S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5322
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the public health law, in relation to regulating the use
   of artificial trans fats and requiring food service facilities to post
   or  provide  nutritional information on the food products served (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 including  certain  respiratory  diseases  and  obesity
   within  disease  management  demonstration programs (Part C); to amend
   the public health law, in relation to  the  reduction  of  obesity  in
   children  (Part D); to amend the public health law, in relation to the
   collection and reporting of obesity data (Part E); to amend the public
   health law, in relation to directing the health research science board
   to study respiratory  diseases  and  obesity,  and  childhood  obesity
   prevention  and  screening  (Part  F);  to amend the education law, in
   relation to the use of inhalers and nebulizers (Part G); to amend  the
   state finance law, in relation to establishing the obesity and respir-
   atory  disease  research  and  education  fund  (Part H); to amend the
   social services law, in relation to child day  care  facilities  (Part
   I);  to  amend the education law, in relation to use of school facili-
   ties by not-for-profit and charitable organizations  for  after-school
   programs  (Part J); to amend the education law, in relation to screen-
   ing for childhood obesity (Part K); to amend  the  education  law,  in
   relation  to  instruction in good health and reducing the incidence of
   obesity (Part L); to amend the public buildings law,  in  relation  to
   bicycle  access  to  public  office  buildings  (Part M); to amend the
   insurance law and the public health law, in relation to making actuar-
   ially appropriate reductions in health insurance  premiums  in  return
   for  an  enrollee's or insured's participation in a qualified wellness
   program (Part N);  to  amend  the  agriculture  and  markets  law,  in
   relation to expanding the production of fresh fruits and vegetables by
   community  gardens  (Part  O); to amend the general city law, the town
   law, the village law, the general municipal law and the  highway  law,
   in  relation to directing the state and municipalities to develop more
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08888-01-9

 A. 5322                             2
 
   and safer bike lanes and multiple use trails so as to  encourage  more
   physical  activity  and  to reduce carbon emissions (Part P); to amend
   the parks, recreation and historic preservation law,  in  relation  to
   directing the office of parks, recreation and historic preservation to
   develop  more  and  safer  multiple  use  trails in state parks in and
   throughout the state (Part  Q);  and  to  amend  the  agriculture  and
   markets law, in relation to the expansion of regional farmers' markets
   (Part R)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "omnibus obesity and respiratory illness reduction act".
   §  2.  This  act enacts into law major components of legislation which
 combat  the  incidence  of  adult  and  child  obesity  and  respiratory
 diseases,  and  encourage the production and consumption of fresh fruits
 and vegetables. Each component is wholly contained within a Part identi-
 fied as Parts A through  R.  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, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is found.   Section four of this act sets forth the
 general effective date of this act.
 
                                  PART A
 
   Section 1. Subdivision 1 of section 206 of the public  health  law  is
 amended by adding a new paragraph (w) to read as follows:
   (W)  (I)  FOR  PURPOSES  OF  THIS PARAGRAPH, THE FOLLOWING DEFINITIONS
 SHALL APPLY:
   (A) "FOOD SERVICE FACILITY" MEANS A  FOOD  SERVICE  ESTABLISHMENT,  AS
 DEFINED IN THE STATE SANITARY CODE, THAT OPERATES UNDER COMMON OWNERSHIP
 OR  CONTROL  WITH AT LEAST TWENTY-FIVE OTHER FOOD SERVICE ESTABLISHMENTS
 WITH THE SAME NAME IN THE STATE THAT OFFER FOR  SALE  SUBSTANTIALLY  THE
 SAME  MENU ITEMS, OR OPERATES AS A FRANCHISED OUTLET OF A PARENT COMPANY
 WITH AT LEAST TWENTY-FIVE OTHER FRANCHISED OUTLETS WITH THE SAME NAME IN
 THE STATE THAT OFFER FOR SALE SUBSTANTIALLY THE SAME MENU ITEMS.
   (B) "NUTRITIONAL INFORMATION" MAY INCLUDE THE FOLLOWING, PER  STANDARD
 MENU ITEM, AS THAT ITEM IS USUALLY PREPARED AND OFFERED FOR SALE:
   (I) TOTAL NUMBER OF CALORIES.
   (II) TOTAL NUMBER OF GRAMS OF CARBOHYDRATES.
   (III) TOTAL NUMBER OF GRAMS OF SATURATED FAT.
   (IV) TOTAL NUMBER OF MILLIGRAMS OF SODIUM.
   (C)  "POINT  OF  SALE"  MEANS  THE LOCATION WHERE A CUSTOMER PLACES AN
 ORDER.
   (D) IN CALCULATING NUTRITIONAL INFORMATION, A  FOOD  SERVICE  FACILITY
 MAY  USE  ANY  REASONABLE  MEANS RECOGNIZED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION TO DETERMINE NUTRITIONAL INFORMATION FOR A STANDARD  MENU
 ITEM, AS USUALLY PREPARED AND OFFERED FOR SALE INCLUDING, BUT NOT LIMIT-
 ED TO, NUTRIENT DATABASES AND LABORATORY ANALYSES.
   (II)  THE  COMMISSIONER MAY ESTABLISH A VOLUNTARY ARTIFICIAL TRANS FAT
 REDUCTION PROGRAM. SUCH PROGRAM MAY CONSIST OF, BUT SHALL NOT BE LIMITED

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 TO, THE FOLLOWING COMPONENTS: (A)  A  PUBLIC  INFORMATION  DISSEMINATION
 PROGRAM  TO  INFORM  THE  PUBLIC OF THE HEALTH RISKS ASSOCIATED WITH THE
 OVERCONSUMPTION OF ARTIFICIAL TRANS FATS, AND (B) SUGGESTED FOOD  PREPA-
 RATION  METHODS  THAT CAN BE FOLLOWED BY FOOD SERVICE ESTABLISHMENTS AND
 THE GENERAL PUBLIC TO REDUCE OR ELIMINATE THE USE  OF  ARTIFICIAL  TRANS
 FATS.
   (III)(A) BY RULE OR REGULATION, MAY REQUIRE EVERY FOOD SERVICE FACILI-
 TY  TO  DISCLOSE  THE  NUTRITIONAL INFORMATION REQUIRED BY CLAUSE (B) OF
 THIS SUBPARAGRAPH.
   (B) A FOOD SERVICE FACILITY, BY RULE OR REGULATION, MAY BE REQUIRED TO
 DISCLOSE THE NUTRITIONAL INFORMATION IN A CLEAR AND  CONSPICUOUS  MANNER
 AT THE POINT OF SALE PRIOR TO OR DURING THE PLACEMENT OF AN ORDER.
   §  2. This act shall take effect one year after it shall have become a
 law.  Effective immediately the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 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.
   § 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY  APPROPRIATE  HEALTH
 CARE PROVIDER AND PREGNANCY PROGRAM IS ENCOURAGED TO DISTRIBUTE INFORMA-
 TION  ON THE ADVERSE EFFECTS OF SMOKING DURING PREGNANCY FOR BOTH FIRST-
 HAND AND SECONDHAND SMOKE. SUCH ADVERSE EFFECTS TO  THE  INFANT  INCLUDE
 LOWER BIRTH RATES, HIGHER INCIDENCE OF ASTHMA AND OBESITY, AND COGNITIVE
 AND DEVELOPMENTAL DAMAGE.
   2. EVERY HEALTH CARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING
 STATUSES  AND  OFFER  CONTINUOUS TAILORED DISCUSSION OF QUITTING SMOKING
 WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.
   § 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 DIAPER COUPONS FOR QUITTING  FOR  MORE
 THAN FOUR WEEKS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.
 
                                  PART C
 
   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:

 A. 5322                             4
 
   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
 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, CHRONIC BRONCHITIS, OTHER CHRONIC RESPIRATORY
 DISEASES, diabetes, ADULT AND CHILDHOOD OBESITY, or other chronic health
 conditions as may be specified by the department; or have experienced or
 are  likely  to experience 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.
   § 2. This act shall take effect immediately.
 
