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

                                  1105

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sens.  KLEIN, CARLUCCI, DILAN, ESPAILLAT, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health

AN  ACT  to amend the public health law, in relation to establishing the
  asthma prevention and education program (Part A); to amend the  public
  health  law,  in  relation  to  in-utero  exposure  to  tobacco  smoke
  prevention (Part B); to amend the public health law,  in  relation  to
  reporting  on  the  incidence  of asthma (Part C); to amend the public
  health law, in relation  to  including  certain  respiratory  diseases
  within  disease  management  demonstration programs (Part D); to amend
  the public health law, in relation  to  the  reduction  of  emphysema,
  chronic  bronchitis and other chronic respiratory diseases in children
  (Part E); to amend the public  health  law,  in  relation  to  smoking
  restrictions in certain outdoor areas (Part F); to amend the education
  law,  in relation to requiring all teachers to be trained in identify-
  ing and responding to asthma emergencies (Part G); to amend  the  real
  property law, in relation to residential rental property smoking poli-
  cies  (Part  H);  to amend the education law, in relation to requiring
  school districts and  private  elementary  and  secondary  schools  to
  establish  and  implement  rules  prohibiting  the engine of any motor
  vehicle to remain idling while parked or standing  on  school  grounds
  (Part I); to amend the education law, in relation to the use of inhal-
  ers  and  nebulizers (Part J); to amend the environmental conservation
  law, in relation to pesticide alternatives used  at  schools  and  day
  care  centers  (Part  K);  and  to  amend the public buildings law, in
  relation to curtailing the use of cleaning materials  that  induce  or
  trigger asthma episodes (Part L)

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

  Section 1. This act enacts into law major  components  of  legislation
which combat the incidence of asthma and other respiratory diseases such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03883-01-5
              

S. 1105                             2

as  emphysema and chronic bronchitis. Each component is wholly contained
within a Part identified as Parts A through L. The  effective  date  for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a  Part,  including the effective date of the Part, which makes a refer-
ence to a section "of this act",  when  used  in  connection  with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Part in which it is found. Section four of  this
act sets forth the general effective date of this act.
  S  2.  Legislative  findings  and  purpose. The legislature finds that
asthma is a chronic, potentially life-threatening,  respiratory  illness
that affects over a million New Yorkers, including thousands of children
and  adolescents.  Asthma is the leading cause of school absences attri-
buted to chronic conditions. Asthma is also directly linked to large and
growing inpatient bills for  medicaid  and  other  health  care  payers.
Therefore,  the  legislature  finds  that  establishing  a comprehensive
statewide asthma prevention management and control program which coordi-
nates the efforts  of  individuals,  families,  health  care  providers,
schools  and community-based organizations is in the public interest and
would benefit the people of the state of New York.

                                 PART A

  Section 1. The public health law is amended by adding  a  new  article
27-BB to read as follows:
                               ARTICLE 27-BB
                  ASTHMA DISEASE MANAGEMENT AND CONTROL
SECTION 2725. ASTHMA DISEASE MANAGEMENT AND CONTROL PROGRAM.
        2726. STUDY OF ASTHMA INCIDENCE AND PREVALENCE.
        2727. ANNUAL REPORT.
  S  2725.  ASTHMA  DISEASE  MANAGEMENT AND CONTROL PROGRAM. 1. THERE IS
HEREBY CREATED WITHIN THE DEPARTMENT THE ASTHMA DISEASE  MANAGEMENT  AND
CONTROL  PROGRAM  (HEREINAFTER  REFERRED  TO  IN  THIS  ARTICLE  AS  THE
"PROGRAM"). THE PURPOSE OF THE PROGRAM  IS  TO  PROMOTE  ASTHMA  DISEASE
MANAGEMENT  AND EDUCATION AND OUTREACH ABOUT ASTHMA TO PEOPLE WHO SUFFER
FROM ASTHMA AND THEIR FAMILIES, HEALTH CARE PROVIDERS, AND  THE  GENERAL
PUBLIC.
  2. SERVICES TO BE PROVIDED BY THE PROGRAM MAY INCLUDE:
  (A)  ASTHMA  DISEASE  MANAGEMENT  AND CASE MANAGEMENT FOR PATIENTS AND
THEIR FAMILIES;
  (B) ASTHMA OUTREACH AND SCREENING;
  (C) THE PROMOTION OF AWARENESS OF THE CAUSES OF ASTHMA;
  (D) EDUCATION ON PREVENTION STRATEGIES;
  (E) EDUCATION ON PROPER DISEASE MANAGEMENT PRACTICES; AND
  (F) EDUCATION ON AVAILABLE TREATMENT MODALITIES.
  3. THE COMMISSIONER SHALL MAKE GRANTS WITHIN THE AMOUNTS  APPROPRIATED
THEREFOR  TO  LOCAL  HEALTH  AGENCIES,  HEALTH  CARE PROVIDERS, SCHOOLS,
SCHOOL BASED HEALTH CENTERS AND COMMUNITY-BASED ORGANIZATIONS, AND OTHER
ORGANIZATIONS  WITH  DEMONSTRATED  INTEREST  AND  EXPERTISE  IN  SERVING
PERSONS  WITH  ASTHMA  TO  PROVIDE THE SERVICES SET OUT IN THIS SECTION.
GRANT RECIPIENTS SHALL BE GOVERNMENT ENTITIES OR  NOT-FOR-PROFIT  ORGAN-
IZATIONS.
  THE COMMISSIONER MAY COORDINATE GRANTS UNDER THIS SUBDIVISION WITH THE
AVAILABILITY  OF  GRANTS  FROM  OTHER SOURCES. THE COMMISSIONER MAY ALSO
ACCEPT OR SEEK GRANTS FROM OTHER SOURCES TO ENHANCE THE  AMOUNTS  APPRO-
PRIATED TO THE PROGRAM.

