  purpose  of  (a) procuring by purchase, lease or other
means and installing  water  quality  treatment  units  or  devices,  if
required;  providing periodic testing and monitoring of raw and finished
water from private wells in the district; monitoring, modifying, repair-
ing, replacing, operation and maintenance,  regenerating  water  quality
treatment  units  and devices and the administering of the treatment and
disposal of residuals generated in the operation of the district  pursu-
ant  to  rules  and  regulations adopted by the public health AND HEALTH
PLANNING council under section two hundred  twenty-five  of  the  public
health  law;  (b)  assisting local, state and federal agencies and offi-
cials in efforts to establish causes of, and implement remedial measures
to reduce water contamination and protect future water resources  within
the  district;  (c)  conduct  public meetings and issue an annual public
report to members of the district on the operation,  financial  position
and  water  quality  condition of said district; provided, however, that
with respect to any town in the county the board  of  supervisors  shall
first determine that such district or service will not be established or
provided by such town.
  S  232.  Subdivision 1 of section 253 of the county law, as amended by
chapter 622 of the laws of 1984, is amended to read as follows:
  1. A petition may be presented to the board of supervisors  requesting
that  a  certain  area or areas of the county be established as a county
district. Such petition shall be executed and acknowledged on behalf  of
a  municipality  or  district, any part of which is included within such
area or areas, by the chief executive officer of such  municipality,  or
of  such  district  furnishing  a  similar service as the district to be

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established hereunder. In lieu of execution of the petition by the chief
executive officer of such municipality or district, the petition may  be
executed and acknowledged by at least twenty-five owners of taxable real
property  of record situated within such municipality or district, or in
Suffolk county, if all of the taxable real property  of  record  situate
within  such  municipality which is to be included within a certain area
or areas of the county to be established as a county district  is  owned
by  one  or more but less than twenty-five owners, then the petition may
be executed and acknowledged by one or more of said  owners  within  the
area or areas to be established as a county district.  Upon presentation
of  such  a  petition or on its own motion, the board of supervisors may
direct the agency to cause maps and plans to be prepared for  a  project
as  requested in the petition or for the establishment of a certain area
or areas of the county as a county district, provided, however, that  if
the  petitioning  municipality,  district  or owners of taxable property
undertake to furnish or pay the cost of such maps and plans  at  its  or
their cost and expense, the board of supervisors shall direct the agency
to  accept  or  prepare the same. In the case of a petition to create or
extend a water quality treatment district, the petition may be  executed
and  acknowledged  by one or more of the owners of taxable real property
of record situated within such municipality whose private well water  is
contaminated.  At  the  time  the petition is executed and acknowledged,
notice and copy of such petition shall be submitted to the state depart-
ment of health.  Such maps or plans shall show (1) the boundaries of the
area or areas which the agency in its judgment considers will  be  bene-
fited  by the particular project, (2) a description of the area or areas
sufficient to permit  definite  and  conclusive  identification  of  all
parcels  of  property included therein, (3) the proposed location of all
facilities such as (a) reservoirs, stand pipes, wells, pumping stations,
water purification or treatment works, mains and hydrants, the source of
water supply, a description of the lands, streams, water or water rights
to be acquired and the mode of constructing the  proposed  water  works,
(b)  benefited  parcels of properties with water quality treatment units
or devices installed prior to the formation of the district and/or those
properties requiring installation of water quality  treatment  units  or
devices  and the mode and frequency of testing, monitoring, modifying if
required, operation and maintenance, regenerating of such water  quality
treatment  units  or  devices and the administering of the treatment and
disposal of residuals and any other requirements pursuant to  rules  and
regulations  adopted  by  the  public health AND HEALTH PLANNING council
under section two hundred twenty-five of  the  public  health  law.  Any
water quality treatment unit or device which has been installed prior to
