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

                                   280

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. ROZIC, ROBERTS -- read once and referred to the
  Committee on Health

AN ACT to amend the workers' compensation law and the public health law,
  in relation to occupational  injury  and  disease  prevention  centers
  located  at  the city university of New York Center for the Biology of
  Natural Systems and the occupational  health  center  at  the  Upstate
  Medical University of the state university of New York

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

  Section 1. Subdivision 3 of section 151 of the  workers'  compensation
law,  as  added  by  section  22 of part GG of chapter 57 of the laws of
2013, is amended to read as follows:
  3. The chair and department of audit and control annually as  soon  as
practicable  after  the  first of April of each year shall ascertain the
actual total amount of expenses, including in  addition  to  the  direct
costs  of  personal  service, the cost of maintenance and operation, the
cost of retirement contributions made and workers' compensation premiums
paid by the state for or on account  of  personnel,  rentals  for  space
occupied  in  state owned or state leased buildings, such additional sum
as may be certified to the chair and the department of audit and control
as a reasonable compensation for services rendered by the department  of
law  and  expenses  incurred  by  such department, for transfer into the
training and educational program on occupational safety and health  fund
created  pursuant  to  chapter  eight  hundred eighty-six of the laws of
nineteen hundred eighty-five and section  ninety-seven-c  of  the  state
finance law, for the New York state occupational health clinics network,
for  the department of labor occupational safety and health program, THE
OCCUPATIONAL ILLNESS AND INJURY PREVENTION CENTERS PURSUANT TO TITLE SIX
OF ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW and for transfer  into
the  uninsured  employers'  fund  pursuant to subdivision two of section

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

                                                           LBD01787-01-5

A. 280                              2

twenty-six-a of this chapter, and all other direct  or  indirect  costs,
incurred  by  the  board  in  connection with the administration of this
chapter, except those expenses for which an assessment is authorized for
self-insurance  pursuant  to  subdivision  five of section fifty of this
chapter. Assessments pursuant to subparagraph four of paragraph  (h)  of
subdivision  eight  of  section  fifteen of this chapter for the special
disability fund, pursuant to section fifty-c of  this  chapter  for  the
self insurer offset fund, pursuant to subdivision three of section twen-
ty-five-a  of this chapter for the fund for reopened cases, and pursuant
to section two hundred fourteen of this chapter for the special fund for
disability benefits shall be included in the total  amount  of  expenses
for  the purposes of this subdivision. Any overpayment of annual assess-
ments resulting from the  requirements  of  this  subdivision  shall  be
applied as a credit against the future assessment rate provided the fund
balance  shall  not  be  reduced  below  ten percent of the total amount
assessed.  FOR THE NEW YORK STATE OCCUPATIONAL HEALTH  CLINICS  NETWORK,
THE  DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH PROGRAM, AND THE
OCCUPATIONAL ILLNESS AND INJURY PREVENTION CENTERS PURSUANT TO TITLE SIX
OF ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW THE STATE SHALL APPRO-
PRIATED FUNDS ANNUALLY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATE
AND MADE AVAILABLE IN THE PREVIOUS STATE FISCAL YEAR; PROVIDED, HOWEVER,
THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES  SUCH
EMERGENCY  TO  THE  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY, STATE SUPPORT FOR THESE PROGRAMS MAY BE REDUCED  IN  A  MANNER
PROPORTIONATE  TO  ONE  ANOTHER,  AND  THE  AFOREMENTIONED APPROPRIATION
PROVISIONS SHALL NOT APPLY.
  S 2. Article 29-D of the public health law is amended by adding a  new
title 6 to read as follows:

                                TITLE VI
           OCCUPATIONAL INJURY AND DISEASE PREVENTION CENTERS.
SECTION 2999-M-1. OCCUPATIONAL INJURY AND DISEASE PREVENTION CENTER.
        2999-M-2. INFORMATION ANALYSIS AND DISSEMINATION.
        2999-M-3. IMMIGRANT AND VULNERABLE WORK FORCE.

