S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1971
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  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 tiers  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. The executive law is amended by adding a new  section  29-l
 to read as follows:
   §  29-L.  TIERS  OF  ESSENTIAL WORKERS. DURING PERIODS WHEN A FEDERAL,
 STATE, OR LOCAL STATE  OF  EMERGENCY  HAS  BEEN  DECLARED,  THE  PERSONS
 EMPLOYED IN THE FOLLOWING POSITIONS AND FIELDS, INCLUDING ANY FOR-PROFIT
 OR  NON-PROFIT,  SHALL  BE  DEEMED  ESSENTIAL PERSONNEL IN THE FOLLOWING
 MANNER AND SHALL BE  ENTITLED  TO  FEDERAL,  STATE  AND  LOCAL  MANDATED
 ASSISTANCE,  BENEFITS AND PROTECTIONS THAT MAINTAIN SUCH EMPLOYEES POSI-
 TIONS INCLUDING, BUT NOT LIMITED TO, CHILD CARE,  JOB  PROTECTION  WHERE
 WORKERS CANNOT BE FIRED WHEN NOT ATTENDING WORK DUE TO THE LACK OF SAFE-
 TY  PRECAUTIONS PROVIDED OR OTHER CIRCUMSTANCES RELATED TO THE EMERGENCY
 DECLARATION, MEDICAL SUPPLIES AND/OR PERSONAL PROTECTIVE EQUIPMENT:
   1. TIER I. EMERGENCY HEALTH AND SAFETY RESPONDERS, INCLUDING:
   (A) HEALTH CARE PERSONNEL NEEDED FOR DIRECT CARE, RESEARCH AND LABORA-
 TORY SERVICES AND CRITICAL ADMINISTRATIVE STAFF OF THE PERSONNEL  NEEDED
 FOR DIRECT CARE, INCLUDING:
   (I)  FULL-TIME  AND PART-TIME LONG-TERM FACILITY PERSONNEL, INCLUDING,
 BUT NOT LIMITED TO, PERSONNEL WORKING  IN  GROUP  HOMES  AND  SUPPORTIVE
 HOUSING  SETTINGS,  RESIDENTIAL  HOMES,  NURSING  HOMES, AND RESIDENTIAL
 MENTAL HEALTH, SUBSTANCE USE DISORDER, PEDIATRIC AND ADOLESCENT RESIDEN-
 TIAL TREATMENT FACILITIES;
   (II) FULL-TIME AND PART-TIME POST-ACUTE CARE PERSONNEL, INCLUDING, BUT
 NOT LIMITED TO, PERSONNEL WORKING  IN  LONG-TERM  HOSPITALS,  IN-PATIENT
 REHABILITATION, HOME HEALTH CARE, AND SKILLED NURSES;
   (III) HOME HEALTH AND PERSONAL CARE ATTENDANTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06214-01-1