                                  PART D
 
   Section 1. Paragraphs (a) and (g) of subdivision 2 of  section  2599-b
 of  the  public health law, as amended by section 1 of part A of chapter
 469 of the laws of 2015, are amended to read as follows:
   (a) developing media health promotion campaigns, IN COORDINATION  WITH
 THE   PUBLIC   INFORMATION  PROVIDED  PURSUANT  TO  SECTION  TWENTY-FIVE
 HUNDRED-L OF THIS ARTICLE, targeted  to  children  and  adolescents  and
 their  parents  and  caregivers that emphasize increasing consumption of
 low-calorie, high-nutrient foods, decreasing consumption  of  high-calo-
 rie,  low-nutrient  foods  and  increasing physical activity designed to
 prevent or reduce obesity;

 A. 5322                             5
 
   (g) developing screening programs, IN ACCORDANCE WITH SECTION  TWENTY-
 FIVE HUNDRED-L OF THIS ARTICLE, in coordination with health care provid-
 ers  and  institutions including but not limited to day care centers and
 schools for overweight and obesity for children aged two  through  eigh-
 teen  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 explanation
 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
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section  1.  Section 263 of the public health law, as added by chapter
 538 of the laws of 2002, is amended to read as follows:
   § 263. Department authorized to study obesity - report. 1. The depart-
 ment is authorized to sample and collect data on individual cases  where
 obesity is being actively treated AND DATA COLLECTED PURSUANT TO SECTION
 TWENTY-FIVE HUNDRED-L OF THIS CHAPTER, and to analyze such data in order
 to  evaluate  the  impact  of treating obesity. Such data collection and
 analysis shall include the following:
   a. The effectiveness of existing methods for  treating  or  preventing
 obesity;
   b.  The  effectiveness of alternate methods for treating or preventing
 obesity;
   c. The fiscal impact of treating or preventing obesity;
   d. The compliance and cooperation of patients with various methods  of
 treating or preventing obesity; or
   e.  The reduction in serious medical problems associated with diabetes
 that results from treating or preventing obesity.
   2. The department is authorized to fund  the  research  authorized  in
 subdivision  one  of  this  section AND SECTION TWENTY-FIVE HUNDRED-L OF
 THIS CHAPTER from gifts, grants, and donations from individuals, private
 organizations, foundations, or any governmental  unit;  except  that  no
 gift,  grant,  or  donation  may  be accepted by the department if it is
 subject to conditions that are inconsistent with this title or any other
 laws of this state. The department shall have the power  to  direct  the
 disposition  of  any  such  gift, grant, or donation for the purposes of
 this title.
   3. After completion of the research authorized in subdivision  one  of
 this  section, the department shall submit a report and supporting mate-
 rials to the governor and the legislature by June first of the following
 year AND UPDATE SUCH REPORT EVERY THREE YEARS.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section 1.  Paragraphs (a), (b) and (c) of subdivision  1  of  section
 2411  of  the  public  health  law, as amended by section 5 of part A of
 chapter 60 of the laws of 2014, are amended to read as follows:
   (a) Survey state agencies, boards, programs and  other  state  govern-
 mental  entities  to  assess  what, if any, relevant data has been or is
 being collected which may be of use to  researchers  engaged  in  breast

 A. 5322                             6
 
 cancer  research,  OR ADULT AND CHILDHOOD OBESITY, ASTHMA, CHRONIC BRON-
 CHITIS OR OTHER CHRONIC RESPIRATORY DISEASE RESEARCH;
   (b)  Consistent with the survey conducted pursuant to paragraph (a) of
 this subdivision, compile a list of data  collected  by  state  agencies
 which  may  be  of  assistance  to  researchers engaged in breast cancer
 research as established in section twenty-four hundred  twelve  of  this
 title,  AND  ADULT  AND CHILDHOOD OBESITY, ASTHMA, CHRONIC BRONCHITIS OR
 OTHER CHRONIC RESPIRATORY DISEASE RESEARCH;
   (c) Consult with the Centers for Disease Control and  Prevention,  the
 National Institutes of Health, the Federal Agency For Health Care Policy
 and  Research,  the National Academy of Sciences and other organizations
 or entities which may be involved in cancer  research  to  solicit  both
 information  regarding  breast  cancer  research projects, AND ADULT AND
 CHILDHOOD OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER  CHRONIC  RESPIR-
 ATORY  DISEASE  RESEARCH PROJECTS that are currently being conducted and
 recommendations for future research projects;
   § 2. The public health law is amended by adding a new  section  2500-l
 to read as follows:
   §  2500-L. CHILDHOOD OBESITY PREVENTION AND SCREENING.  1. LEGISLATIVE
 DECLARATION. THE LEGISLATURE HEREBY FINDS, DETERMINES AND DECLARES  THAT
 OBESITY,  PARTICULARLY  CHILDHOOD  OBESITY, IS A SERIOUS MEDICAL PROBLEM
 AND THAT THE HIGH INCIDENCE OF SUCH CONDITION NEEDS TO BE  CURTAILED  TO
 IMPROVE  THE OVERALL HEALTH OF THE GENERAL PUBLIC AND TO HELP REDUCE THE
 COST OF PROVIDING HEALTH CARE IN THIS STATE. PROVIDED FURTHER, THAT  THE
 LEGISLATURE HEREBY REAFFIRMS THE LEGISLATIVE INTENT CONTAINED IN SECTION
 TWO HUNDRED SIXTY-ONE OF THIS CHAPTER CONCERNING OBESITY.
   2.  THE  COMMISSIONER MAY ESTABLISH, FOR USE BY PEDIATRIC PRIMARY CARE
 PROVIDERS AND HOSPITALS, BEST PRACTICE PROTOCOLS FOR THE  EARLY  SCREEN-
 ING, IDENTIFICATION AND TREATMENT OF CHILDREN WHO HAVE LOW BIRTH WEIGHTS
 OR  MAY  BECOME  SUSCEPTIBLE  TO  CONTRACTING ASTHMA OR MANIFEST TO HAVE
 CHILDHOOD OBESITY CONDITIONS. SUCH PROTOCOLS SHALL INCORPORATE STANDARDS
 AND GUIDELINES ESTABLISHED BY THE AMERICAN ACADEMY OF PEDIATRICIANS, THE
 FEDERAL DEPARTMENT OF AGRICULTURE, THE FEDERAL DEPARTMENT OF HEALTH  AND
 HUMAN SERVICES, THE SURGEON GENERAL, AND THE CENTERS FOR DISEASE CONTROL
 AND PREVENTION.
   3.  THE  DEPARTMENT, IN ORDER TO SUPPORT QUALITY CARE IN ALL HOSPITALS
 WITH OBSTETRIC SERVICES AND FOR ALL PEDIATRIC PRIMARY CARE PROVIDERS, IS
 AUTHORIZED TO PROVIDE NON-PATIENT SPECIFIC INFORMATION FOR ALL BIRTHS AT
 EACH AFFILIATE HOSPITAL IN EACH REGIONAL PERINATAL CENTER'S  NETWORK  TO
 THE REGIONAL PERINATAL CENTER AND THE AFFILIATE, EXCEPT THAT SUCH INFOR-
 MATION  SHALL  INCLUDE ZIP CODE AND A UNIQUE IDENTIFIER, SUCH AS MEDICAL
 RECORD NUMBER.
   4. THE INFORMATION WHEN RECEIVED BY THE DEPARTMENT SHALL BE USED SOLE-
 LY FOR THE PURPOSE OF IMPROVING QUALITY OF CARE AND SHALL NOT BE SUBJECT
 TO RELEASE UNDER ARTICLE SIX OF  THE  PUBLIC  OFFICERS  LAW,  AND  WHERE
 APPLICABLE,  SHALL  BE  SUBJECT  TO  THE  CONFIDENTIALITY  PROVISIONS OF
 SECTION TWENTY-EIGHT HUNDRED FIVE-M OF THIS  CHAPTER,  EXCEPT  THAT  THE
 RELEASE  OF  BIRTH  CERTIFICATE  INFORMATION SHALL BE SUBJECT TO SECTION
 FORTY-ONE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   5. THE COMMISSIONER MAY  RELEASE  INFORMATION  COLLECTED  THROUGH  THE
 STATEWIDE   PERINATAL  DATA  SYSTEM,  PURSUANT  TO  SECTION  TWENTY-FIVE
 HUNDRED-H OF THIS TITLE AND CORRESPONDING INFORMATION RELATED TO ASTHMA,
 CHILDHOOD OBESITY OR UNDERWEIGHT BABIES TO HIS OR HER DESIGNEES, INCLUD-
 ING PERSONS OR ENTITIES UNDER CONTRACT WITH  THE  DEPARTMENT  TO  REVIEW
 QUALITY  OF  CARE  ISSUES, AS RELATED TO THE PROVISIONS OF THIS SECTION,
 AND TO CONDUCT QUALITY IMPROVEMENT INITIATIVES  AS  NEEDED  TO  MONITOR,