  S  2999-M-1.  OCCUPATIONAL  INJURY  AND  DISEASE PREVENTION CENTER. 1.
THERE IS HEREBY ESTABLISHED, CONTINGENT UPON AN  APPROPRIATION  FOR  THE
STATE  FISCAL  YEAR  TWO  THOUSAND  SIXTEEN--TWO THOUSAND SEVENTEEN, THE
OCCUPATIONAL INJURY AND DISEASE PREVENTION CENTER WHICH SHALL  MEAN  THE
CITY  UNIVERSITY  OF  NEW YORK CENTER FOR THE BIOLOGY OF NATURAL SYSTEMS
AND THE OCCUPATIONAL HEALTH CENTER AT THE UPSTATE MEDICAL UNIVERSITY  OF
THE  STATE UNIVERSITY OF NEW YORK AND WHICH SHALL BE REFERRED TO IN THIS
TITLE AS THE "PREVENTION CENTERS".
  2. THE PURPOSE OF THE PREVENTION CENTERS  SHALL  BE  TO  IDENTIFY  AND
IMPLEMENT STRATEGIES THROUGHOUT NEW YORK STATE TO ENSURE THAT WORKERS AT
HIGH  RISK  OF  LUNG  CANCER  DUE TO PAST EXPOSURES TO ASBESTOS, SILICA,
DIESEL EXHAUST, BERYLLIUM AND OTHER LUNG CARCINOGENS  SHALL  BE  IDENTI-
FIED, LOCATED, AND NOTIFIED.
  3.  IN  VIEW  OF  THE PREVENTION SERVICES REQUIRED OF HEALTH INSURANCE
PLANS UNDER THE FEDERAL AFFORDABLE CARE AND PATIENT  PROTECTION  ACT  OF
2010,  THE  PREVENTION  CENTERS  SHALL  IDENTIFY,  PROMOTE, AND ORGANIZE
OPPORTUNITIES FOR INTEGRATION OF THE  EARLY  DETECTION  OF  OCCUPATIONAL
ILLNESSES  AND  INJURIES  INTO  THE  MANDATED  PREVENTIVE  SERVICES. THE
PREVENTION CENTERS ALSO SHALL IDENTIFY, LOCATE, AND  NOTIFY  WORKERS  AT
HIGH  RISK  OF  LUNG  CANCER  DUE TO PAST EXPOSURES TO ASBESTOS, SILICA,
DIESEL EXHAUST, BERYLLIUM AND OTHER LUNG CARCINOGENS AND  SHALL  COORDI-

