S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10861
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Cruz) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to establishing  benefits
   and protections of essential employees during a state of emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 20 of the executive law is amended
 by adding a new paragraph l to read as follows:
   L. "ESSENTIAL  SERVICES"  MEANS  SERVICES,  WHETHER  RENDERED  TO  THE
 GOVERNMENT  OR TO ANY OTHER PERSON, PROVIDED BY ESSENTIAL PERSONS, BUSI-
 NESSES, NON-PROFITS OR OTHER ENTITIES.
   § 2. Subparagraph 4 of paragraph a of subdivision 7 of section  23  of
 the  executive  law,  as amended by section 4 of part B of chapter 56 of
 the laws of 2010, is amended and two new subparagraphs 5 and 6 are added
 to read as follows:
   (4) such other measures as reasonably can be taken to  protect  lives,
 prevent disasters, and reduce their impact[.];
   (5)  SUCH  MEASURES AS REASONABLY CAN BE TAKEN TO PROVIDE ALL BENEFITS
 AND PROTECTIONS TO EMPLOYEES OF ESSENTIAL PERSONS, BUSINESSES,  NON-PRO-
 FITS  OR  OTHER  ENTITIES  PROVIDING  ESSENTIAL  SERVICES  THAT MAINTAIN
 SUPPORT FOR SUCH POSITIONS INCLUDING, BUT NOT LIMITED  TO,  CHILD  CARE,
 MEDICAL SUPPLIES AND/OR PERSONAL PROTECTIVE EQUIPMENT;
   (6) SUGGESTED MEASURES TO PROVIDE CARE TO, AT A MINIMUM, STUDENTS AGED
 TWELVE  AND UNDER. IN ORDER TO ENSURE THAT EMERGENCY PLANS ARE PROVIDING
 FOR THE NEEDS OF SUCH STUDENTS, SUCH PLANS SHALL CLARIFY THE  WORK  THAT
 FALLS  WITHIN EACH OF THE IDENTIFIED ESSENTIAL PERSONS, BUSINESSES, NON-
 PROFITS OR OTHER ENTITIES. ADDITIONALLY, SUCH PLANS  SHALL  BE  USED  BY
 CHILD CARE PROVIDERS TO PRIORITIZE THE NEEDS OF ESSENTIAL WORKERS DURING
 AN EMERGENCY.
   §  3.  Subparagraph (vi) of paragraph g of subdivision 1 of section 24
 of the executive law, as added by chapter 640 of the laws of 1978 and as
 relettered by chapter 158 of the laws of 1994, is amended  and  two  new
 paragraphs h and i are added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16355-01-0

 A. 10861                            2
 
   (vi)  when  practicable,  specialists shall be assigned to assist with
 the related emergency actions to avoid adverse  effects  resulting  from
 such suspension[.];
   H.  SUCH  MEASURES  AS REASONABLY CAN BE TAKEN TO PROVIDE ALL BENEFITS
 AND PROTECTIONS TO EMPLOYEES OF ESSENTIAL PERSONS, BUSINESSES,  NON-PRO-
 FITS  OR  OTHER  ENTITIES  PROVIDING  ESSENTIAL  SERVICES  THAT MAINTAIN
 SUPPORT FOR SUCH POSITIONS INCLUDING, BUT NOT LIMITED  TO,  CHILD  CARE,
 MEDICAL SUPPLIES AND/OR PERSONAL PROTECTIVE EQUIPMENT;
   I.  SUGGESTED MEASURES TO PROVIDE CARE TO, AT A MINIMUM, STUDENTS AGED
 TWELVE AND UNDER. IN ORDER TO ENSURE THAT EMERGENCY PLANS ARE  PROVIDING
 FOR  THE  NEEDS OF SUCH STUDENTS, SUCH PLANS SHALL CLARIFY THE WORK THAT
 FALLS WITHIN EACH OF THE IDENTIFIED ESSENTIAL PERSONS, BUSINESSES,  NON-
 PROFITS  OR  OTHER  ENTITIES.  ADDITIONALLY, SUCH PLANS SHALL BE USED BY
 CHILD CARE PROVIDERS TO PRIORITIZE THE NEEDS OF ESSENTIAL WORKERS DURING
 AN EMERGENCY.
   § 4. Section 29 of the executive law, as added by chapter 640  of  the
 laws of 1978, is amended to read as follows:
   § 29. Direction  of  state  agency assistance in a disaster emergency.
 Upon the declaration of a state  disaster  emergency  the  governor  may
 direct  any  and all agencies of the state government to provide assist-
 ance under the coordination of  the  disaster  preparedness  commission.
 Such  state assistance may include: (1) utilizing, lending, or giving to
 political subdivisions, with or without  compensation  therefor,  equip-
 ment,  supplies,  facilities,  services  of  state  personnel, and other
 resources, other than the extension of credit;  (2)  distributing  medi-
 cine,  medical  supplies, food and other consumable supplies through any
 public or private agency authorized to distribute the same; (3) perform-
 ing on public or private lands temporary emergency  work  essential  for
 the  protection  of public health and safety, clearing debris and wreck-
 age, making emergency repairs to and temporary  replacements  of  public
 facilities of political subdivisions damaged or destroyed as a result of
 such  disaster;  [and]  (4)  making  such other use of their facilities,
 equipment, supplies and personnel as  may  be  necessary  to  assist  in
 coping  with  the disaster or any emergency resulting therefrom; AND (5)
 BENEFITS AND PROTECTIONS TO EMPLOYEES OF ESSENTIAL PERSONS,  BUSINESSES,
 NON-PROFITS OR OTHER ENTITIES PROVIDING ESSENTIAL SERVICES THAT MAINTAIN
 SUPPORT  FOR  SUCH  POSITIONS INCLUDING, BUT NOT LIMITED TO, CHILD CARE,
 MEDICAL SUPPLIES AND/OR PERSONAL PROTECTIVE EQUIPMENT.
   § 5. This act shall take effect immediately.