 A. 5322                             7

 EVALUATE  AND IMPROVE PATIENT CARE AND OUTCOMES. SUCH DESIGNEE OR PERSON
 OR ENTITY UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW QUALITY  OF  CARE
 ISSUES  SHALL  MAINTAIN  THE CONFIDENTIALITY OF ALL SUCH INFORMATION AND
 SHALL USE IT ONLY TO IMPROVE QUALITY OF CARE, AS APPROVED BY THE DEPART-
 MENT,  AND  TO  IMPLEMENT THE PROVISIONS OF TITLE FIVE OF ARTICLE TWO OF
 THIS CHAPTER, AS ADDED BY CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE  LAWS
 OF TWO THOUSAND TWO.
   6.  THE DEPARTMENT MAY PRODUCE AND DISTRIBUTE EDUCATIONAL MATERIALS ON
 CHILDHOOD OBESITY AND ASTHMA RISKS AND PRECAUTIONS. SUCH  MATERIALS  MAY
 BE  MADE  AVAILABLE  TO  CHILD  CARE CENTERS, PEDIATRICIANS AND NURSERY,
 ELEMENTARY AND SECONDARY SCHOOLS FOR DISTRIBUTION TO PERSONS IN PARENTAL
 RELATION TO CHILDREN, AND  TO  HOSPITALS,  BIRTHING  CENTERS  AND  OTHER
 APPROPRIATE   HEALTH   CARE  PROVIDERS  FOR  DISTRIBUTION  TO  MATERNITY
 PATIENTS. IN ADDITION, SUCH MATERIALS MAY BE  PROVIDED  TO  HEALTH  CARE
 PROFESSIONALS ENGAGED IN THE CARE AND TREATMENT OF CHILDREN FOR DISTRIB-
 UTION  TO SUCH CHILDREN AND PERSONS IN PARENTAL RELATION. THE DEPARTMENT
 MAY ALSO PROVIDE INFORMATION ON CHILDHOOD OBESITY AND ASTHMA  RISKS  AND
 PRECAUTIONS  ON  THE DEPARTMENT'S INTERNET WEBSITE. NO PROVISION OF THIS
 SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE UTILIZATION AND DISTRIBUTION
 OF EDUCATIONAL  MATERIALS  RELATING  THERETO  PRODUCED  BY  ANY  PUBLIC,
 PRIVATE  OR  GOVERNMENTAL ENTITY, IN LIEU OF THE DEPARTMENT'S PRODUCTION
 OF SUCH MATERIALS.
   7. THE DEPARTMENT SHALL PERIODICALLY REVIEW AVAILABLE DATA ON  OBESITY
 AND  ASTHMA  IN CHILDREN AND UPDATE THE INFORMATION ON CHILDHOOD OBESITY
 AND ASTHMA RISKS AND PRECAUTIONARY MEASURES PROVIDED IN ITS  EDUCATIONAL
 MATERIALS AND ON ITS INTERNET WEBSITE, AS APPROPRIATE.
   § 3. This act shall take effect immediately.
 
                                  PART G
 
   Section  1.   The education law is amended by adding a new section 923
 to read as follows:
   § 923. 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 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.
 
                                  PART H

 A. 5322                             8
 
   Section 1.  The state finance law is amended by adding a  new  section
 91-g to read as follows:
   §  91-G.  OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND.
 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER
 OF  TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN
 AS THE "OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND".
   2. SUCH FUND SHALL CONSIST OF ALL  REVENUE  RECEIVED  PURSUANT  TO  AN
 APPROPRIATION  THERETO,  AND  ALL OTHER MONEYS APPROPRIATED, CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER  FUND  OR  SOURCE  PURSUANT  TO  LAW.
 NOTHING  IN  THIS  SECTION  SHALL  BE  DEEMED  TO PREVENT THE STATE FROM
 RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES  OF  THE  FUND  AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONIES  OF THE FUND SHALL BE EXPENDED ONLY FOR ADULT AND CHILDHOOD
 OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIRATORY DISEASE
 RESEARCH AND EDUCATIONAL PROJECTS CONDUCTED PURSUANT TO  SECTIONS  TWEN-
 TY-FOUR HUNDRED ELEVEN, TWENTY-FIVE HUNDRED AND TWENTY-FIVE HUNDRED-L OF
 THE PUBLIC HEALTH LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED OR CERTIFIED BY THE COMMISSIONER OF
 HEALTH.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1.  Paragraph (a) of subdivision 2-a of  section  390  of  the
 social  services  law,  as  added by chapter 416 of the laws of 2000, is
 amended to read as follows:
   (a) The office of children and family services shall promulgate  regu-
 lations   which  establish  minimum  quality  program  requirements  for
 licensed and registered child day care homes, programs  and  facilities.
 Such  requirements  shall include but not be limited to (i) the need for
 age appropriate activities, materials and equipment  to  promote  cogni-
 tive,  educational,  social, cultural, physical, emotional, language and
 recreational development of children in care  in  a  safe,  healthy  and
 caring environment (ii) principles of childhood development (iii) appro-
 priate  staff/child  ratios  for family day care homes, group family day
 care homes, school age day care programs and day care centers,  provided
 however  that  such  staff/child ratios shall not be less stringent than
 applicable staff/child ratios as set forth in part  four  hundred  four-
 teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
 teen  of title eighteen of the New York code of rules and regulations as
 of January first, two thousand (iv) appropriate levels of supervision of
 children in care (v) APPROPRIATE LEVELS OF PHYSICAL ACTIVITY AND  NUTRI-
 TIONAL  OFFERINGS  TO ENCOURAGE HEALTHY EATING AND LIVING HABITS TO HELP
 LOWER THE INCIDENCE OF CHILDHOOD OBESITY AND TO PROMOTE OVERALL WELLNESS
 (VI) minimum standards for sanitation, health, infection control, nutri-
 tion, buildings and equipment, safety, security procedures,  first  aid,
 fire prevention, fire safety, evacuation plans and drills, prevention of
 child  abuse and maltreatment, staff qualifications and training, record
 keeping, and child behavior management.
   § 2. Section 390-a of the social services law is amended by  adding  a
 new subdivision 6 to read as follows:
   6.  NO  FAMILY  DAY  CARE HOME, GROUP FAMILY DAY CARE HOME, SCHOOL AGE
 CHILD CARE PROGRAM OR CHILD DAY CARE CENTER SHALL DISCOURAGE  ACTIVITIES
 RELATED  TO  BREAST  FEEDING  A CHILD OR FEEDING A CHILD WHO IS FED WITH
 EXPRESSED BREAST MILK.

 A. 5322                             9
 
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.  Effective immediately
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such date.
 
                                  PART J
 
   Section  1.  Subdivision  1  of  section  414  of the education law is
 amended by adding a new paragraph (l) to read as follows:
   (L) FOR BONA FIDE AFTER-SCHOOL PROGRAMS OPERATED BY  A  NOT-FOR-PROFIT
 OR  CHARITABLE  ORGANIZATION.  SUCH  PROGRAMS SHALL PRESENT SOME FORM OF
 EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCA-
 TION.
   § 2. Subdivision 2 of section 414 of the education law, as amended  by
 chapter 513 of the laws of 2005, is amended to read as follows:
   2.  The  trustees  or board of education shall determine the terms and
 conditions for such use which may include rental at least in  an  amount
 sufficient  to  cover  all  resulting expenses for the purposes of para-
 graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
 of this section. FOR THE PURPOSES OF PARAGRAPH (1) OF SUBDIVISION ONE OF
 THIS SECTION, THE TRUSTEES OR BOARD OF EDUCATION MAY PROVIDE THAT EITHER
 NO FEE OR A MINIMAL FEE BE IMPOSED UPON THE NOT-FOR-PROFIT OR CHARITABLE
 ORGANIZATION. Any such use, pursuant to [paragraphs] PARAGRAPH (a), (c),
 (d), (h) [and], (j) OR (L) of subdivision one of this section, shall not
 allow the exclusion of any district child solely because said  child  is
 not  attending  a  district  school or not attending the district school
 which is sponsoring such use or on which grounds the use is to occur.
   § 3. Subdivision 27 of section 2590-h of the education law, as amended
 by chapter 345 of the laws of 2009, is amended to read as follows:
   27. Promulgate regulations, in conjunction with each community  super-
 intendent, establishing a plan for providing access to school facilities
 in  each community school district, when not in use for school purposes,
 in accordance with the provisions of section four  hundred  fourteen  of
 this  chapter. Such plan shall set forth a reasonable system of fees not
 to exceed the actual costs and specify that no part  of  any  fee  shall
 directly  or  indirectly  benefit  or be deposited into an account which
 inures  to  the  benefit  of  the  custodians  or  custodial  engineers.
 NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, RULE OR REGULATION TO THE
 CONTRARY, SUCH PLAN  MAY PROVIDE THAT EITHER NO FEE  OR  A  MINIMAL  FEE
 SHALL BE CHARGED FOR THE USE OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR
 CHARITABLE  ORGANIZATION.  THE  USE OF SUCH FACILITIES SHALL ONLY BE FOR
 BONA FIDE AFTER-SCHOOL PROGRAMS THAT PRESENT SOME  FORM  OF  EDUCATIONAL
 INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCATION.
   § 4. Subdivision 27 of section 2590-h of the education law, as amended
 by chapter 720 of the laws of 1996, is amended to read as follows:
   27. Develop, in conjunction with each community superintendent, a plan
 for  providing  access  to  school  facilities  in each community school
 district, when not in use for school purposes, in  accordance  with  the
 provisions  of  section four hundred fourteen of this chapter. Such plan
 shall set forth a reasonable system of fees not  to  exceed  the  actual
 costs  and  specify that no part of any fee shall directly or indirectly
 benefit or be deposited into an account which inures to the  benefit  of
 the  custodians  or  custodial  engineers.    NOTWITHSTANDING  ANY OTHER
 PROVISION OF LAW, RULE OR REGULATION TO  THE  CONTRARY,  SUCH  PLAN  MAY
 PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE USE