S. 1105                             3

  S  2726.  STUDY  OF ASTHMA INCIDENCE AND PREVALENCE. 1. THE DEPARTMENT
SHALL STUDY THE INCIDENCE AND PREVALENCE OF ASTHMA IN THE STATE'S  POPU-
LATION  AND  CURRENT  DISEASE  MANAGEMENT  PRACTICES.  SUCH  STUDY SHALL
UTILIZE INFORMATION OBTAINED PURSUANT TO ARTICLE TWENTY-FOUR-F  OF  THIS
CHAPTER, AND INCLUDE:
  (A) THE CAUSE AND NATURE OF THE DISEASE;
  (B) BEHAVIORAL AND ENVIRONMENTAL TRIGGERS;
  (C)  AN ASSESSMENT OF THE NEED FOR PATIENT-CENTERED CASE MANAGEMENT TO
MEET SPECIFIC PHYSICAL AND ENVIRONMENTAL NEEDS OF PATIENTS;
  (D) OUTCOME  EVALUATIONS,  INCLUDING,  BUT  NOT  LIMITED  TO,  PATIENT
PERCEPTIONS  OF  IMPROVEMENT,  SIGNS  AND  SYMPTOMS OF ASTHMA, PULMONARY
FUNCTION, HISTORY OF ASTHMA EXACERBATIONS,  PHARMACOTHERAPY,  ASSESSMENT
OF  HOSPITAL  EMERGENCY  ROOM  VISITS  FOR  ASTHMA, AND PATIENT-PROVIDER
COMMUNICATION; AND
  (E) AN ASSESSMENT OF THE ABILITY OF PROVIDERS,  INCLUDING  NON-PROFES-
SIONALS  AND HEALTH CARE PROFESSIONALS SUCH AS PHYSICIANS, NURSES, PHAR-
MACISTS AND RESPIRATORY THERAPISTS, TO SYSTEMICALLY INSTRUCT AND DEVELOP
ASTHMA MANAGEMENT PLANS FOR PATIENTS AND FREQUENTLY REVIEW WITH PATIENTS
AND THEIR FAMILIES HOW TO MANAGE AND CONTROL THEIR ASTHMA.
  2. THE DEPARTMENT SHALL GATHER DATA  FOR  MONITORING  THE  OCCURRENCE,
FREQUENCY, INCIDENCE, CAUSE, EFFECT AND SEVERITY OF ASTHMA.
  (A) THE DEPARTMENT MAY REQUIRE THE FOLLOWING TO REPORT DATA UNDER THIS
SUBDIVISION:
  I. THE STATEWIDE PLANNING AND RESEARCH COOPERATIVE SYSTEM (SPARCS);
  II.  HEALTH  MAINTENANCE  ORGANIZATIONS  LICENSED  PURSUANT TO ARTICLE
FORTY-THREE OF THE INSURANCE LAW OR CERTIFIED PURSUANT TO  THIS  CHAPTER
OR  AN INDEPENDENT PRACTICE ASSOCIATION CERTIFIED OR RECOGNIZED PURSUANT
TO THIS CHAPTER;
  III. OTHER INSURERS;
  IV. THE MEDICAID (TITLE  XIX  OF  THE  FEDERAL  SOCIAL  SECURITY  ACT)
PROGRAM;
  V. HEALTH FACILITIES;
  VI. HEALTH CARE PRACTITIONERS;
  VII. PATIENTS: SELF REPORTING;
  VIII. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; AND
  IX. ANY OTHER SOURCE THE COMMISSIONER DEEMS APPROPRIATE.
  (B) THE DEPARTMENT SHALL COMPILE AND ANALYZE DATA GATHERED UNDER PARA-
GRAPH (A) OF THIS SUBDIVISION AND ARTICLE TWENTY-FOUR-F OF THIS CHAPTER,
AND  CORRELATE  IT  WITH DATA AS TO PLACES OF EMPLOYMENT, AREAS OF RESI-
DENCE, SCHOOLS ATTENDED, AGES OF THOSE AFFLICTED, ENVIRONMENTAL  FACTORS
INCLUDING  PROXIMITY  TO  SOURCE OF POLLUTION AND SUCH OTHER DATA AS THE
DEPARTMENT DEEMS APPROPRIATE.
  (C) THE DEPARTMENT SHALL MAINTAIN  AND  COMPILE  REPORTED  DATA  IN  A
MANNER  SUITABLE  FOR  RESEARCH PURPOSES AND SHALL COLLECT AND MAKE SUCH
DATA AVAILABLE TO PERSONS IN THE MANNER SET FORTH IN  SUBDIVISION  THREE
OF THIS SECTION.
  3.  ANY  DATA  COLLECTED OR REPORTED SHALL NOT CONTAIN THE NAME OF ANY
PATIENT, HIS OR HER SOCIAL SECURITY NUMBER,  OR  ANY  OTHER  INFORMATION
WHICH  WOULD  PERMIT  A  PATIENT  TO BE IDENTIFIED. THE DEPARTMENT SHALL
DEVELOP A UNIQUE, CONFIDENTIAL IDENTIFIER TO BE USED IN  THE  COLLECTION
OF PATIENT INFORMATION AS REQUIRED BY THIS SECTION.
  S  2727.  ANNUAL  REPORT. ON OR BEFORE THE FIRST OF JANUARY DURING THE
TWO CALENDAR YEARS NEXT SUCCEEDING THE EFFECTIVE DATE  OF  THIS  SECTION
AND  BIENNIALLY  THEREAFTER,  THE  COMMISSIONER  SHALL  SUBMIT  A REPORT
REGARDING THE STATUS AND ACCOMPLISHMENTS  OF  THE  PROGRAM  AND  PROVIDE
RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT AND THE MINORI-