A. 280                              3

NATE  AND FACILITATE FOR SUCH WORKERS PARTICIPATION IN LOW DOSE CT SCAN-
NING PROGRAMS FOR LUNG CANCER PREVENTION THROUGH EXISTING  HIGH  QUALITY
HEALTH CARE FACILITIES IN NEW YORK STATE.
  4.  THE  PREVENTION  CENTERS  SHALL  COORDINATE  TO THE MAXIMUM EXTENT
POSSIBLE WITH THE OCCUPATIONAL SAFETY AND HEALTH CLINIC NETWORK REFERRED
TO IN SECTION TWO THOUSAND FOUR  HUNDRED  NINETY  OF  THIS  CHAPTER  AND
SECTION  ONE  HUNDRED  FIFTY-ONE  OF THE WORKERS' COMPENSATION LAW. SUCH
COORDINATION SHALL INCLUDE SHARING  INFORMATION  ABOUT  PREVENTION-BASED
SCREENING, ANALYSES OF AGGREGATE DATA ON OCCUPATIONAL INJURY AND ILLNESS
IN NEW YORK STATE, AND RESEARCH ON THE PREVENTION, DIAGNOSIS, AND TREAT-
MENT OF OCCUPATIONAL ILLNESSES AND INJURIES.
  S  2999-M-2.  INFORMATION  ANALYSIS  AND DISSEMINATION. THE PREVENTION
CENTERS SHALL COMPILE AND DESCRIBE ALL AVAILABLE OCCUPATIONAL HEALTH AND
HAZARD DATA SOURCES RELEVANT TO NEW YORK STATE AND  IDENTIFY  STRENGTHS,
GAPS,  AND  AREAS  OF  OVERLAP AMONG THESE DATA SOURCES. THE INFORMATION
COMPILED SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROFILE OF INJURIES AND
ILLNESSES AMONG PUBLIC EMPLOYEES AND AMONG CONSTRUCTION WORKERS BY EXAM-
INING DATA FROM WORKERS' COMPENSATION  AND  THE  REPORTABLE  INJURY  AND
ILLNESS  LOGS,  AMONG OTHER SOURCES. THESE ANALYSES SHALL FORM THE BASIS
FOR DEVELOPING PREVENTION PROJECTS TO REDUCE INJURY AND ILLNESSES.
  S 2999-M-3.  IMMIGRANT  AND  VULNERABLE  WORK  FORCE.  THE  PREVENTION
CENTERS  SHALL  EVALUATE  EXTANT OCCUPATIONAL HEALTH AND HAZARDS OF, AND
DEVELOP ASSOCIATED INTERVENTION ACTIVITIES RELATING TO,  THE  PREVENTION
OF OCCUPATIONAL INJURIES AND ILLNESSES AMONG IMMIGRANT WORKERS AND OTHER
WORKERS  WHO  ARE  ENGAGED  IN  TEMPORARY OR CONTINGENT WORK IN NEW YORK
STATE.
  S 3. Section 2490 of the public health law, as amended by chapter  139
of the laws of 2008, is amended to read as follows:
  S  2490. Oversight committee. 1. There is hereby established the occu-
pational health clinics AND PREVENTION CENTERS oversight committee to be
comprised of the following persons or their designees: the  commissioner
of  health;  the  commissioner of labor; the chairperson of the workers'
compensation board; six persons appointed by the governor, one  of  whom
shall  be  on  nomination  of  the New York state American federation of
labor-congress of industrial organizations, and one of whom shall be  on
the  nomination  of  the  business council of the state of New York; two
persons appointed by the temporary president of the senate; two  persons
appointed  by  the  speaker of the assembly; one person appointed by the
minority leader of the senate and one person appointed by  the  minority
leader  of the assembly. The governor shall designate a chairperson from
among the members of the committee. The initial  appointments  shall  be
made on or before September first, two thousand eight.
  2.  The committee shall meet at least four times a year. Special meet-
ings may be called by the chairperson.
  3. Members of the oversight committee shall  receive  no  compensation
for  their  services,  but  shall  be allowed their actual and necessary
expenses incurred in the performance of their duties hereunder.
  4. Vacancies shall be filled  in  the  same  manner  as  the  original
appointments.
  5.  The  committee  shall make recommendations to the governor and the
legislature on or  before  [September  thirtieth,  two  thousand  nine,]
DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN regarding:
  (a) statewide needs to be met by the [network] PREVENTION CENTERS;
  (b)  coordination  of  clinic  AND  PREVENTION CENTERS activities with
not-for-profit, private sector concerns and  state  agencies,  including

A. 280                              4

but not limited to an evaluation of current jurisdictional and oversight
responsibilities;
  (c) coordination and sharing of clinic resources and services;
  (d) dissemination of research results and educational information;
  (e)  identification  of funding sources for the PREVENTION CENTERS AND
network;
  (f) the activities of the clinics AND  PREVENTION  CENTERS  and  their
effectiveness  in  meeting the objectives as set forth in statute and in
clinic specific contracts with the state;
  (g) local, regional, occupation or business sector specific needs that
may be met by one or more clinic OR PREVENTION CENTER;
  (h) other issues as determined by the oversight committee; and
  (i) incorporation of provisions to implement  its  recommendations  in
requests for applications of state funding for occupational health clin-
ics AND PREVENTION CENTERS.
  S  4. Section 2490-a of the public health law, as added by chapter 139
of the laws of 2008, is amended to read as follows:
  S 2490-a. Occupational health clinic CENTERS  AND  PREVENTION  CENTERS
advisory  committees. The chief executive officer of every clinic in the
occupational health clinic network AND PREVENTION CENTERS shall  convene
an  advisory  committee  consisting of two local representatives each of
business, labor unions, public  health  agencies  and  community  groups
which  shall  be  selected  in consultation with the occupational health
clinics oversight committee. The oversight committee will assist in  the
development  of  policies, the creation and implementation of a targeted
outreach plan for working with business, unions and workers, an  assess-
ment of clinic-specific funding needs and potential funding sources, and
overall guidance for the clinics on an ongoing basis.
  S  5.  This act shall take effect thirty days following a first appro-
priation for the prevention centers for a state fiscal year.