 A. 5322                            10
 
 OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. THE
 USE OF SUCH FACILITIES SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS
 THAT  PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL,
 OR PROMOTE PHYSICAL EDUCATION.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided that the amendments to subdivision
 27 of section 2590-h of the education law, made by section three of this
 act, shall be subject to the expiration and reversion of  such  section,
 pursuant  to  subdivision 12 of section 17 of chapter 345 of the laws of
 2009, as amended, when upon such date the provisions of section four  of
 this act shall take effect.
 
                                  PART K

   Section 1. Section 901 of the education law, as amended by chapter 477
 of  the laws of 2004, subdivision 1 as amended by section 57 of part A-1
 of chapter 58 of the laws of 2006, is amended to read as follows:
   § 901. School  health  services  to  be  provided.  1.  School  health
 services,  as  defined  in  subdivision  two  of  this section, shall be
 provided by each school district for all students attending  the  public
 schools in this state, except in the city school district of the city of
 New  York,  as  provided  in  this article. School health services shall
 include the services of a  registered  professional  nurse,  if  one  is
 employed,  and  shall  also  include such services as may be rendered as
 provided in this article in examining  students  for  the  existence  of
 disease  or disability, OR MAY INCLUDE SERVICES RELATED TO EXAMINING FOR
 CHILDHOOD OBESITY BASED UPON THE CALCULATION OF EACH STUDENT'S BODY MASS
 INDEX AND WEIGHT STATUS CATEGORY PURSUANT TO SECTION NINE  HUNDRED  FOUR
 OF THIS ARTICLE, and in testing the eyes and ears of such students.
   2.  School health services for the purposes of this article shall mean
 the several procedures, including, but not limited to, medical  examina-
 tions,  dental  inspection and/or screening, scoliosis screening, vision
 screening [and], audiometer tests, AND CHILDHOOD OBESITY AS MEASURED  BY
 BODY  MASS  INDEX  AND WEIGHT STATUS CATEGORY, designed to determine the
 health status of the child;  to  inform  parents  or  other  persons  in
 parental  relation  to  the child, pupils and teachers of the individual
 child's health condition subject to federal  and  state  confidentiality
 laws; to guide parents, children and teachers in procedures for prevent-
 ing  and correcting defects [and], diseases AND CHILDHOOD OBESITY CONDI-
 TIONS; to instruct the school personnel in procedures to take in case of
 accident or  illness;  to  survey  and  make  necessary  recommendations
 concerning  the  health  and safety aspects of school facilities and the
 provision of health information.
   § 2. Section 912 of the education law, as amended by  chapter  477  of
 the laws of 2004, is amended to read as follows:
   § 912. Health  and welfare services to all children. The voters and/or
 trustees or board of education of  every  school  district  shall,  upon
 request  of the authorities of a school other than public, provide resi-
 dent children who attend such school with any or all of the  health  and
 welfare  services and facilities which are made available by such voters
 and/or trustees or board of education to or for children  attending  the
 public  schools  of the district. Such services may include, but are not
 limited to all services performed by a physician,  physician  assistant,
 dentist,  dental hygienist, registered professional nurse, nurse practi-
 tioner, school psychologist, school social worker or school speech ther-
 apist, and may also  include  dental  prophylaxis,  vision  and  hearing

 A. 5322                            11
 
 screening  examinations,  CHILDHOOD  OBESITY  SCREENING,  the  taking of
 medical histories and the administration of health screening tests,  the
 maintenance of cumulative health records and the administration of emer-
 gency  care  programs  for ill or injured students. Any such services or
 facilities shall be so provided notwithstanding  any  provision  of  any
 charter  or other provision of law inconsistent herewith. Where children
 residing in one school  district  attend  a  school  other  than  public
 located  in  another  school  district,  the  school  authorities of the
 district of residence shall contract with the school authorities of  the
 district  where  such  nonpublic school is located, for the provision of
 such health and welfare services and facilities to such children by  the
 school  district where such nonpublic school is located, for a consider-
 ation  to  be  agreed  upon  between  the  school  authorities  of  such
 districts,  subject  to  the  approval  of  the  qualified voters of the
 district of residence when required under the provisions of  this  chap-
 ter.  Every such contract shall be in writing and in the form prescribed
 by the commissioner, and before such contract is executed the same shall
 be submitted for approval to the superintendent of schools having juris-
 diction over such district of residence  and  such  contract  shall  not
 become effective until approved by such superintendent.
   § 3. This act shall take effect immediately.
 
                                  PART L
 
   Section  1.  Subdivisions 1 and 5 of section 803 of the education law,
 as amended by chapter 118 of the laws of 1957, are amended  to  read  as
 follows:
   1.  All  pupils  above  the  age  of eight years in all elementary and
 secondary schools, shall receive as part of the  prescribed  courses  of
 instruction  therein  such physical education under the direction of the
 commissioner [of education] as the regents may determine.  Such  courses
 shall  be designed to aid in the well-rounded education of pupils and in
 the development of character,  citizenship,  OVERALL  physical  fitness,
 GOOD  health  [and],  the worthy use of leisure AND THE REDUCTION IN THE
 INCIDENCE OF CHILDHOOD OBESITY.   Pupils above such  age  attending  the
 public  schools shall be required to attend upon such prescribed courses
 of instruction.
   5. (A) It shall be the duty of the regents to adopt rules  determining
 the  subjects  to  be included in courses of physical education provided
 for in this section, the period of instruction in each of such  courses,
 the  qualifications of teachers, and the attendance upon such courses of
 instruction.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  THE  REGENTS
 MAY  PROVIDE  IN  ITS  RULES  THAT  THE  PHYSICAL  EDUCATION INSTRUCTION
 REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
 GRADES SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR  ACTIV-
 ITY,  INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN ALTERNA-
 TIVE EDUCATION PROGRAMS. THE REGENTS  MAY  INCLUDE  IN  ITS  RULES  THAT
 STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC-
 IPATE IN PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM OF SIXTY
 MINUTES  DURING EACH SCHOOL WEEK. THE REGENTS MAY PROVIDE FOR A TWO-YEAR
 PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMENTARY SCHOOLS  IN
 ITS RULES.
   §  2.  The  section heading and subdivisions 1 and 2 of section 804 of
 the education law, the section heading and subdivision 2 as  amended  by
 chapter  390 of the laws of 2016 and subdivision 1 as amended by chapter