S. 1105                             4

TY  LEADER OF THE SENATE, AND THE SPEAKER AND THE MINORITY LEADER OF THE
ASSEMBLY. SUCH REPORT MAY BE SUBMITTED IN CONJUNCTION  WITH  THE  REPORT
REQUIRED BY ARTICLE TWENTY-FOUR-F OF THIS CHAPTER.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  law.  Effective immediately the commissioner of
health is authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement the  provisions  of  this
act on its effective date.

                                 PART B

  Section  1.  The  public health law is amended by adding a new article
13-I to read as follows:
                              ARTICLE 13-I
              IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
SECTION 1399-XX. IN-UTERO EXPOSURE PREVENTION.
        1399-YY. PROGRAMS.
  S 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY HEALTHCARE PROVIDER,
HEALTHCARE INSURER AND PREGNANCY PROGRAM SHALL DISTRIBUTE INFORMATION ON
THE ADVERSE EFFECTS OF SMOKING DURING PREGNANCY FOR BOTH  FIRSTHAND  AND
SECONDHAND SMOKE. SUCH ADVERSE EFFECTS TO THE INFANT INCLUDE LOWER BIRTH
RATES,  HIGHER INCIDENCE OF ASTHMA AND OBESITY, AND COGNITIVE AND DEVEL-
OPMENTAL DAMAGE.
  2. EVERY HEALTHCARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS'  SMOKING
STATUSES  AND  OFFER  CONTINUOUS TAILORED DISCUSSION OF QUITTING SMOKING
WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.
  S 1399-YY. PROGRAMS. THE FOLLOWING PROGRAMS SHALL BE ADDED TO EXISTING
TOBACCO CONTROL PROGRAMS  FOR  PREGNANT  WOMEN  OR  TO  OTHER  PREGNANCY
RELATED PROGRAMS:
  1. CARBON MONOXIDE MONITORING;
  2.  DEPRESSION,  SOCIAL  SUPPORT  AND  DOMESTIC VIOLENCE SCREENING AND
REFERRALS;
  3. REFERRALS FOR SMOKING CESSATION FOR HOUSEHOLD MEMBERS;
  4. ONGOING SUPPORT BY COUNSELING AND EDUCATIONAL MATERIALS; AND
  5. FINANCIAL INCENTIVES SUCH AS SHIPPING VOUCHER OR DIAPER COUPONS FOR
QUITTING FOR MORE THAN FOUR WEEKS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided,  that  effective  immediately  the
commissioner  of health is authorized and directed to promulgate any and
all rules and regulations, and take  any  other  measures  necessary  to
implement the provisions of this act on its effective date.