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

                                 280--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ROZIC, ROBERTS, LUPARDO -- read once and referred
  to  the  Committee  on  Health  -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the workers' compensation law and the public health law,
  in relation to occupational safety and health and  disease  prevention
  centers  located  at  the  city  university of New York Barry Commoner
  Center for Health and Environment and the occupational health clinical
  center at the Upstate Medical University of the  state  university  of
  New York

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

  Section 1. Subdivision 3 of section 151 of the  workers'  compensation
law,  as  added  by  section  22 of part GG of chapter 57 of the laws of
2013, is amended to read as follows:
  3. The chair and department of audit and control annually as  soon  as
practicable  after  the  first of April of each year shall ascertain the
actual total amount of expenses, including in  addition  to  the  direct
costs  of  personal  service, the cost of maintenance and operation, the
cost of retirement contributions made and workers' compensation premiums
paid by the state for or on account  of  personnel,  rentals  for  space
occupied  in  state owned or state leased buildings, such additional sum
as may be certified to the chair and the department of audit and control
as a reasonable compensation for services rendered by the department  of
law  and  expenses  incurred  by  such department, for transfer into the
training and educational program on occupational safety and health  fund
created  pursuant  to  chapter  eight  hundred eighty-six of the laws of
nineteen hundred eighty-five and section  ninety-seven-c  of  the  state
finance law, for the New York state occupational health clinics network,
for  the department of labor occupational safety and health program, THE
OCCUPATIONAL SAFETY AND HEALTH AND DISEASE PREVENTION  CENTERS  PURSUANT

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

                                                           LBD01787-04-5

A. 280--A                           2

TO  TITLE  SIX OF ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW and for
transfer into the uninsured employers' fund pursuant to subdivision  two
of  section  twenty-six-a of this chapter, and all other direct or indi-
rect  costs, incurred by the board in connection with the administration
of this chapter, except  those  expenses  for  which  an  assessment  is
authorized  for  self-insurance  pursuant to subdivision five of section
fifty of this chapter. Assessments  pursuant  to  subparagraph  four  of
paragraph  (h)  of  subdivision eight of section fifteen of this chapter
for the special disability fund, pursuant to  section  fifty-c  of  this
chapter  for the self insurer offset fund, pursuant to subdivision three
of section twenty-five-a of this  chapter  for  the  fund  for  reopened
cases,  and pursuant to section two hundred fourteen of this chapter for
the special fund for disability benefits shall be included in the  total
amount of expenses for the purposes of this subdivision. Any overpayment
of  annual  assessments resulting from the requirements of this subdivi-
sion shall be applied as a credit against  the  future  assessment  rate
provided  the fund balance shall not be reduced below ten percent of the
total amount assessed.  FOR THE NEW YORK STATE OCCUPATIONAL HEALTH CLIN-
ICS NETWORK, THE DEPARTMENT OF  LABOR  OCCUPATIONAL  SAFETY  AND  HEALTH
PROGRAM,  AND  THE OCCUPATIONAL SAFETY AND HEALTH AND DISEASE PREVENTION
CENTERS PURSUANT TO TITLE SIX OF ARTICLE  TWENTY-NINE-D  OF  THE  PUBLIC
HEALTH  LAW, THE STATE SHALL APPROPRIATE FUNDS ANNUALLY IN AN AMOUNT NOT
LESS THAN THE AMOUNT APPROPRIATED AND MADE  AVAILABLE  IN  THE  PREVIOUS
STATE  FISCAL  YEAR;  PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A
FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRES-
IDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR THESE
PROGRAMS MAY BE REDUCED IN A MANNER PROPORTIONATE TO  ONE  ANOTHER,  AND
THE AFOREMENTIONED APPROPRIATION PROVISIONS SHALL NOT APPLY.
  S  2. Article 29-D of the public health law is amended by adding a new
title 6 to read as follows:

                                TITLE VI
      OCCUPATIONAL SAFETY AND HEALTH AND DISEASE PREVENTION CENTERS
SECTION 2999-M-1. OCCUPATIONAL SAFETY AND HEALTH AND DISEASE  PREVENTION
                    CENTERS.
        2999-M-2. PURPOSE OF CENTERS.
        2999-M-3. SCREENING FOR OCCUPATIONAL ILLNESSES AND INJURIES.
        2999-M-4. INFORMATION ANALYSIS AND DISSEMINATION.
        2999-M-5. IMMIGRANT AND VULNERABLE WORK FORCE.
  S  2999-M-1.  OCCUPATIONAL  SAFETY  AND  HEALTH AND DISEASE PREVENTION
CENTERS.  THERE IS HEREBY ESTABLISHED CONTINGENT ON AN APPROPRIATION FOR
THE STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN OCCUPA-
TIONAL HEALTH PREVENTION CENTERS AS REFERRED TO IN THIS  TITLE  AS  "THE
PREVENTION CENTERS".
  S  2999-M-2. PURPOSE OF CENTERS. THE PURPOSE OF THE PREVENTION CENTERS
IS TO IDENTIFY, PROMOTE AND IMPLEMENT  STRATEGIES  THROUGHOUT  NEW  YORK
STATE  TO  PREVENT OCCUPATIONAL ILLNESSES AND INJURIES AND THEIR RELATED
MORTALITY AND DISABILITY.
  S 2999-M-3. SCREENING FOR OCCUPATIONAL ILLNESSES AND  INJURIES.    THE
PREVENTION  CENTERS WILL IDENTIFY WORKPLACE LUNG CARCINOGENS, LOCATE AND
NOTIFY WORKERS AT HIGH RISK OF LUNG CANCER  DUE  TO  PAST  EXPOSURES  TO
ASBESTOS,  SILICA, DIESEL EXHAUST, BERYLLIUM AND OTHER OCCUPATIONAL LUNG
CARCINOGENS, AND PROMOTE LUNG CANCER  SCREENING  THROUGH  EXISTING  HIGH
QUALITY HEALTH CARE FACILITIES IN NEW YORK STATE.
  S  2999-M-4.  INFORMATION  ANALYSIS  AND DISSEMINATION. THE PREVENTION
CENTERS WILL COMPILE AND DESCRIBE ALL AVAILABLE OCCUPATIONAL HEALTH  AND

A. 280--A                           3

HAZARD  DATA  SOURCES RELEVANT TO NEW YORK STATE AND IDENTIFY STRENGTHS,
GAPS, AND AREAS OF OVERLAP AMONG THESE DATA SOURCES. THESE ANALYSES WILL
FORM THE BASIS FOR DEVELOPING PREVENTION PROJECTS TO REDUCE  INJURY  AND
ILLNESSES.
  S  2999-M-5.  IMMIGRANT  AND  VULNERABLE  WORK  FORCE.  THE PREVENTION
CENTERS WILL EVALUATE EXTANT OCCUPATIONAL HEALTH  AND  HAZARDS  OF,  AND
DEVELOP  ASSOCIATED  INTERVENTION ACTIVITIES RELATING TO, THE PREVENTION
OF OCCUPATIONAL INJURIES AND ILLNESSES AMONG IMMIGRANT WORKERS AND OTHER
WORKERS WHO ARE ENGAGED IN TEMPORARY OR  CONTINGENT  WORK  IN  NEW  YORK
STATE.
  S  3. Section 2490 of the public health law, as amended by chapter 139
of the laws of 2008, is amended to read as follows:
  S 2490. Oversight committee. 1. There is hereby established the  occu-
pational health clinics AND PREVENTION CENTERS oversight committee to be
comprised  of the following persons or their designees: the commissioner
of health; the commissioner of labor; the chairperson  of  the  workers'
compensation  board;  six persons appointed by the governor, one of whom
shall be on nomination of the New  York  state  American  federation  of
labor-congress  of industrial organizations, and one of whom shall be on
the nomination of the business council of the state  of  New  York;  two
persons  appointed by the temporary president of the senate; two persons
appointed by the speaker of the assembly; one person  appointed  by  the
minority  leader  of the senate and one person appointed by the minority
leader of the assembly. The governor shall designate a chairperson  from
among  the  members  of the committee. The initial appointments shall be
made on or before September first, two thousand eight.
  2. The committee shall meet at least four times a year. Special  meet-
ings may be called by the chairperson.
  3.  Members  of  the oversight committee shall receive no compensation
for their services, but shall be  allowed  their  actual  and  necessary
expenses incurred in the performance of their duties hereunder.
  4.  Vacancies  shall  be  filled  in  the  same manner as the original
appointments.
  5. The committee shall make recommendations to the  governor  and  the
legislature  on  or  before  [September  thirtieth,  two thousand nine,]
DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN regarding:
  (a) statewide needs to be met by the [network] PREVENTION CENTERS;
  (b) coordination of clinic AND PREVENTION CENTER activities with  not-
for-profit,  private  sector  concerns and state agencies, including but
not limited to an evaluation of  current  jurisdictional  and  oversight
responsibilities;
  (c) coordination and sharing of clinic resources and services;
  (d) dissemination of research results and educational information;
  (e)  identification  of funding sources for the PREVENTION CENTERS AND
THE network;
  (f) the activities of the clinics AND  PREVENTION  CENTERS  and  their
effectiveness  in  meeting the objectives as set forth in statute and in
clinic specific contracts with the state;
  (g) local, regional, occupation or business sector specific needs that
may be met by one or more clinic OR PREVENTION CENTER;
  (h) other issues as determined by the oversight committee; and
  (i) incorporation of provisions to implement  its  recommendations  in
requests for applications of state funding for occupational health clin-
ics AND PREVENTION CENTERS.
  S  4. Section 2490-a of the public health law, as added by chapter 139
of the laws of 2008, is amended to read as follows:

A. 280--A                           4

  S 2490-a. Occupational health clinic AND  PREVENTION  CENTER  advisory
committees.  The  chief executive officer of every clinic in the occupa-
tional health clinic AND PREVENTION  CENTER  network  shall  convene  an
advisory committee consisting of two local representatives each of busi-
ness,  labor  unions,  public health agencies and community groups which
shall be selected in consultation with the occupational  health  clinics
AND PREVENTION CENTERS oversight committee. The oversight committee will
assist  in  the development of policies, the creation and implementation
of a targeted outreach plan for working with business, unions and  work-
ers,  an assessment of clinic-specific funding needs and potential fund-
ing sources, and overall guidance for the clinics AND PREVENTION CENTERS
on an ongoing basis.
  S 5. This act shall take effect on the thirtieth day following a first
appropriation for the  prevention  centers  for  a  state  fiscal  year;
provided  that  the  commissioner of health shall notify the legislative
bill drafting commission upon the occurrence of  such  appropriation  in
order  that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New  York  in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

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

                                 280--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. ROZIC, LUPARDO -- read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the workers' compensation law and the public health law,
  in  relation  to  occupational  safety  and  health prevention centers
  located at the city university of New York Barry Commoner  Center  for
  Health  and Environment and the occupational health clinical center at
  the Upstate Medical University of the state university of New York

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

  Section  1.  Subdivision 3 of section 151 of the workers' compensation
law, as added by section 22 of part GG of chapter  57  of  the  laws  of
2013, is amended to read as follows:
  3.  The  chair and department of audit and control annually as soon as
practicable after the first of April of each year  shall  ascertain  the
actual  total  amount  of  expenses, including in addition to the direct
costs of personal service, the cost of maintenance  and  operation,  the
cost of retirement contributions made and workers' compensation premiums
paid  by  the  state  for  or on account of personnel, rentals for space
occupied in state owned or state leased buildings, such  additional  sum
as may be certified to the chair and the department of audit and control
as  a reasonable compensation for services rendered by the department of
law and expenses incurred by such  department,  for  transfer  into  the
training  and educational program on occupational safety and health fund
created pursuant to chapter eight hundred  eighty-six  of  the  laws  of
nineteen  hundred  eighty-five  and  section ninety-seven-c of the state
finance law, for the New York state occupational health clinics network,
for the department of labor occupational safety and health program,  THE

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

                                                           LBD01787-08-5

A. 280--B                           2

OCCUPATIONAL  SAFETY AND HEALTH PREVENTION CENTERS PURSUANT TO TITLE SIX
OF ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW and for transfer  into
the  uninsured  employers'  fund  pursuant to subdivision two of section
twenty-six-a  of  this  chapter, and all other direct or indirect costs,
incurred by the board in connection  with  the  administration  of  this
chapter, except those expenses for which an assessment is authorized for
self-insurance  pursuant  to  subdivision  five of section fifty of this
chapter. Assessments pursuant to subparagraph four of paragraph  (h)  of
subdivision  eight  of  section  fifteen of this chapter for the special
disability fund, pursuant to section fifty-c of  this  chapter  for  the
self insurer offset fund, pursuant to subdivision three of section twen-
ty-five-a  of this chapter for the fund for reopened cases, and pursuant
to section two hundred fourteen of this chapter for the special fund for
disability benefits shall be included in the total  amount  of  expenses
for  the purposes of this subdivision. Any overpayment of annual assess-
ments resulting from the  requirements  of  this  subdivision  shall  be
applied as a credit against the future assessment rate provided the fund
balance  shall  not  be  reduced  below  ten percent of the total amount
assessed.  FOR THE NEW YORK STATE OCCUPATIONAL HEALTH  CLINICS  NETWORK,
THE  DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH PROGRAM, AND THE
OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS PURSUANT TO TITLE  SIX
OF  ARTICLE  TWENTY-NINE-D  OF  THE  PUBLIC  HEALTH LAW, THE STATE SHALL
APPROPRIATE FUNDS ANNUALLY IN AN AMOUNT NOT LESS THAN THE AMOUNT  APPRO-
PRIATED  AND MADE AVAILABLE IN THE PREVIOUS STATE FISCAL YEAR; PROVIDED,
HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND  COMMUNI-
CATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAK-
ER OF THE ASSEMBLY, STATE SUPPORT FOR THESE PROGRAMS MAY BE REDUCED IN A
MANNER  PROPORTIONATE  TO  ONE ANOTHER, AND THE AFOREMENTIONED APPROPRI-
ATION PROVISIONS SHALL NOT APPLY.
  S 2. Article 29-D of the public health law is amended by adding a  new
title 6 to read as follows:

                                 TITLE 6
            OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS
SECTION 2999-M-1. OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS.
        2999-M-2. PURPOSE OF CENTERS.
        2999-M-3. PREVENTION DATA ANALYSIS AND DISSEMINATION.
        2999-M-4. IMMIGRANT AND VULNERABLE WORK FORCE.
        2999-M-5. SECONDARY PREVENTION OF OCCUPATIONAL DISEASES.
  S  2999-M-1. OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS.  THERE
IS HEREBY ESTABLISHED CONTINGENT  ON  AN  APPROPRIATION  FOR  THE  STATE
FISCAL  YEAR  TWO  THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN OCCUPATIONAL
SAFETY AND HEALTH PREVENTION  CENTERS  AS  DEFINED  IN  THIS  TITLE  AND
REFERRED TO IN THIS TITLE AS "THE PREVENTION CENTERS".
  S  2999-M-2. PURPOSE OF CENTERS. THE PURPOSE OF THE PREVENTION CENTERS
IS TO IDENTIFY, PROMOTE AND IMPLEMENT  STRATEGIES  THROUGHOUT  NEW  YORK
STATE  TO  PREVENT OCCUPATIONAL ILLNESSES AND INJURIES AND THEIR RELATED
MORTALITY AND DISABILITY.
  S  2999-M-3.  PREVENTION  DATA  ANALYSIS  AND  DISSEMINATION.      THE
PREVENTION  CENTERS  WILL  IDENTIFY,  ACCESS  AND  ANALYZE ALL AVAILABLE
FEDERAL, STATE AND LOCAL GOVERNMENT COLLECTED  OCCUPATIONAL  HEALTH  AND
HAZARD  DATA  RELEVANT  TO  NEW YORK STATE IN ORDER TO IDENTIFY OPPORTU-
NITIES TO IMPLEMENT PREVENTION STRATEGIES. THESE ANALYSES WILL FORM  THE
BASIS  FOR  DEVELOPING PREVENTION PROJECTS WITH LABOR, BUSINESS, GOVERN-
MENT AND OTHER STAKEHOLDERS IN ORDER TO PREVENT OCCUPATIONAL INJURY  AND
ILLNESSES.