 A. 5322                            12
 
 1 of the laws of 2017, are amended and a new subdivision 5-a is added to
 read as follows:
   Health  education  regarding  mental  health,  alcohol, drugs, tobacco
 abuse, THE REDUCTION OF THE INCIDENCE OF OBESITY and the prevention  and
 detection  of  certain cancers.   1. All schools shall ensure that their
 health, SCIENCE AND PHYSICAL education programs recognize  the  multiple
 dimensions  of  health  by  including  mental health and the relation of
 physical and mental health so as to enhance student understanding, atti-
 tudes and behaviors that promote health, well-being and human dignity.
   2. All schools shall include, as an integral part of  health,  SCIENCE
 OR  PHYSICAL  education,  instruction so as to discourage the misuse and
 abuse of alcohol, tobacco and other drugs, TO REDUCE  THE  INCIDENCE  OF
 OBESITY  and  promote  attitudes  and behavior that enhance health, well
 being, and human dignity.
   5-A. INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED  WITH
 OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
 INCLUDING  GOOD  NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION MAY BE
 AN INTEGRAL PART OF REQUIRED  HEALTH,  SCIENCE,  OR  PHYSICAL  EDUCATION
 COURSES.
   §  3. Subdivision 1 of section 804-a of the education law, as added by
 chapter 730 of the laws of 1986, is amended to read as follows:
   1.   Within the  amounts  appropriated,  the  commissioner  is  hereby
 authorized  to establish a demonstration program and to distribute state
 funds to local  school  districts,  boards  of  cooperative  educational
 services  and  in  certain instances community school districts, for the
 development, implementation, evaluation, validation,  demonstration  and
 replication  of  exemplary  comprehensive  health  education programs to
 assist the public schools in developing curricula, training  staff,  and
 addressing local health education needs of students, parents, and staff.
 SUCH  PROGRAMS  SHALL  SERVE  THE  PURPOSE  OF  DEVELOPING AND ENHANCING
 PUPILS' HEALTH KNOWLEDGE, SKILLS,  ATTITUDES  AND  BEHAVIORS,  WHICH  IS
 FUNDAMENTAL  TO  IMPROVING THEIR HEALTH STATUS AND ACADEMIC PERFORMANCE,
 AS WELL AS REDUCING  THE  INCIDENCE  OF  ADOLESCENT  PREGNANCY,  ALCOHOL
 ABUSE,  TOBACCO ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTH-
 MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF  CHILDHOOD
 AND ADOLESCENCE.
   §  4. Section 813 of the education law, as added by chapter 296 of the
 laws of 1994, is amended to read as follows:
   § 813. School lunch period; scheduling.  Each school shall schedule  a
 reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
 pre-kindergarten  through  grade twelve WITH AMPLE TIME to consume lunch
 AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
   § 5. This act shall take effect immediately.
 
                                  PART M

   Section 1. Section 11 of the public buildings law, as added by chapter
 819 of the laws of 1987 and subdivision 2 as amended by chapter  126  of
 the laws of 1988, is amended to read as follows:
   § 11. Pilot  program  of  bicycle parking facilities.   1. Legislative
 finding. In recognition of the role which bicycles can serve as a  valu-
 able  transportation  mode  with  energy  conservation, health, PHYSICAL
 FITNESS and environmental benefits, it is  hereby  declared  to  be  the
 policy of the state that provision for adequate and safe bicycle facili-
 ties including the use of present facilities for safe and secure bicycle

 A. 5322                            13
 
 parking  AND  STORAGE  be  included  in the planning [and], development,
 CONSTRUCTION OR RECONSTRUCTION of all state facilities.
   2.  (a) The commissioner of general services shall undertake a [pilot]
 program for THE provision and promotion of safe and secure bicycle park-
 ing facilities at state office buildings FOR STATE EMPLOYEES  AND  VISI-
 TORS AT SUCH BUILDINGS. The commissioner[, within one year of the enact-
 ment  of  this  section,]  OF  GENERAL  SERVICES  shall  provide, at the
 principal office buildings under  his  OR  HER  superintendence  at  the
 Nelson  A.  Rockefeller Empire State Plaza in Albany[, New York], secure
 bicycle parking facilities for use by employees and visitors.  PROVIDED,
 FURTHER, THAT THE COMMISSIONER OF GENERAL SERVICES SHALL MAKE AN  INVEN-
 TORY OF ALL EXISTING BICYCLE PARKING AND STORAGE FACILITIES AT ALL STATE
 OFFICE BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCU-
 PIES  SPACE.  SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED OR LEASED
 BUILDINGS OR OFFICES WHICH HAVE OVER FIFTY STATE  EMPLOYEES  LOCATED  AT
 SUCH  SITE OR IN WHICH THE VISITATION RATE BY THE GENERAL PUBLIC IS OVER
 FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
 PARKING AND STORAGE FACILITIES SHALL BE COMPLETED WITHIN  TWO  YEARS  OF
 THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN
 WHICH AMENDED THIS SECTION.
   (b) The commissioner OF GENERAL SERVICES is also authorized, within  a
 reasonable period and where feasible, to provide suitable support facil-
 ities  including  clothing lockers, showers and changing facilities, and
 to charge a reasonable use fee.
   (c) For the purpose of this section, the term "bicycle parking facili-
 ty" means a device or enclosure, located within a building or  installa-
 tion,  or  conveniently  adjacent  thereto,  that  is easily accessible,
 clearly visible and so located as to minimize the  danger  of  theft  of
 bicycles.  Such  a  device  shall  consist of a parking rack, locker, or
 other device constructed to enable the frame and both wheels of a  bicy-
 cle  to  be  secured with ease by use of a padlock in a manner that will
 minimize the risk of theft, or an enclosure which limits access  to  the
 bicycles and is under observation by an attendant.
   3.  UPON  COMPLETION  OF  A  STATE OFFICE BUILDING BICYCLE PARKING AND
 STORAGE FACILITIES INVENTORY PROVIDED FOR IN PARAGRAPH (A)  OF  SUBDIVI-
 SION  TWO  OF  THIS  SECTION, THE COMMISSIONER OF GENERAL SERVICES SHALL
 DEVELOP A PLAN TO EXPAND  BICYCLE  PARKING  AND  STORAGE  FACILITIES  TO
 ENCOURAGE  THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE GENERAL
 PUBLIC THAT PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC  BUSINESS.  SUCH
 PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
 PARKING  AND  STORAGE  FACILITIES INVENTORY. SUCH PLAN SHALL CONTAIN AND
 ADDRESS THE FOLLOWING ELEMENTS TO  ENCOURAGE  STATE  EMPLOYEES  AND  THE
 GENERAL  PUBLIC  TO  USE  BICYCLES  MORE FREQUENTLY AT EACH STATE OFFICE
 BUILDING FACILITY OR LEASED PREMISE:
   (A) THE INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES  SHALL  BE
 RANKED  FROM  HIGHEST TO LOWEST BASED ON THE EXISTING UNFULFILLED DEMAND
 FOR SUCH FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING  SHALL  ALSO
 CONSIDER  INCREASED  FUTURE DEMAND OR THE POTENTIAL FOR INCREASED FUTURE
 DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
   (B) IN URBAN SETTINGS, THERE SHALL BE A PLAN TO DEVELOP, WHERE PRACTI-
 CABLE, AN AMPLE SUPPLY OF SECURE COVERED AND UNCOVERED OFF-STREET  BICY-
 CLE  PARKING AND STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH
 BICYCLES;
   (C) ADEQUATE POSTING OF SUCH BICYCLE PARKING  AND  STORAGE  FACILITIES
 SHALL  BE  PROVIDED  FOR  AND  PLACED  AROUND SUCH STATE OFFICE BUILDING