                                 PART C

  Section  1.  The  public health law is amended by adding a new article
24-F to read as follows:
                              ARTICLE 24-F
                            ASTHMA REPORTING
SECTION 2499-B. ASTHMA; DUTY TO REPORT.
        2499-C. REPORTING.
        2499-D. ASTHMA; REPORTS CONFIDENTIAL.
  S 2499-B. ASTHMA; DUTY TO REPORT. 1. EVERY PHYSICIAN AND OTHER  HEALTH
CARE  PROVIDER SHALL GIVE NOTICE TO THE DEPARTMENT WITHIN THIRTY DAYS OF
EVERY INCIDENT OF AN ASTHMA ATTACK COMING UNDER HIS OR HER CARE,  EXCEPT
AS OTHERWISE PROVIDED.

S. 1105                             5

  2.  THE PERSON IN CHARGE OF EVERY ASTHMA REPORTING FACILITY SHALL GIVE
NOTICE TO THE DEPARTMENT WITHIN THIRTY DAYS  OF  EVERY  INCIDENT  OF  AN
ASTHMA ATTACK COMING UNDER THE CARE OF SUCH FACILITY.
  3.  THE  DEPARTMENT  SHALL  ESTABLISH  REGULATIONS  DESIGNATING  WHICH
SPECIFIC INFORMATION SHALL BE REPORTED TO  THE  DEPARTMENT  PURSUANT  TO
THIS SECTION.
  4.  A  PHYSICIAN  OR HEALTH CARE PROVIDER OR ASTHMA REPORTING FACILITY
WHICH VIOLATES ANY PROVISION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY PURSUANT TO SECTION TWELVE OF THIS CHAPTER.
  5. THE NOTICES REQUIRED BY THIS SECTION SHALL BE UPON  FORMS  SUPPLIED
BY  THE  COMMISSIONER  AND  SHALL  CONTAIN  SUCH INFORMATION AS SHALL BE
REQUIRED BY THE COMMISSIONER.
  6. FOR THE PURPOSES OF THIS SECTION, AN  "ASTHMA  REPORTING  FACILITY"
MEANS  A  HOSPITAL  AS  DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER,
CLINIC, ANY ORGANIZATION CERTIFIED PURSUANT  TO  ARTICLE  FORTY-FOUR  OF
THIS CHAPTER, OR OTHER SIMILAR PUBLIC OR PRIVATE INSTITUTION.
  S 2499-C. REPORTING. 1. THE COMMISSIONER SHALL SUBMIT BIENNIAL REPORTS
TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER
OF  THE ASSEMBLY.  THE REPORTS SHALL INCLUDE AN EVALUATION OF THE ASTHMA
REGISTRY AS IT RELATES TO TIMELINESS, QUALITY AND COMPLETENESS; AN EVAL-
UATION OF THE UTILITY OF THE REGISTRY FOR SCIENTIFIC RESEARCH; AN EVALU-
ATION OF THE ACCESS, TIMELINESS AND QUALITY OF REPORTING INFORMATION  TO
RESEARCHERS  AND  OTHER SIMILAR INDIVIDUALS; AN EVALUATION OF THE REGIS-
TRY'S DATA ELEMENTS, INCLUDING TREATMENT, SEVERITY OF  DISEASE,  OCCUPA-
TION, AGE AND RESIDENCE; AN EVALUATION OF THE FEASIBILITY AND UTILITY OF
INCLUSION  OF  OCCUPATIONAL HISTORY AND RESIDENCE HISTORY; AND AN EVALU-
ATION OF INTEGRATING THE REGISTRY WITH  OTHER  DATABASES  MAINTAINED  BY
STATE  AGENCIES  AND  DEPARTMENTS,  INCLUDING THE STATEWIDE PLANNING AND
RESEARCH COOPERATIVE SYSTEM.
  2. THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
MINORITY  LEADER  OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY.
SUCH REPORT SHALL INCLUDE AN  EVALUATION  OF  WHETHER  THE  REGISTRY  IS
ACHIEVING  ASTHMA  INCIDENCE  REGISTRY GOALS ESTABLISHED BY A NATIONALLY
RECOGNIZED  ASTHMA  REGISTRY  ORGANIZATION,  INCLUDING  NUMERICAL  GOALS
CONCERNING TIMELINESS, QUALITY, AND COMPLETENESS.
  S  2499-D. ASTHMA; REPORTS CONFIDENTIAL. THE REPORTS OF ASTHMA ATTACKS
MADE PURSUANT TO THE PROVISIONS OF THIS ARTICLE SHALL NOT BE DIVULGED OR
MADE PUBLIC BY ANY PERSON SO AS TO DISCLOSE THE IDENTITY OF  ANY  PERSON
TO  WHOM THEY RELATE, EXCEPT IN SO FAR AS MAY BE AUTHORIZED IN THE SANI-
TARY CODE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the  commissioner  of
health is 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.