A. 280--B                           3

  S  2999-M-4.  IMMIGRANT  AND  VULNERABLE  WORK  FORCE.  THE PREVENTION
CENTERS WILL INVESTIGATE THE OCCUPATIONAL HEALTH AND  HAZARDS  TO  IMMI-
GRANT  WORKERS AND OTHER WORKERS WHO ARE ENGAGED IN TEMPORARY OR CONTIN-
GENT WORK IN NEW YORK STATE AND  IDENTIFY  OPPORTUNITIES  IN  EDUCATION,
RESEARCH,  AND POLICY TO ADDRESS THOSE HAZARDS IN COLLABORATION WITH ALL
RELEVANT STAKEHOLDERS.
  S 2999-M-5. SECONDARY PREVENTION OF OCCUPATIONAL DISEASES. IN VIEW  OF
THE  PREVENTION  COMPONENTS REQUIRED OF HEALTH INSURANCE PLANS UNDER THE
AFFORDABLE CARE AND PATIENT  PROTECTION  ACT  OF  2010,  THE  PREVENTION
CENTERS  WILL  EDUCATE, PROMOTE, AND ADVOCATE FOR THE EARLY DETECTION OF
OCCUPATIONAL ILLNESSES AND  INJURIES  THROUGH  IMPROVED  UTILIZATION  OF
MANDATED  PREVENTIVE  SERVICES.  IN  COLLABORATION WITH THE OCCUPATIONAL
HEALTH CLINIC NETWORK AND OTHER RELEVANT PARTIES, THE PREVENTION CENTERS
WILL DEVELOP AND IMPLEMENT A STRATEGY TO IDENTIFY, NOTIFY,  AND  RECRUIT
WORKERS  AT  HIGH RISK OF LUNG CANCER DUE TO PAST EXPOSURES TO ASBESTOS,
SILICA, DIESEL EXHAUST, BERYLLIUM AND OTHER LUNG CARCINOGENS TO  FACILI-
TATE  THEIR  PARTICIPATION  IN  LOW  DOSE  CT SCANNING PROGRAMS FOR LUNG
CANCER SCREENING IN NEW YORK STATE.
  S 3. Section 2490 of the public health law, as amended by chapter  139
of the laws of 2008, is amended to read as follows:
  S  2490. Oversight committee. 1. There is hereby established the occu-
pational health clinics AND PREVENTION CENTERS oversight committee to be
comprised of the following persons or their designees: the  commissioner
of  health;  the  commissioner of labor; the chairperson of the workers'
compensation board; six persons appointed by the governor, one  of  whom
shall  be  on  nomination  of  the New York state American federation of
labor-congress of industrial organizations, and one of whom shall be  on
the  nomination  of  the  business council of the state of New York; two
persons appointed by the temporary president of the senate; two  persons
appointed  by  the  speaker of the assembly; one person appointed by the
minority leader of the senate and one person appointed by  the  minority
leader  of the assembly. The governor shall designate a chairperson from
among the members of the committee. The initial  appointments  shall  be
made on or before September first, two thousand eight.
  2.  The committee shall meet at least four times a year. Special meet-
ings may be called by the chairperson.
  3. Members of the oversight committee shall  receive  no  compensation
for  their  services,  but  shall  be allowed their actual and necessary
expenses incurred in the performance of their duties hereunder.
  4. Vacancies shall be filled  in  the  same  manner  as  the  original
appointments.
  5.  The  committee  shall make recommendations to the governor and the
legislature on or  before  [September  thirtieth,  two  thousand  nine,]
DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN regarding:
  (a) statewide needs to be met by the [network] PREVENTION CENTERS;
  (b)  coordination of clinic AND PREVENTION CENTER activities with not-
for-profit, private sector concerns and state  agencies,  including  but
not  limited  to  an  evaluation of current jurisdictional and oversight
responsibilities;
  (c) coordination and sharing of clinic resources and services;
  (d) dissemination of research results and educational information;
  (e) identification of funding sources for the PREVENTION  CENTERS  AND
THE network;
  (f)  the  activities  of  the clinics AND PREVENTION CENTERS and their
effectiveness in meeting the objectives as set forth in statute  and  in
clinic specific contracts with the state;

A. 280--B                           4

  (g) local, regional, occupation or business sector specific needs that
may be met by one or more clinic OR PREVENTION CENTER;
  (h) other issues as determined by the oversight committee; and
  (i)  incorporation  of  provisions to implement its recommendations in
requests for applications of state funding for occupational health clin-
ics AND PREVENTION CENTERS.
  S 4. Section 2490-a of the public health law, as added by chapter  139
of the laws of 2008, is amended to read as follows:
  S  2490-a.  Occupational  health clinic AND PREVENTION CENTER advisory
committees. The chief executive officer of every clinic in  the  occupa-
tional  health  clinic  network  AND  PREVENTION CENTER shall convene an
advisory committee consisting of two local representatives each of busi-
ness, labor unions, public health agencies and  community  groups  which
shall  be  selected in consultation with the occupational health clinics
AND PREVENTION CENTERS oversight committee. The oversight committee will
assist in the development of policies, the creation  and  implementation
of  a targeted outreach plan for working with business, unions and work-
ers, an assessment of clinic-specific funding needs and potential  fund-
ing sources, and overall guidance for the clinics AND PREVENTION CENTERS
on an ongoing basis.
  S 5. This act shall take effect on the thirtieth day following a first
appropriation  for  the  prevention  centers  for  a  state fiscal year;
provided that the commissioner of health shall  notify  the  legislative
bill  drafting  commission  upon the occurrence of such appropriation in
order that the commission may maintain an accurate and timely  effective
data  base  of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.