the  formation  of  the  district must be approved pursuant to rules and
regulations adopted by the public health  AND  HEALTH  PLANNING  council
under section two hundred twenty-five of the public health law, prior to
acceptance  of such unit or device and its benefited property within the
district, (c) trunk, interceptor and outfall sewers,  pumping  stations,
sewage   treatment   and   disposal   works,  (d)  properties  requiring
construction or  replacement  of  private  on-site  wastewater  disposal
systems  and the mode and frequency of conveying, treating and disposing
of wastewater and residual wastewater, (e)  drains,  ditches,  channels,
pumping  stations,  dams,  dikes,  bulkheads and retaining walls, or (f)
refuse disposal and incinerator  plants  and  all  necessary  appliances
appurtenant  thereto,  (4)  estimates  of  the  cost of construction, or
procurement and installation of the facilities, and/or in  the  case  of
water quality treatment districts, estimates of the costs of monitoring,

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testing, modifying, if required, operation and maintenance, regenerating
of  such  water quality treatment units or devices and the treatment and
disposal of residuals, as shown on the maps and plans and the method  of
financing  the  same and (5) an evaluation of rehabilitation needs based
upon water quality, public use and private  development,  special  wild-
life, scenic or other values, sedimentation, shoreland zoning, potential
for  adequate  pollution and erosion controls within the drainage basin,
and potential for future successful  management.  Such  maps  and  plans
pertaining to sewer districts shall be consistent with, so far as possi-
ble,  any  comprehensive  plan  for sewers developed pursuant to section
17-1901 of the environmental  conservation  law.  Such  maps  and  plans
pertaining to water districts shall be consistent with, so far as possi-
ble,  any  comprehensive  plan for public water supply systems developed
pursuant to title thirteen  of  article  fifteen  of  the  environmental
conservation law.
  S  233.  Paragraph  b  of  subdivision 1 of section 483 of the general
business law, as added by section 3 of part B of chapter 58 of the  laws
of 2006, is amended to read as follows:
  b.  Pursuant  to  section two hundred twenty-five of the public health
law, the public health AND  HEALTH  PLANNING  council,  subject  to  the
approval  of  the  commissioner  of  health,  is  hereby  authorized and
directed to prescribe such rules and regulations as may be necessary and
proper for the administration  and  enforcement  of  this  article  with
respect  to  radioactive  material  and  radiation equipment. Such regu-
lations may require the posting of a bond or other security.
  S 234. The second undesignated  paragraph  of  section  135-b  of  the
general  municipal  law, as added by chapter 161 of the laws of 1922, is
amended to read as follows:
  The chief medical officer of such public general hospital,  tuberculo-
sis  hospital  or  sanatorium shall have authority to employ one or more
occupational therapists to carry on the work of  such  department  under
his  supervision.  The  qualifications  of  occupational  therapists  so
employed shall be defined by the public health AND HEALTH PLANNING coun-
cil.
  S 235. Paragraph 7 of subdivision (a) and subdivision (b)  of  section
7.05  of  the  mental  hygiene  law,  paragraph  7 of subdivision (a) as
amended by chapter 725 of the laws of 1982 and as renumbered by  chapter
410  of  the laws of 2008 and subdivision (b) as added by chapter 724 of
the laws of 1982, are amended to read as follows:
  7. the [two members] MEMBER of the [state hospital review and planning
council] PUBLIC HEALTH AND HEALTH  PLANNING  COUNCIL  appointed  by  the
governor pursuant to subdivision (b) of this section.
  (b) The chairman shall recommend [two members] ONE MEMBER of the coun-
cil for appointment by the governor to the [hospital review and planning
council]  PUBLIC  HEALTH AND HEALTH PLANNING COUNCIL pursuant to section
[twenty-nine hundred four] TWO HUNDRED TWENTY of the public health law.
  S 236. Subparagraph 1 of paragraph (a) of section 301 of the  not-for-
profit  corporation  law, as amended by chapter 669 of the laws of 1977,
is amended to read as follows:
  (1)  Shall, unless the corporation is formed for charitable  or  reli-
gious  purposes,  or  for purposes for which the approval of the commis-
sioner of social services or the public health AND HEALTH PLANNING coun-
cil  is  required,  or  is  a  bar   association,   contain   the   word
"corporation",  "incorporated" or "limited" or an abbreviation of one of
such words; or, in the case of a foreign corporation, it shall, for  use

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in this state, add at the end of its name one of such words or an abbre-
viation thereof.