                                 PART D

  Section  1.  Subdivisions 2 and 4 of section 2111 of the public health
law, as added by section 21 of part C of chapter 58 of the laws of 2004,
are amended to read as follows:
  2. The department shall establish the criteria  by  which  individuals
will  be  identified  as  eligible  for  enrollment in the demonstration
programs.  Persons eligible for enrollment  in  the  disease  management

S. 1105                             6

demonstration  program  shall  be  limited  to  individuals who: receive
medical assistance pursuant to title  eleven  of  article  five  of  the
social  services  law and may be eligible for benefits pursuant to title
18 of the social security act (Medicare); are not enrolled in a Medicaid
managed  care  plan,  including  individuals who are not required or not
eligible to participate in Medicaid managed care  programs  pursuant  to
section three hundred sixty-four-j of the social services law; are diag-
nosed  with  chronic  health  problems as may be specified by the entity
undertaking the demonstration program, including, but not limited to one
or more of the following: congestive heart failure, chronic  obstructive
pulmonary  disease, asthma, EMPHYSEMA, CHRONIC BRONCHITIS, OTHER RESPIR-
ATORY DISEASES, diabetes or other chronic health conditions  as  may  be
specified  by the department; or have experienced or are likely to expe-
rience one or more hospitalizations or are otherwise expected  to  incur
excessive costs and high utilization of health care services.
  4.  The  demonstration program shall offer evidence-based services and
interventions designed to ensure that the enrollees receive high  quali-
ty, preventative and cost-effective care, aimed at reducing the necessi-
ty  for hospitalization or emergency room care or at reducing lengths of
stay when hospitalization is necessary. The  demonstration  program  may
include  screening  of  eligible enrollees, developing an individualized
care management plan for  each  enrollee  and  implementing  that  plan.
Disease management demonstration programs that utilize information tech-
nology  systems  that allow for continuous application of evidence-based
guidelines to medical assistance claims data and other available data to
identify specific instances in which clinical interventions  are  justi-
fied  and communicate indicated interventions to physicians, health care
providers and/or patients, and monitor physician and health care provid-
er response to such interventions, shall have the enrollees,  or  groups
of enrollees, approved by the department for participation. The services
provided  by  the  demonstration  program as part of the care management
plan may include, but are not limited to, case management, social  work,
individualized  health  counselors, multi-behavioral goals plans, claims
data management, health and self-care education, drug therapy management
and oversight, personal emergency response systems and other  monitoring
technologies,  SYSTEMATIC CHRONIC HEALTH CONDITIONS IDENTIFIED FOR MONI-
TORING, telehealth services and similar services designed to improve the
quality and cost-effectiveness of health care services.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1.  Subdivision 1 of section 2599-b of the public health  law,
as amended by section 88 of part B of chapter 58 of the laws of 2005, is
amended to read as follows:
  1.  The  program shall be designed to prevent and reduce the incidence
and prevalence of obesity in children and adolescents, especially  among
populations  with  high  rates  of  obesity  and  obesity-related health
complications including, but not limited to,  diabetes,  heart  disease,
cancer,  osteoarthritis,  asthma,  EMPHYSEMA,  CHRONIC BRONCHITIS, OTHER
CHRONIC RESPIRATORY DISEASES and other conditions. The program shall use
recommendations and goals of the United States departments  of  agricul-
ture  and health and human services, the surgeon general and centers for
disease control in developing and implementing guidelines for  nutrition
education  and  physical activity projects as part of obesity prevention
efforts. The content and implementation of the program shall stress  the

S. 1105                             7

benefits  of  choosing  a balanced, healthful diet from the many options
available to consumers, without specifically targeting  the  elimination
of any particular food group, food product or food-related industry.
  S  2. Paragraphs (f) and (g) of subdivision 2 of section 2599-b of the
public health law, as amended by section 88 of part B of chapter  58  of
the  laws  of 2005, are amended and a new paragraph (h) is added to read
as follows:
  (f) developing training programs for medical and other health  profes-
sionals to teach practical skills in nutrition and exercise education to
children and their parents and caregivers; [and]
  (g)  developing  screening  programs  in coordination with health care
providers and institutions including but not limited to day care centers
and schools for overweight and obesity for  children  aged  two  through
eighteen  years,  using  body  mass  index (BMI) appropriate for age and
gender, and notification, in a manner protecting the confidentiality  of
such children and their families, of parents of BMI status, and explana-
tion  of  the consequences of such status, including recommended actions
parents may need to take and information about resources  and  referrals
available  to  families  to  enhance  nutrition and physical activity to
reduce and prevent obesity[.]; AND
  (H) COORDINATING WITH THE EDUCATION DEPARTMENT,  OFFICE  OF  TEMPORARY
AND  DISABILITY  ASSISTANCE,  OFFICE OF CHILDREN AND FAMILY SERVICES AND
OTHER FEDERAL, STATE AND LOCAL AGENCIES  TO  INCORPORATE  STRATEGIES  TO
CURTAIL THE INCIDENCE OF ASTHMA, EMPHYSEMA, CHRONIC BRONCHITIS AND OTHER
CHRONIC  RESPIRATORY  DISEASES  TO  ENABLE ADULTS AND CHILDREN TO SAFELY
INCREASE PHYSICAL ACTIVITY TO HELP CURB THE INCIDENCE OF OBESITY.
  S 3. This act shall take effect immediately.