 A. 1971                             2
 
   (IV)  PERSONNEL WORKING IN ADULT, ADOLESCENT AND PEDIATRIC RESIDENTIAL
 MENTAL HEALTH, BEHAVIORAL HEALTH OR  SUBSTANCE  USE  DISORDER  TREATMENT
 FACILITIES,  INTENSIVE  RESIDENTIAL  TREATMENT SERVICES, EMERGENCY SHEL-
 TERS, HEALTH CARE FOR  THE  HOMELESS  PROVIDERS,  AND  HOMELESS  DROP-IN
 CENTERS;
   (V)   COUNTY  AND  TRIBAL  FINANCIAL/ELIGIBILITY  WORKERS  FOR  PUBLIC
 PROGRAMS;
   (VI) STATE, TRIBAL AND COUNTY STAFF IN EMERGENCY MANAGEMENT OR  HEALTH
 AND HUMAN SERVICES, INCLUDING CASE MANAGERS AND DIRECT SERVICE DELIVERY;
   (VII) PERSONNEL WORKING IN COUNTY AND TRIBAL CHILD WELFARE;
   (VIII)  PHARMACY, DRUG STORE AND MEDICAL DISTRIBUTION EMPLOYEES NECES-
 SARY FOR  FILLING  PRESCRIPTIONS,  CULTIVATING  AND  PROCESSING  MEDICAL
 SUPPLIES;
   (B) FULL-TIME EMERGENCY MEDICAL SERVICES PERSONNEL, INCLUDING:
   (I) PARAMEDICS;
   (II) EMERGENCY MEDICAL TECHNICIANS;
   (III) IMMEDIATE SUPERVISORY STAFF;
   (IV) EMERGENCY MEDICAL SERVICES OPERATORS AND DISPATCHERS;
   (V)  EMERGENCY  MEDICAL SERVICES REGION MEDICAL DIRECTORS NECESSARY TO
 MAKE OVERRIDE DECISIONS TO DIRECT AMBULANCES TO  OTHER  EMERGENCY  ROOMS
 BASED ON MEDICAL NEEDS;
   (VI) MEDICAL EXAMINERS;
   (C) LAW ENFORCEMENT PERSONNEL, INCLUDING:
   (I)  FULL-TIME POLICE OFFICERS, AUXILLARY POLICE AND THEIR SUPERVISORY
 STAFF;
   (II) FULL-TIME SHERIFFS AND THEIR SUPERVISORY STAFF;
   (III) FULL-TIME DEPARTMENT OF ENVIRONMENTAL CONSERVATION  SWORN  OFFI-
 CERS AND THEIR SUPERVISORY STAFF;
   (IV) FULL-TIME STATE POLICE OFFICERS AND THEIR SUPERVISORY STAFF;
   (V) 911 OPERATORS AND DISPATCHERS AND THEIR SUPERVISORY STAFF;
   (VI) FULL-TIME INVESTIGATORS, AT THE DISCRETION OF THEIR AGENCY CHIEF;
   (D) FIREFIGHTER PERSONNEL, INCLUDING:
   (I) FULL-TIME FIREFIGHTERS;
   (II) PAID ON CALL DUTY CREW;
   (E) CORRECTIONAL SERVICES PERSONNEL, INCLUDING:
   (I) CORRECTIONS OFFICERS;
   (II) CORRECTIONAL LIEUTENANTS;
   (III) CORRECTIONAL CAPTAINS;
   (IV) CORRECTIONAL SERGEANTS;
   (V) PHYSICAL PLANT PERSONNEL;
   (VI) CORRECTIONAL FACILITY CASE MANAGERS;
   (VII)  CORRECTIONAL FACILITY EDUCATORS AND EDUCATIONAL PARAPROFESSION-
 ALS;
   (VIII) WARDENS;
   (IX) ASSOCIATE WARDENS;
   (X) CORRECTIONAL FACILITY OFFICE ASSISTANTS;
   (XI) CORRECTIONAL FACILITY NURSES AND SUPERVISORS;
   (XII) CORRECTIONAL PROGRAM THERAPISTS;
   (XIII) CORRECTIONAL FACILITY PERSONNEL;
   (XIV) INFORMATIONAL TECHNOLOGY STAFF;
   (XV) CORRECTIONAL FACILITY HUMAN RESOURCES STAFF;
   (XVI) CORRECTIONAL FACILITY FINANCIAL SERVICES PERSONNEL;
   (XVII) CORRECTIONAL FACILITY RECORDS PERSONNEL;
   (XVIII) CORRECTIONAL FACILITY SAFETY OFFICERS;
   (F) CENTRALIZED CORRECTIONAL OPERATIONS PERSONNEL, INCLUDING:
   (I) MEDICAL DIRECTORS;