  S  237. Paragraphs (o), (p) and (t) of section 404 of the not-for-pro-
fit corporation law, as amended by chapter 139 of the laws of  1993  and
as relettered by chapter 431 of the laws of 1993, are amended to read as
follows:
  (o) Every certificate of incorporation which includes among its corpo-
rate  purposes  or powers the establishment or maintenance of any hospi-
tal, as defined in article twenty-eight of the public health law, or the
solicitation of contributions for any such purpose, or  purposes,  shall
have  endorsed  thereon  or  annexed  thereto the approval of the public
health AND HEALTH PLANNING council.
  (p) Every certificate of incorporation of  a  medical  corporation  as
defined  in  article  forty-four  of the public health law and organized
pursuant thereto and pursuant to this chapter, shall have endorsed ther-
eon or annexed thereto the consent of the commissioner of health and the
approval of the public health AND HEALTH PLANNING council.
  (t) Every  certificate  of  incorporation  which  includes  among  its
purposes  and  powers  the establishment or maintenance of a hospital or
facility providing health related services, as those terms  are  defined
in article twenty-eight of the public health law, or the solicitation of
contributions  for  any  such  purpose  or two or more of such purposes,
shall have endorsed thereon the approval of the public health AND HEALTH
PLANNING council.
  S 238. Subdivision 4 of section 364 of the  social  services  law,  as
amended  by  chapter  474  of  the  laws  of 1996, is amended to read as
follows:
  4. The public health AND HEALTH PLANNING council shall be  responsible
for  establishing and maintaining qualifications for persons employed by
social services districts as professional directors.
  S 239. Subdivision 2 of section 365-b of the social services  law,  as
amended  by  chapter  770  of  the  laws  of 1977, is amended to read as
follows:
  2.   The commissioner of  social  services  of  each  social  services
district  shall  appoint  a person, possessing the qualifications estab-
lished by the public health AND HEALTH PLANNING council and  promulgated
by  the  department pursuant to section three hundred sixty-four OF THIS
TITLE, to serve on a full or part-time basis.  Each professional  direc-
tor  shall  serve  under  the  general  direction of the commissioner of
social services and shall have the responsibility  for  supervising  the
program  of  medical assistance for needy persons in his social services
district, pursuant to  the regulations of the  department.    The  state
commissioner  of  health  may  authorize  two  or  more  social services
districts to appoint the same person to serve as  professional  director
in each of such districts.
  S  240.  Paragraphs  (b), (c), (e) and (f) of subdivision 3 of section
461-l of the social services law, as added by chapter 165 of the laws of
1991, are amended to read as follows:
  (b) If the application for the proposed program includes  an  applica-
tion  for  licensure  as  a  home care service agency, the department of
health shall forward the application for the proposed program and accom-
panying documents to the public health AND HEALTH PLANNING  council  for
its  written approval in accordance with the provisions of section thir-
ty-six hundred five of the public health law.
  (c) An application  for  an  assisted  living  program  shall  not  be
approved unless the commissioner is satisfied as to:

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  (i)  the  character,  competence  and standing in the community of the
operator of the adult care facility;
  (ii)  the  financial  responsibility of the operator of the adult care
facility;
  (iii) that the buildings, equipment,  staff,  standards  of  care  and
records  of  the  adult  care  facility  to be employed in the operation
comply with applicable law, rule and regulation;
  (iv) the commissioner of health is satisfied that  the  licensed  home
care  agency  has received the written approval of the public health AND
HEALTH PLANNING council as required by paragraph (b) of this subdivision
and the equipment, personnel, rules, standards of care,  and  home  care
services  provided  by  [a]  THE licensed home care agency and certified
home health agency or long term home health care  program  are  fit  and
adequate  and will be provided in the manner required by article thirty-
six of the public health law and the rules and  regulations  thereunder;
and
  (v)  the  commissioner and the commissioner of health are satisfied as
to the public need for the assisted living program.
  (e) The  commissioner  of  health  shall  provide  written  notice  of
approval or disapproval of portions of the proposed application concern-
ing  a  licensed  home care agency, certified home health agency or long
term home health care program, and, where applicable, of the approval or
disapproval of the public health AND  HEALTH  PLANNING  council  to  the
commissioner.  If  an  application receives all the necessary approvals,
the commissioner shall notify the applicant in writing. The  commission-
er's  written  approval  shall  constitute  authorization  to operate an
assisted living program.
  (f) No assisted living program may be  operated  without  the  written
approval of the department, the department of health and, where applica-
ble, the public health AND HEALTH PLANNING council.