                                 PART F

  Section 1. Legislative intent.  The legislature recognizes that  expo-
sure  to  second-hand smoke is known to cause cancer, pneumonia, asthma,
bronchitis and heart disease in humans, and to trigger  asthma  attacks.
The  legislature  finds  that prohibiting smoking within a presumptively
reasonable minimum distance of fifteen feet  from  entrances  and  exits
that serve enclosed areas where smoking is prohibited is consistent with
such prohibition.  This legislation will apply to any individual occupy-
ing  such  area with the purpose of smoking, but provides exceptions for
individuals passing through such area. Therefore, the legislature  finds
that smoking in such area shall be prohibited and owners and other indi-
viduals in control of such area are recommended to post signs indicating
no smoking areas and providing for fines for violations.
  S  2.  Section  1399-o-1 of the public health law, as added by chapter
102 of the laws of 2013, is amended to read as follows:
  S 1399-o-1. Smoking restrictions; certain outdoor areas. 1.  A.  Smok-
ing  shall  not  be permitted and no person shall smoke during the hours
between sunrise and sunset, when one or more persons under  the  age  of
twelve are present at any playground. For the purposes of this [section]
SUBDIVISION,  the  term  "playground"  means  an improved area designed,
equipped, and set aside for play of six or more children  which  is  not
intended  for  use  as  an athletic playing field or athletic court, and
shall include any play equipment, surfacing,  fencing,  signs,  internal
pathways, internal land forms, vegetation, and related structures. Play-
grounds  or playground equipment constructed upon one, two and three-fa-
mily residential real property are exempt from the requirements of  this

S. 1105                             8

[section]  SUBDIVISION.    This [section] SUBDIVISION shall not apply to
any playground located within the city of New York.
  [2.]  B.  No  police officer, peace officer, regulatory officer or law
enforcement official may arrest, ticket, stop  or  question  any  person
based  solely  or in part on an alleged violation of PARAGRAPH A OF THIS
subdivision [one of this section], nor may an alleged violation of PARA-
GRAPH A OF THIS subdivision [one of this section] support probable cause
to conduct any search or limited search of any  person  or  his  or  her
immediate surroundings.
  2.  A. SMOKING IS PROHIBITED WITHIN A PRESUMPTIVELY REASONABLE MINIMUM
DISTANCE OF FIFTEEN FEET FROM ENTRANCES OR EXITS OF PUBLIC BUILDINGS  OR
PRIVATE BUILDINGS THAT CONTAIN STATE OR MUNICIPAL OFFICES OR EDUCATIONAL
FACILITIES  FOR  ELEMENTARY OR SECONDARY SCHOOL STUDENTS.  SUCH DISTANCE
SHALL BECOME A DESIGNATED NO SMOKING ZONE.
  B. LOCAL HEALTH DEPARTMENTS ARE AUTHORIZED TO ADOPT REGULATIONS AS ARE
REQUIRED TO IMPLEMENT THIS SUBDIVISION. ANY PENALTY ASSESSED AND  RECOV-
ERED  IN  AN  ACTION BROUGHT UNDER THIS SUBDIVISION SHALL BE PAID TO AND
USED BY THE MUNICIPALITY BRINGING THE ACTION.
  C. THIS SUBDIVISION SHALL NOT APPLY TO INDIVIDUALS WALKING THROUGH THE
DESIGNATED NO SMOKING ZONE OF SUCH AREA FOR THE PURPOSE  OF  GETTING  TO
ANOTHER  DESTINATION,  BUT SHALL ONLY APPLY TO INDIVIDUALS OCCUPYING THE
DESIGNATED NO SMOKING ZONE FOR THE PURPOSE OF SMOKING.
  D. ANY PERSON VIOLATING THE PROVISIONS OF THIS  SUBDIVISION  SHALL  BE
GUILTY OF A VIOLATION, AND IS SUBJECT TO A FINE OF THIRTY-FIVE DOLLARS.
  E.  THE COMMISSIONER MAY RECOMMEND DESIGNS FOR SIGNS WHICH MAY BE USED
BY THE OWNERS, OPERATORS, MANAGERS, EMPLOYERS OR OTHER PERSONS, AT THEIR
OPTION, WHO CONTROL  AREAS  WHERE  SMOKING  IS  PROHIBITED  PURSUANT  TO
SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE. SUCH SIGNS SHALL
INCLUDE  THE WARNING THAT "SMOKING IN THIS AREA IS PUNISHABLE BY LAW AND
ALL VIOLATORS SHALL BE SUBJECT TO A FINE OF THIRTY-FIVE DOLLARS."
  F. NOTHING CONTAINED IN THIS SUBDIVISION IS INTENDED TO REGULATE SMOK-
ING IN A PRIVATE RESIDENCE OR IN THE GENERAL PUBLIC OUTDOORS,  EXCEPTING
PLACES IN WHICH SMOKING IS PROHIBITED THROUGH THE LOCAL FIRE DEPARTMENT,
OR BY OTHER LAW, ORDINANCE OR REGULATION.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