 A. 5322                            14
 
 FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
 BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
   (D)  A  MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL PROVIDE FOR
 THE DISSEMINATION OF INFORMATION TO STATE EMPLOYEES, VISITORS  TO  STATE
 OFFICE  BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS TO
 USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
   (E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
 OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
   4. In undertaking such [pilot] program, the office OF GENERAL SERVICES
 shall:  (a) Consult with and cooperate with (i) [the  statewide  bicycle
 advisory  council,  (ii)] the [New York state] department of transporta-
 tion regional bicycle coordinator[, (iii)]; (II) local bicycle  planning
 groups[,];  and  [(iv)]  (III) persons, organizations, and groups served
 by, interested in, or concerned with the area under study.
   (b) Request and receive from any department, division, board,  bureau,
 commission  or  other  agency  of the state or any political subdivision
 thereof or any public authority, any  assistance  and  data  as  may  be
 necessary  to  enable  the  office  OF GENERAL SERVICES to carry out its
 responsibilities under this section.
   [(c) On or before the first day of January, nineteen  hundred  eighty-
 nine,  a  report  shall be submitted to the governor and the legislature
 which shall include a determination of usage levels, a statement outlin-
 ing first year progress and the elements of a  statewide  plan  for  the
 provision of such facilities.]
   5.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE OR
 THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A BUILD-
 ING GOVERNED BY THIS SECTION TO PROVIDE SPACE  FOR  STORED  BICYCLES  AT
 SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICYCLE TO BE
 PARKED  IN  A  MANNER  THAT VIOLATES BUILDING OR FIRE CODES OR ANY OTHER
 APPLICABLE LAW, RULE OR CODE, OR  WHICH  OTHERWISE  IMPEDES  INGRESS  OR
 EGRESS TO SUCH BUILDING.
   6.  THERE  IS  HEREBY  ESTABLISHED  A TEMPORARY BICYCLE COMMUTING TASK
 FORCE TO EXAMINE THE DEVELOPMENT OF SUITABLE LEVELS OF  BICYCLE  PARKING
 IN PUBLIC SPACES.
   (A)  SUCH  TASK  FORCE SHALL BE COMPRISED OF ELEVEN MEMBERS, INCLUDING
 THE COMMISSIONER OF GENERAL SERVICES, THE  COMMISSIONER  OF  TRANSPORTA-
 TION,  THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS
 OF THE CITY OF NEW YORK AND THE COMMISSIONER OF  PARKS,  RECREATION  AND
 HISTORIC  PRESERVATION  OR  A  DESIGNEE  OF  ANY SUCH COMMISSIONERS. THE
 REMAINING SIX MEMBERS SHALL CONSIST OF A GROUP  OF  MUNICIPAL  PLANNERS,
 BICYCLE ASSOCIATION REPRESENTATIVES, BUILDING CONTRACTORS AND ENGINEERS.
 THEY  SHALL  BE  APPOINTED AS FOLLOWS: TWO MEMBERS SHALL BE APPOINTED BY
 THE TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER SHALL BE APPOINTED  BY
 THE MINORITY LEADER OF THE SENATE; TWO MEMBERS SHALL BE APPOINTED BY THE
 SPEAKER OF THE ASSEMBLY; AND ONE MEMBER SHALL BE APPOINTED BY THE MINOR-
 ITY LEADER OF THE ASSEMBLY.
   (B)  THE  CHAIR OF THE TEMPORARY BICYCLE COMMUTING TASK FORCE SHALL BE
 THE COMMISSIONER OF GENERAL SERVICES. MEMBERS OF THE  TEMPORARY  BICYCLE
 COMMUTING  TASK  FORCE  SHALL  SERVE WITHOUT COMPENSATION AND SHALL MEET
 WHEN DEEMED NECESSARY BY THE CHAIR.
   (C) WITHIN EIGHTEEN MONTHS OF THE  TEMPORARY  BICYCLE  COMMUTING  TASK
 FORCE'S  ESTABLISHMENT,  SUCH  TASK  FORCE  SHALL  ISSUE A REPORT TO THE
 GOVERNOR AND THE LEGISLATURE. SUCH REPORT  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED TO (I) AN ASSESSMENT OF THE DEMAND FOR BICYCLE PARKING IN PUBLIC
 SPACES;  (II)  AN  EXAMINATION  OF  THE MARKETING AND COMMUNITY OUTREACH
 EFFORTS NEEDED TO ENCOURAGE THE USE OF BICYCLES;  (III)  RECOMMENDATIONS

 A. 5322                            15
 
 ON  ESTABLISHING  PARTNERSHIPS  WITH ENTITIES TO DEVELOP BICYCLE STORAGE
 AND PARKING FACILITIES IN PUBLIC SPACES; AND (IV) SUGGESTIONS ON EXPAND-
 ING THE OFFICE OF GENERAL SERVICES TO LOCAL MUNICIPAL AND PRIVATE OFFICE
 BUILDINGS.  SUCH  REPORT  SHALL  BE  POSTED ON THE WEBSITE OF EACH STATE
 AGENCY THAT WAS A MEMBER OF SUCH TASK FORCE WITHIN TWENTY DAYS FROM  ITS
 SUBMISSION  TO  THE GOVERNOR. THE TEMPORARY BICYCLE COMMUTING TASK FORCE
 SHALL CEASE TO EXIST THREE MONTHS AFTER THE ISSUANCE OF ITS REPORT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART N
 
   Section 1. Section 3231 of the insurance law, as added by chapter  501
 of the laws of 1992, is amended by adding a new subsection (c-1) to read
 as follows:
   (C-1)  SUBJECT  TO  THE  APPROVAL OF THE SUPERINTENDENT, AN INSURER OR
 HEALTH MAINTENANCE ORGANIZATION ISSUING AN INDIVIDUAL  OR  GROUP  HEALTH
 INSURANCE POLICY PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY
 APPROPRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS
 APPROVED  BY  THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
 ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED  WELL-
 NESS  PROGRAM  CAN  BE  A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
 POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
 WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND  WELL-BE-
 ING,  HELPS  TO  PREVENT  OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
 SICKNESS, DISEASE OR PAIN, OR  WHICH  MINIMIZES  ADVERSE  HEALTH  CONSE-
 QUENCES  DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
 OF THE FOLLOWING ELEMENTS TO ADVANCE  THE  PHYSICAL  HEALTH  AND  MENTAL
 WELL-BEING OF ITS PARTICIPANTS:
   (1)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
 INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
 WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
 THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
 AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
 CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
   (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
 AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
 ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
 PROVIDED  UNDER  SECTION  THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
 ARTICLE; AND
   (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
 OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
 MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
   SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
 THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
 INSURER  OR  HEALTH  MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
 OUTCOMES AS A RESULT OF AN ENROLLEE'S  OR  INSURED'S  ADHERENCE  TO  THE
 APPROVED WELLNESS PROGRAM.
   §  2.  Subsection (c) of section 3239 of the insurance law, as amended
 by chapter 180 of the laws of 2016, is  amended to read as follows:
   (c)(1) A wellness program may use rewards and incentives  for  partic-
 ipation  provided  that  where  the  group  health  insurance  policy or
 subscriber contract is required to be community-rated, the  rewards  and
 incentives  shall  not  include a discounted premium rate or a rebate or

 A. 5322                            16
 
 refund of premium, EXCEPT AS PROVIDED  IN  SECTION  THREE  THOUSAND  TWO
 HUNDRED THIRTY-ONE OF THIS ARTICLE, OR SECTION FOUR THOUSAND TWO HUNDRED
 THIRTY-FIVE,  FOUR  THOUSAND  THREE  HUNDRED  SEVENTEEN OR FOUR THOUSAND
 THREE  HUNDRED TWENTY-SIX OF THIS CHAPTER, OR SECTION FORTY-FOUR HUNDRED
 FIVE OF THE PUBLIC HEALTH LAW.
   (2) Permissible rewards and incentives may include:
   (A) full or partial reimbursement of  the  cost  of  participating  in
 smoking cessation, weight management, stress and/or hypertension, worker
 injury  prevention,  nutrition  education,  substance  or  alcohol abuse
 cessation, or chronic pain management and coping programs;
   (B) full or partial reimbursement of  the  cost  of  membership  in  a
 health club or fitness center;
   (C) the waiver or reduction of copayments, coinsurance and deductibles
 for  preventive  services  covered  under the group policy or subscriber
 contract;
   (D) monetary rewards in the form of gift cards or  gift  certificates,
 so  long  as the recipient of the reward is encouraged to use the reward
 for a product or a service that promotes good health,  such  as  healthy
 cook books, over the counter vitamins or exercise equipment;
   (E)  full  or  partial reimbursement of the cost of participating in a
 stress management program or activity; and
   (F) full or partial reimbursement of the cost of  participating  in  a
 health or fitness program.
   (3)  Where  the  reward  involves a group member's meeting a specified
 standard based on a health condition, the wellness program must meet the
 requirements of 45 CFR Part 146.
   (4) A reward or incentive which involves a discounted premium rate  or
 a  rebate or refund of premium shall be based on actuarial demonstration
 that the wellness program can reasonably be expected to  result  in  the
 overall  good  health and well being of the group AS PROVIDED IN SECTION
 THREE THOUSAND TWO HUNDRED THIRTY-ONE OF  THIS  ARTICLE,  SECTIONS  FOUR
 THOUSAND  TWO HUNDRED THIRTY-FIVE, FOUR THOUSAND THREE HUNDRED SEVENTEEN
 AND FOUR THOUSAND THREE HUNDRED TWENTY-SIX OF THIS CHAPTER, AND  SECTION
 FORTY-FOUR HUNDRED FIVE OF THE PUBLIC HEALTH LAW.
   § 3. Subsection (h) of section 4235 of the insurance law is amended by
 adding a new paragraph 5 to read as follows:
   (5)  EACH  INSURER  DOING BUSINESS IN THIS STATE, WHEN FILING WITH THE
 SUPERINTENDENT ITS SCHEDULES OF PREMIUM RATES, RULES AND  CLASSIFICATION
 OF  RISKS  FOR  USE  IN  CONNECTION WITH THE ISSUANCE OF ITS POLICIES OF
 GROUP ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE, MAY
 PROVIDE FOR AN ACTUARIALLY APPROPRIATE REDUCTION  IN  PREMIUM  RATES  OR
 OTHER BENEFITS OR ENHANCEMENTS APPROVED BY THE SUPERINTENDENT TO ENCOUR-
 AGE AN ENROLLEE'S OR INSURED'S ACTIVE PARTICIPATION IN A QUALIFIED WELL-
 NESS  PROGRAM.  A  QUALIFIED  WELLNESS  PROGRAM CAN BE A RISK MANAGEMENT
 SYSTEM THAT IDENTIFIES  AT-RISK  POPULATIONS  OR  ANY  OTHER  SYSTEMATIC
 PROGRAM OR COURSE OF MEDICAL CONDUCT WHICH HELPS TO PROMOTE PHYSICAL AND
 MENTAL  FITNESS, HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE THE
 CONDITIONS OF ACUTE OR CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINI-
 MIZES ADVERSE HEALTH CONSEQUENCES DUE TO LIFESTYLE.    SUCH  A  WELLNESS
 PROGRAM  MAY  HAVE  SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE
 PHYSICAL HEALTH AND MENTAL WELL-BEING OF ITS PARTICIPANTS:
   (A) AN EDUCATION PROGRAM TO INCREASE  THE  AWARENESS  OF  AND  DISSEM-
 INATION  OF  INFORMATION  ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
 WARNS ABOUT RISKS OF PURSUING  ENVIRONMENTAL  OR  BEHAVIORAL  ACTIVITIES
 THAT  ARE  DETRIMENTAL  TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
 AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY  IDENTIFI-