  S  241.  Subdivision  21 of section 130 of the town law, as amended by
chapter 465 of the laws of 1955, is amended to read as follows:
  21. House trailer camps, tourist camps and house trailers.  Regulating
house  trailer camps, tourist camps or similar establishments; requiring
approval of suitable plans for house trailer camps and tourist camps and
prescribing  regulations  therefor   including   provision   for   sewer
connection,  water supply, toilets, bathing facilities, garbage removal,
registration of occupants, inspection  of  camps.  The  town  board  may
either  adopt  the  provisions  of  the sanitary code established by the
public health AND HEALTH PLANNING council or may formulate  other  rules
and  regulations relating to house trailer camps, tourist camps or simi-
lar establishments not inconsistent with the provisions  of  such  state
sanitary code.  Regulating the parking, storage or otherwise locating of
house  trailers  when used or occupied as living or sleeping quarters in
any part of the town outside an established house trailer camp,  tourist
camp  or similar establishment; providing time limits on duration of the
stay of such house trailers and requiring  registration  of  such  house
trailers when so used.
  S 242. Subdivisions 1 and 2 of section 190-g of the town law, as added
by chapter 622 of the laws of 1984, is amended to read as follows:
  1.  The  town  board  of any town is hereby authorized to establish or
extend a water  quality  treatment  district,  or  more  than  one  such
district,  for the purposes of (a) procuring by purchase, lease or other
means, and installing water  quality  treatment  units  or  devices,  if
required;  providing periodic testing and monitoring of raw and finished
water from private wells in the district; monitoring, modifying, repair-

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ing, replacing, operation and maintenance,  regenerating  water  quality
treatment  units  and devices and the administering of the treatment and
disposal of residuals generated in the operation of the district  pursu-
ant  to  rules  and  regulations adopted by the public health AND HEALTH
PLANNING council under section two hundred  twenty-five  of  the  public
health  law;  (b)  assisting local, state and federal agencies and offi-
cials in efforts to establish causes of, and implement remedial measures
to reduce, water contamination and protect future water resources within
the district; (c) conduct public meetings and  issue  an  annual  public
report  to  members of the district on the operation, financial position
and water quality condition of said district.
  2. A  water  quality  treatment  district  established  hereunder  may
consist of noncontiguous or contiguous benefited parcels of property and
shall  be created by a resolution of the town board, upon petition after
a public hearing. The petition may be executed and acknowledged  by  one
or more of the owners of taxable real property of record situated within
the  town  whose  private well water is contaminated and at the time the
petition is executed and acknowledged, notice and copy of such  petition
shall  be  submitted to the state department of health.  Upon a petition
signed and acknowledged the town board may, or on its own motion,  after
a  public  hearing, assemble data relating to the number and location of
private wells within the town, the contaminants  present  in  the  water
supply  in such town's private wells, (for the purposes of this section,
"contaminants" shall mean those substances found in amounts  or  concen-
trations which violate federal, state or local laws, guidelines or rules
and  regulations  relating to drinking water or which may pose a risk to
public health), the extent of contamination of the water supply  in  the
town's  private  wells,  and  the  availability of appropriate treatment
technologies for the contaminants found to  be  present,  or  which  are
reasonably  expected  to  be  found,  currently or in the future, in the
water supply in the town's private wells. Upon presentation of the peti-
tion or on its own motion, the town board may direct or cause  maps  and
plans  to  be prepared, provided however, that if the owner or owners of
taxable real property undertake to furnish or pay the cost of such  maps
and  plans at his or their cost and expense, the town board shall accept
or prepare the same or the town board may adopt a resolution, subject to
a permissive referendum, appropriating a specific amount to pay the cost
of preparing a general map and plan for providing water  quality  treat-
ment units or devices and related services. The town board may determine
that  such  maps and plans shall be prepared by or under the supervision
of town officers and employees to be designated by the town board, or by
persons to be employed for that purpose, or the town board may  contract
for the preparation thereof, within the limitations of the amount appro-
priated.   Except as otherwise provided herein, the expense incurred for
the preparation of such maps and plans shall be a town charge, and shall
be assessed, levied and collected in  the  same  manner  as  other  town