                                 PART G

  Section 1. The education law is amended by adding a new section 3001-e
to read as follows:
  S 3001-E. ASTHMA EMERGENCIES; TRAINING IN IDENTIFICATION AND RESPONSE.
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL
ESTABLISH  STANDARDS  FOR THE TRAINING OF TEACHERS AND OTHER APPROPRIATE
PERSONNEL IN IDENTIFYING AND RESPONDING TO ASTHMA EMERGENCIES IN  PUPILS
AND  OTHER PERSONS. SUCH STANDARDS SHALL SPECIFY MINIMUM LEVELS OF KNOW-
LEDGE AND PROCEDURES TO BE FOLLOWED. SUCH STANDARDS SHALL PERMIT  TRAIN-
ING TO BE GIVEN BY PERSONS OR ORGANIZATIONS DEEMED QUALIFIED TO DO SO BY
THE COMMISSIONER.
  S  2. This act shall take effect one year after it shall have become a
law.

                                 PART H

  Section 1. The real property law is amended by adding  a  new  section
235-h to read as follows:

S. 1105                             9

  S  235-H.  RESIDENTIAL  RENTAL PROPERTY SMOKING POLICIES. EVERY RENTAL
AGREEMENT FOR A DWELLING UNIT, IN A MULTIPLE DWELLING BUILDING WITH FOUR
OR MORE UNITS, SHALL INCLUDE A DISCLOSURE OF THE SMOKING POLICY FOR  THE
PREMISES  ON  WHICH  THE  DWELLING  UNIT IS LOCATED. THE DISCLOSURE MUST
STATE  WHETHER  SMOKING  IS  PROHIBITED  ON THE PREMISES, ALLOWED ON THE
ENTIRE PREMISES OR ALLOWED IN LIMITED AREAS  ON  THE  PREMISES.  IF  THE
SMOKING  POLICY  ALLOWS  SMOKING  IN  LIMITED AREAS ON THE PREMISES, THE
DISCLOSURE MUST IDENTIFY THE AREAS ON  THE  PREMISES  WHERE  SMOKING  IS
ALLOWED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

                                 PART I

  Section 1. The education law is amended by adding a new section 1527-a
to read as follows:
  S 1527-A. IDLING MOTOR VEHICLES ON SCHOOL GROUNDS.  1.  ON  OR  BEFORE
SEPTEMBER  FIRST, TWO THOUSAND SEVENTEEN AND CONSISTENT WITH THE COMMIS-
SIONER'S REGULATIONS, ADOPTED PURSUANT  TO  SECTION  THIRTY-SIX  HUNDRED
THIRTY-SEVEN  OF  THIS CHAPTER, THE BOARD OF EDUCATION OR BOARD OF TRUS-
TEES OF EVERY SCHOOL DISTRICT AND THE GOVERNING BODY  OF  EVERY  PRIVATE
ELEMENTARY  OR SECONDARY SCHOOL IN THE STATE SHALL PROMULGATE AND IMPLE-
MENT RULES PROHIBITING THE ENGINE OF ANY MOTOR VEHICLE,  AS  DEFINED  IN
SECTION  ONE  HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE AND TRAFFIC LAW, TO
REMAIN IDLING FOR MORE THAN ONE MINUTE WHILE SUCH VEHICLE IS  PARKED  OR
STANDING  ON  SCHOOL GROUNDS, ADJACENT TO SCHOOL GROUNDS, OR IN FRONT OF
ANY SCHOOL WHILE LOADING OR OFF LOADING PASSENGERS.
  2. EACH SCHOOL DISTRICT AND PRIVATE ELEMENTARY  AND  SECONDARY  SCHOOL
SHALL  CONSPICUOUSLY  POST  SIGNS  UPON, ADJACENT AND IN FRONT OF SCHOOL
GROUNDS ADVISING OPERATORS OF MOTOR VEHICLES OF THE  PROVISIONS  OF  THE
RULES ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  S 2. This act shall take effect immediately.