 A. 5322                            17
 
 CATION  AND  TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
   (B) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
 AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
 ITIES.  SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS  PROGRAMS,  AS
 PROVIDED  UNDER  SECTION  THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
 CHAPTER; AND
   (C) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
 OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
 MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
   SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
 THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
 INSURER  OR  HEALTH  MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
 OUTCOMES AS A RESULT OF AN ENROLLEE'S  OR  INSURED'S  ADHERENCE  TO  THE
 APPROVED WELLNESS PROGRAM.
   §  4.  Section  4317  of  the insurance law is amended by adding a new
 subsection (c-1) to read as follows:
   (C-1) SUBJECT TO THE APPROVAL OF THE  SUPERINTENDENT,  AN  INSURER  OR
 HEALTH  MAINTENANCE  ORGANIZATION  ISSUING AN INDIVIDUAL OR GROUP HEALTH
 INSURANCE CONTRACT PURSUANT TO THIS SECTION MAY PROVIDE FOR AN  ACTUARI-
 ALLY  APPROPRIATE  REDUCTION  IN  PREMIUM  RATES  OR  OTHER  BENEFITS OR
 ENHANCEMENTS APPROVED BY THE SUPERINTENDENT TO ENCOURAGE  AN  ENROLLEE'S
 OR  INSURED'S  ACTIVE  PARTICIPATION  IN A QUALIFIED WELLNESS PROGRAM. A
 QUALIFIED WELLNESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT  IDENTI-
 FIES  AT-RISK  POPULATIONS  OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF
 MEDICAL CONDUCT WHICH HELPS TO  PROMOTE  PHYSICAL  AND  MENTAL  FITNESS,
 HEALTH  AND  WELL-BEING,  HELPS TO PREVENT OR MITIGATE THE CONDITIONS OF
 ACUTE OR CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH  MINIMIZES  ADVERSE
 HEALTH  CONSEQUENCES DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE
 SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND
 MENTAL WELL-BEING OF ITS PARTICIPANTS:
   (1) AN EDUCATION PROGRAM TO INCREASE  THE  AWARENESS  OF  AND  DISSEM-
 INATION  OF  INFORMATION  ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
 WARNS ABOUT RISKS OF PURSUING  ENVIRONMENTAL  OR  BEHAVIORAL  ACTIVITIES
 THAT  ARE  DETRIMENTAL  TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
 AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY  IDENTIFI-
 CATION  AND  TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
   (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
 AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES  UNHEALTHY  LIVING  ACTIV-
 ITIES.  SUCH  ACTIVITIES  OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
 PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED  THIRTY-NINE  OF  THIS
 CHAPTER; AND
   (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
 OR  HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
 MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN  THE
 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
   SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
 THE  GENERAL  GOOD  HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
 INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL  NOT  REQUIRE  SPECIFIC
 OUTCOMES  AS  A  RESULT  OF  AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
 APPROVED WELLNESS PROGRAM.
   § 5. Subsection (m) of section 4326 of the insurance law is amended by
 adding a new paragraph 4 to read as follows:

 A. 5322                            18
 
   (4) APPROVAL OF THE SUPERINTENDENT, AN INSURER OR  HEALTH  MAINTENANCE
 ORGANIZATION  ISSUING A CONTRACT FOR QUALIFYING SMALL EMPLOYERS OR INDI-
 VIDUALS PURSUANT TO THIS SECTION MAY PROVIDE FOR AN  ACTUARIALLY  APPRO-
 PRIATE  REDUCTION  IN  PREMIUM  RATES  OR OTHER BENEFITS OR ENHANCEMENTS
 APPROVED  BY  THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
 ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED  WELL-
 NESS  PROGRAM  CAN  BE  A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
 POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
 WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND  WELL-BE-
 ING,  HELPS  TO  PREVENT  OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
 SICKNESS, DISEASE OR PAIN, OR  WHICH  MINIMIZES  ADVERSE  HEALTH  CONSE-
 QUENCES  DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
 OF THE FOLLOWING ELEMENTS TO ADVANCE  THE  PHYSICAL  HEALTH  AND  MENTAL
 WELL-BEING OF ITS PARTICIPANTS:
   (I)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
 INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
 WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
 THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
 AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
 CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
   (II)  A  PROGRAM  THAT  ENCOURAGES  BEHAVIORAL  PRACTICES  THAT EITHER
 ENCOURAGES HEALTHY LIVING ACTIVITIES  OR  DISCOURAGES  UNHEALTHY  LIVING
 ACTIVITIES.  SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS,
 AS PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
 CHAPTER; AND
   (III) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON  TO  TRACK
 HIS  OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE
 AND MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO  ATTAIN
 THE GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
   SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
 THE  GENERAL  GOOD  HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
 INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL  NOT  REQUIRE  SPECIFIC
 OUTCOMES  AS  A  RESULT  OF  AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
 APPROVED WELLNESS PROGRAM.
   § 6. Section 4405 of the public health law is amended by adding a  new
 subdivision 5-a to read as follows:
   5-A.  SUBJECT  TO  THE  APPROVAL  OF  THE  SUPERINTENDENT OF FINANCIAL
 SERVICES, THE POSSIBLE PROVIDING OF AN ACTUARIALLY APPROPRIATE REDUCTION
 IN PREMIUM RATES OR OTHER  BENEFITS  OR  ENHANCEMENTS  APPROVED  BY  THE
 SUPERINTENDENT  OF  FINANCIAL SERVICES TO ENCOURAGE AN ENROLLEE'S ACTIVE
 PARTICIPATION IN A QUALIFIED  WELLNESS  PROGRAM.  A  QUALIFIED  WELLNESS
 PROGRAM  CAN  BE  A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK POPU-
 LATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR  COURSE  OF  MEDICAL  CONDUCT
 WHICH  HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND WELL-BE-
 ING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS  OF  ACUTE  OR  CHRONIC
 SICKNESS,  DISEASE  OR  PAIN,  OR  WHICH MINIMIZES ADVERSE HEALTH CONSE-
 QUENCES DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR  ALL
 OF  THE  FOLLOWING  ELEMENTS  TO  ADVANCE THE PHYSICAL HEALTH AND MENTAL
 WELL-BEING OF ITS PARTICIPANTS:
   (1) AN EDUCATION PROGRAM TO INCREASE  THE  AWARENESS  OF  AND  DISSEM-
 INATION  OF  INFORMATION  ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
 WARNS ABOUT RISKS OF PURSUING  ENVIRONMENTAL  OR  BEHAVIORAL  ACTIVITIES
 THAT  ARE  DETRIMENTAL  TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
 AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY  IDENTIFI-

 A. 5322                            19
 
 CATION  AND  TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
   (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
 AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
 ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
 PROVIDED  UNDER  SECTION  THREE  THOUSAND TWO HUNDRED THIRTY-NINE OF THE
 INSURANCE LAW; AND
   (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
 OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
 MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
 GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
   SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
 THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
 HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC OUTCOMES AS A
 RESULT OF AN ENROLLEE'S ADHERENCE TO THE APPROVED WELLNESS PROGRAM;
   § 7. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law.  Effective immediately the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.
 