charges.  If the town board shall thereafter establish or extend a water
quality treatment district, the expense incurred by  the  town  for  the
preparation of the maps and plans therefor shall be deemed to be part of
the  cost  of  such  improvement,  and  the town shall be reimbursed the
amount paid therefor, or such portion of  that  amount  which  the  town
board,  at the public hearing held pursuant to section one hundred nine-
ty-four of this chapter, shall allocate against such district.   Nothing
in this section contained, or in any other section of this act, shall be
construed to prevent the financing, in whole or in part, of expenditures
by  private  sources,  grants or by other means. All such maps and plans

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shall be filed with the town clerk. Such maps and plans shall  show  (1)
the  location  of all benefited parcels of properties with water quality
treatment units or devices installed  prior  to  the  formation  of  the
district and/or those properties requiring installation of water quality
treatment  units or devices and the mode and frequency of testing, moni-
toring, modifying if required, operation and  maintenance,  regenerating
of  such  water quality treatment units or devices and the administering
of the treatment and disposal of residuals and  any  other  requirements
pursuant  to  rules  and  regulations  adopted  by the public health AND
HEALTH PLANNING council under section two  hundred  twenty-five  of  the
public  health  law,  and  (2)  estimates  of  the costs of procurement,
installation, monitoring, testing, modifying, if required, operation and
maintenance, regenerating of  such  water  quality  treatment  units  or
devices  and  the treatment and disposal of residuals, and the method of
financing the same. Any water quality treatment unit or device which has
been installed prior to the formation of the district must  be  approved
pursuant  to  rules  and  regulations  adopted  by the public health AND
HEALTH PLANNING council under section two  hundred  twenty-five  of  the
public  health  law,  prior to acceptance of such unit or device and its
benefited property within the district.
  S 243. Subdivision 3 of section 13-b of the workers' compensation law,
as amended by chapter 1068 of the laws of 1960, is amended  to  read  as
follows:
  3. Laboratories and bureaus engaged in x-ray diagnosis or treatment or
in  physiotherapy  or other therapeutic procedures and which participate
in the diagnosis or treatment of  injured  workmen  under  this  chapter
shall  be operated or supervised by qualified physicians duly authorized
under this chapter and shall be subject to  the  provisions  of  section
thirteen-c  of this [chapter] ARTICLE.  The person in charge of diagnos-
tic clinical laboratories  duly  authorized  under  this  chapter  shall
possess  the  qualifications established by the public health AND HEALTH
PLANNING council for approval by the state commissioner of health or, in
the city of New York, the qualifications approved by the board of health
of said city and shall maintain the standards of work required for  such
approval.
  S 243-a. Section 154 of the labor law is REPEALED.
  S 244. This act shall take effect immediately, provided that:
  a. section twenty-two of this act shall be deemed to have been in full
force  and  effect  on  the same date as chapter 299 of the laws of 2008
took effect; and provided further that the amendments to section 554  of
the  executive  law  made  by  section  twenty-two of this act shall not
affect the expiration of such section and shall expire therewith;
  b. sections thirty-three and thirty-four of this act shall take effect
April 1, 2013;
  c. the amendments to subdivision 10 of  section  3615  of  the  public
health  law made by section fifty-three of this act shall not affect the
expiration of such section and shall expire therewith;
  d. the amendments to subdivision 1 of section 210  of  the  elder  law
made by section one hundred ninety-eight-a of this act shall take effect
on  the  first  of  September next succeeding the date on which it shall
have become a law;
  e. the amendments to paragraph (a) of subdivision 2 of section  2802-a
of  the  public  health law made by section two hundred eighteen of this
act shall not affect the repeal of such  section  and  shall  be  deemed
repealed therewith; and

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  f. sections one hundred ninety-nine through two hundred forty-three of
this  act shall take effect December 1, 2010, provided however, that the
public health  and  health  planning  council  shall  be  authorized  to
complete  action  on  any  application,  regulation,  complaint or other
matter  under consideration by the public health council or state hospi-
tal review and planning council on such  effective  date;  and  provided
further  that  any  final  approval granted or regulation adopted by the
public health council or state  hospital  review  and  planning  council
shall  remain  in effect according to its terms after the effective date
of this act, unless  otherwise  lawfully  annulled,  revoked,  modified,
amended, limited or suspended.