                                 PART J

  Section  1.   The education law is amended by adding a new section 922
to read as follows:
  S 922. USE OF NEBULIZER. 1. EVERY SCHOOL DISTRICT AND BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES IN THIS STATE MAY MAINTAIN ONE OR MORE  NEBU-
LIZERS  IN  THE  OFFICE  OF  THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE
LOCATION.
  2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,
MAY  PROMULGATE  REGULATIONS FOR THE ADMINISTRATION OF ASTHMA MEDICATION
THROUGH THE USE OF A NEBULIZER BY THE SCHOOL NURSE OR PERSON  AUTHORIZED
BY REGULATION. THE REGULATIONS MAY INCLUDE:
  A.  A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED
TO ADMINISTER ASTHMA MEDICATION IN SCHOOLS RECEIVE  TRAINING  IN  AIRWAY
MANAGEMENT  AND  IN  THE  USE OF NEBULIZERS AND INHALERS CONSISTENT WITH
NATIONALLY RECOGNIZED STANDARDS; AND
  B. A REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE  ASTHMA  MEDICATION
PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION NINE HUNDRED SIXTEEN OF THIS
ARTICLE OR A NEBULIZER HAVE AN ASTHMA TREATMENT  PLAN  PREPARED  BY  THE
PHYSICIAN  OF  THE PUPIL, WHICH IDENTIFY, AT A MINIMUM, ASTHMA TRIGGERS,
THE TREATMENT PLAN, AND SUCH OTHER ELEMENTS AS SHALL  BE  DETERMINED  BY
THE REGENTS.

S. 1105                            10

  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly  the  commissioner of education is authorized to promulgate rules and
regulations for the implementation of this act on such effective date.

                                 PART K

  Section  1.  Subdivision  7  of  section  33-0303 of the environmental
conservation law, as added by chapter 85 of the laws of 2010, is amended
to read as follows:
  7. The commissioner, in consultation with the commissioner  of  educa-
tion  and  the  commissioner of health, shall develop guidance AND REGU-
LATIONS on pesticide alternatives to facilitate compliance with  section
four  hundred  nine-k of the education law and three hundred ninety-g of
the social services law. PROVIDED, FURTHER, THAT SUCH PESTICIDE ALTERNA-
TIVES SHALL HELP TO MINIMIZE THE INCIDENCE OF ASTHMA ATTACKS  IN  PUBLIC
AND  PRIVATE  BUILDINGS AND RESIDENCES, WHILE STILL EFFECTIVELY CONTROL-
LING THE TARGETED PEST OR ORGANISM.  SUCH REGULATIONS SHALL PROVIDE  FOR
THE  USE  OF  THE LEAST TOXIC PESTICIDE OR PESTICIDES, WHICH EFFECTIVELY
ERADICATES THE TARGETED PEST OR ORGANISM.
  S 2. This act shall take effect immediately.

                                 PART L

  Section 1.   The public buildings law  is  amended  by  adding  a  new
section 143 to read as follows:
  S 143. CURTAIL USE OF CHEMICALS THAT INDUCE OR TRIGGER ASTHMA ATTACKS.
1.    NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
SUPERINTENDENT OF EVERY STATE PUBLIC BUILDING, AND OF EVERY  TRANSPORTA-
TION FACILITY OPERATED BY A PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION
OR  MUNICIPALITY SHALL TO THE BEST OF HIS OR HER ABILITY CURTAIL THE USE
OF CLEANING MATERIALS OR CHEMICALS, EXPOSURE TO WHICH MAY  CAUSE  EITHER
THE  BUILDING CLEANING STAFF OR OTHER PERSONS WHO ENTER SUCH BUILDING TO
DEVELOP THE DISEASE OF ASTHMA, OR WHICH MAY  EXACERBATE  OR  TRIGGER  AN
ASTHMA ATTACK.
  2.  A  DETERMINATION OF WHICH OR THE QUANTITY OR CONCENTRATION OF SUCH
CLEANING MATERIALS OR CHEMICALS EXPOSURE TO WHICH MAY CAUSE  PERSONS  TO
DEVELOP  THE  DISEASE  OF  ASTHMA, OR WHICH MAY EXACERBATE OR TRIGGER AN
ASTHMA ATTACK, SHALL BE MADE BY THE COMMISSIONER  OF  HEALTH  WHO  SHALL
PROMULGATE A LIST OF SUCH CLEANING MATERIALS OR CHEMICALS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
  S  3.  Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through L of this act shall  be
as specifically set forth in the last section of such Parts.