S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    311
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of A. ROZIC, GOTTFRIED, HUNTER, LUPARDO -- 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  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  amended by section 1 of subpart J of part NNN of chapter 59 of
 the laws of 2017, 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 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.
                                                            LBD01114-01-9

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 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 five 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.
   § 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.
   §  2999-M-1. OCCUPATIONAL SAFETY AND HEALTH PREVENTION CENTERS.  THERE
 ARE HEREBY ESTABLISHED TWO OCCUPATIONAL  SAFETY  AND  HEALTH  PREVENTION
 CENTERS REFERRED TO IN THIS TITLE AS "THE PREVENTION CENTERS".  ONE SUCH
 CENTER SHALL BE LOCATED AT THE CITY UNIVERSITY OF NEW YORK BARRY COMMON-
 ER  CENTER FOR HEALTH AND ENVIRONMENT, AND THE OTHER SHALL BE LOCATED AT
 THE OCCUPATIONAL HEALTH CLINICAL CENTER AT THE UPSTATE MEDICAL UNIVERSI-
 TY OF THE STATE UNIVERSITY OF NEW YORK.
   § 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.
   §   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.

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   § 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.
   § 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.
   § 3. Section 2490 of the public health law, as amended by chapter  139
 of the laws of 2008, is amended to read as follows:
   §  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 TWENTY 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;

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   (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.
   § 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:
   §  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.
   § 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.