                                  PART O
 
   Section  1.  Section 31-f of the agriculture and markets law, as added
 by chapter 528 of the laws of 2013, is amended to read as follows:
   §  31-f.  Legislative  findings.  The  legislature  hereby  finds  and
 declares  that community gardens provide significant health, educational
 and social benefits to the general  public,  especially  for  those  who
 reside in urban and suburban areas of this state. Furthermore, it is the
 articulated  public policy of this state to promote and foster growth in
 the number of community gardens and the acreage  of  such  gardens.  The
 community  garden  movement  continues  to provide low cost food that is
 fresh and nutritious for those who may be unable to  readily  afford  OR
 HAVE  EASY ACCESS TO fresh fruits and vegetables for themselves or their
 families, promotes public health and healthier individual lifestyles  by
 encouraging  better  eating  habits  and  increased physical activity by
 growing their own food, fosters the  retention  and  expansion  of  open
 spaces,  particularly in urban environments, enhances urban and suburban
 environmental quality and community beautification, provides inexpensive
 community building activities, recreation and physical exercise for  all
 age groups, establishes a safe place for community involvement and helps
 to  reduce  the  incidence  of  crime,  engenders  a closer relationship
 between urban residents, nature and their local environment, and fosters
 green job training and ecological education at all levels. It is  there-
 fore  the  intent  of the legislature and the purpose of this article to
 foster growth in the number, size and scope of community gardens in this
 state by encouraging state agencies, municipalities and private  parties
 in their efforts to promote community gardens.
   §  2.  Paragraph f of subdivision 2 of section 31-h of the agriculture
 and markets law, as added by chapter 528 of the laws of 2013, is amended
 to read as follows:
   f. Assist, support and encourage communication,  and  the  sharing  of
 resources  between  community  garden  organizations,  THE DEPARTMENT OF
 HEALTH, THE DEPARTMENT OF STATE, THE DIVISION OF HOUSING  AND  COMMUNITY
 RENEWAL  and  the New York Harvest For New York Kids Week program estab-
 lished by the department  pursuant  to  subdivision  five-b  of  section

 A. 5322                            20
 
 sixteen of this chapter, and individual farm-to-school and school garden
 programs.
   § 3. Paragraph (a) of subdivision 4 of section 31-j of the agriculture
 and  markets  law,  as  amended  by  chapter 154 of the laws of 2015, is
 amended to read as follows:
   (a) The goals of the task force may include, but are not  limited  to,
 the study, evaluation and development of recommendations: (i) to encour-
 age  the establishment and expansion of community gardens by state agen-
 cies, municipal governments and private parties, (ii) to encourage coop-
 eration between the activities and operations of community  gardens  and
 provision  of  donated  food to local voluntary food assistance programs
 for the poor and disadvantaged, (iii)  to  increase  the  benefits  that
 community  gardens  may provide to the local community in which they are
 located, [and] (iv) to encourage cooperation with community-based organ-
 izations to increase the opportunities for  seniors,  those  aged  sixty
 years  of  age or older, to participate in community gardens, AND (V) TO
 ENCOURAGE THE EXPANSION OF THE PRODUCTION OF FRESH FRUITS AND VEGETABLES
 IN AREAS SERVED BY COMMUNITY GARDENS SO THAT SUCH FRESH PRODUCE  CAN  BE
 CONSUMED  LOCALLY  TO HELP ENCOURAGE HEALTHIER LIFE STYLES AND WELLNESS,
 AND TO HELP REDUCE THE INCIDENCE OF ADULT AND CHILDHOOD OBESITY.
   § 4. This act shall take effect immediately.
 
                                  PART P
 
   Section 1. Subdivision 4 of section 28-a of the general  city  law  is
 amended by adding a new paragraph (j-1) to read as follows:
   (J-1)  SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
 LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL  ACTIVITY
 AND REDUCE CARBON EMISSIONS.
   §  2.  Subdivision  3  of  section 272-a of the town law is amended by
 adding a new paragraph (j-1) to read as follows:
   (J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER  BIKE
 LANES  AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
 AND REDUCE CARBON EMISSIONS.
   § 3. Subdivision 3 of section 7-722 of the village law is  amended  by
 adding a new paragraph (j-1) to read as follows:
   (J-1)  SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER BIKE
 LANES AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL  ACTIVITY
 AND REDUCE CARBON EMISSIONS.
   §  4.  Subdivision  1 of section 239-d of the general municipal law is
 amended by adding a new paragraph (j-1) to read as follows:
   (J-1) SPECIFIC POLICIES AND STRATEGIES TO DEVELOP MORE AND SAFER  BIKE
 LANES  AND MULTIPLE USE TRAILS SO AS TO ENCOURAGE MORE PHYSICAL ACTIVITY
 AND REDUCE CARBON EMISSIONS.
   § 5. Subdivision (b) of section 331 of the highway law,  as  added  by
 chapter 398 of the laws of 2011, is amended to read as follows:
   (b)  Complete  street design features are roadway design features that
 accommodate and facilitate convenient access and mobility by all  users,
 including  current  and projected users, particularly pedestrians, bicy-
 clists and individuals of all ages and  abilities  ENGAGED  IN  PHYSICAL
 ACTIVITY.  These features may include, but need not be limited to: side-
 walks, paved shoulders suitable for use by bicyclists  AND  PEDESTRIANS,
 lane  striping,  bicycle  lanes,  MULTIPLE  USE  TRAILS,  share the road
 signage, crosswalks, road diets, pedestrian control  signalization,  bus
 pull  outs,  curb  cuts, raised crosswalks and ramps and traffic calming

 A. 5322                            21
 
 measures; and recognize that the needs of users of the road network vary
 according to a rural, urban and suburban context.
   § 6. This act shall take effect immediately.

                                  PART Q
 
   Section 1. Subdivision 10 of section 3.09 of the parks, recreation and
 historic preservation law is amended to read as follows:
   10.  Encourage,  promote  and  provide  recreational opportunities for
 residents of urban as well  as  suburban  and  rural  areas,  WHICH  MAY
 INCLUDE, BUT NOT BE LIMITED TO, THE DEVELOPMENT OF MORE AND SAFER MULTI-
 PLE  USE TRAILS IN STATE PARKS AND THROUGHOUT THE STATE SO AS TO ENCOUR-
 AGE MORE PHYSICAL ACTIVITY.
   § 2. This act shall take effect immediately.
 
                                  PART R
 
   Section 1. Section 284 of the agriculture and markets law  is  amended
 by adding a new subdivision 10 to read as follows:
   10.  DEVELOPMENT  AND  FACILITATION  OF  THE ESTABLISHMENT OF REGIONAL
 FARMERS' MARKETS TO PROMOTE  THE  DIRECT  MARKETING  OF  FARM  AND  FOOD
 PRODUCTS  ON  A WHOLESALE OR BULK SALES BASIS TO LARGE VOLUME PURCHASERS
 OF FARM AND FOOD PRODUCTS. SUCH REGIONAL  FARMERS'  MARKETS  SHOULD  BE,
 WHENEVER  POSSIBLE,  LOCATED  IN AREAS THAT HAVE POOR CONSUMER ACCESS TO
 HIGH QUALITY AND REASONABLY  PRICED  FOOD  AND  FARM  PRODUCTS  OR  FOOD
 DESERTS;  OR  WHICH  WOULD SELL TO OR CATER TO THE NEEDS OF RETAILERS OR
 BULK PURCHASERS OF FOOD AND FARM PRODUCTS THAT ARE LOCATED IN AREAS THAT
 HAVE POOR CONSUMER ACCESS TO HIGH QUALITY AND REASONABLY PRICED FOOD AND
 FARM PRODUCTS OR FOOD DESERTS. THE DEPARTMENT IS AUTHORIZED TO  WORK  IN
 COOPERATION  WITH  THE  NEW YORK STATE URBAN DEVELOPMENT CORPORATION FOR
 THE PURPOSES OF THIS SUBDIVISION AND SECTION SIXTEEN-M OF THE  NEW  YORK
 STATE URBAN DEVELOPMENT CORPORATION ACT.
   § 2. This act shall take effect immediately.
   §  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.
   §  4.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through R of this act shall  be
 as specifically set forth in the last section of such Parts.