 A. 1971                             3
 
   (II) DIRECTORS OF HEALTH SERVICES;
   (III) REENTRY SERVICES PERSONNEL;
   (IV) POLICY AND LEGAL SERVICES PERSONNEL;
   (V) OFFENDER TRANSPORTATION PERSONNEL;
   (VI) CENTRALIZED RECORDS PERSONNEL;
   (VII) CENTRALIZED HUMAN RESOURCES PERSONNEL;
   (VIII)  INVESTIGATORS,  INCLUDING  SPECIAL  INVESTIGATIONS AND PROFES-
 SIONAL ACCOUNTABILITY;
   (IX) PERSONNEL ASSIGNED TO THE DISASTER PREPAREDNESS COMMISSION;
   (X) GOVERNMENT AND COMMUNITY RELATIONS PERSONNEL;
   (XI) HEARINGS AND RELEASE PERSONNEL;
   (XII) BEHAVIORAL HEALTH PERSONNEL;
   (XIII) COMMUNICATIONS PERSONNEL;
   (XIV) PERSONNEL IN THE OFFICE OF THE COMMISSIONER OF  CORRECTIONS  AND
 COMMUNITY SUPERVISION;
   (G)  CORRECTIONAL,  TRANSITIONAL  AND  SUPERVISION SERVICES PERSONNEL,
 INCLUDING:
   (I) STATE PROBATION OFFICERS AND SUPERVISORS;
   (II) STATE PROBATION AGENTS AND SUPERVISORS;
   (III) STATE SUPERVISED RELEASE AGENTS AND SUPERVISORS;
   (IV) COUNTY PROBATION OFFICERS AND SUPERVISORS;
   (V) COUNTY PROBATION AGENTS AND SUPERVISORS;
   (VI) COUNTY SUPERVISED RELEASE AGENTS AND SUPERVISORS;
   (H) PUBLIC HEALTH PERSONNEL, INCLUDING:
   (I) STATE, TRIBAL AND LOCAL PUBLIC HEALTH EMPLOYEES DIRECTLY  SUPPORT-
 ING  THE  RESPONSE  OF  A STATE OF EMERGENCY OR OTHER INFECTIOUS DISEASE
 OPERATIONS;
   (II) STATE, TRIBAL AND LOCAL PUBLIC  HEALTH  OFFICIALS  RESPONDING  TO
 IMMINENT PUBLIC HEALTH THREATS;
   (III) NEWBORN HEALTH SCREENERS;
   (IV) STATE, TRIBAL AND LOCAL PUBLIC HEALTH LAB PRIORITY SERVICES;
   (V)  STATE,  CITY,  COUNTY  AND  TRIBAL EMERGENCY MANAGEMENT ESSENTIAL
 PERSONNEL;
   (I) COURT PERSONNEL AND CONTRACTORS, INCLUDING, BUT  NOT  LIMITED  TO,
 FULL-TIME COURT PERSONNEL, COURT OFFICERS, INTERPRETERS AND CLERKS;
   (J) NATIONAL GUARD MEMBERS (IF ACTIVATED).
   2. TIER II. ESSENTIAL EMPLOYEES, INCLUDING:
   (A) EDUCATORS;
   (B) CHILD CARE WORKERS, INCLUDING FOSTER CARE STAFF;
   (C) DEPARTMENT OF TRANSPORTATION EMPLOYEES;
   (D) STATE AND LOCAL ESSENTIAL INFORMATION TECHNOLOGY PERSONNEL;
   (E) SUBSTANCE DISORDER TREATMENT WORKERS;
   (F) MAINTENANCE, JANITORIAL, CUSTODIAL AND CLEANING STAFF;
   (G) DELIVERY AND WAREHOUSE WORKERS;
   (H) WATER TREATMENT/WASTEWATER PERSONNEL, INCLUDING:
   (I) WATER TREATMENT PLANT OPERATORS;
   (II) DRINKING WATER DISTRIBUTION SYSTEM MAINTENANCE WORKERS;
   (III) SAFE DRINKING WATER DELIVERY PERSONNEL;
   (IV) WASTEWATER TREATMENT PLANT OPERATORS;
   (V) STORM AND SANITARY SEWER SYSTEM MAINTENANCE WORKERS;
   (I)  DAY-TO-DAY  OPERATIONS  PERSONNEL  FOR  GAS AND ELECTRIC CRITICAL
 INFRASTRUCTURE, INCLUDING:
   (I) ELECTRIC UTILITY LINEWORKERS, SUBSTATION TECHNICIANS, METER  TECH-
 NICIANS,  DISPATCHERS,  POWER  PLANT OPERATORS INCLUDING THOSE AT ENERGY
 STORAGE AND ELECTRIC VEHICLE INFRASTRUCTURE;

 A. 1971                             4
 
   (II) OPERATIONS MANAGERS AND  SUPERVISORS,  INCLUDING  THOSE  ENSURING
 SAFE AND RELIABLE SERVICE TO CUSTOMERS;
   (III) FLEET AND MAINTENANCE TECHNICIANS;
   (IV)  TRANSMISSION  AND DISTRIBUTION ENGINEERS AND OPERATORS INCLUDING
 THOSE FOR MAINTENANCE, RESILIENCE, RELIABILITY AND DEMAND RESPONSE;
   (V) FUEL SUPPLY PROVIDERS AND PIPELINE INFRASTRUCTURE OPERATORS;
   (VI) CONSTRUCTION COORDINATORS AND TECHNICIANS;
   (VII) FUEL TECHNICIANS;
   (VIII) RELAY COORDINATORS;
   (IX) CONTROL ROOM/CENTER OPERATORS;
   (X) CYBERSECURITY RELATED INFORMATION TECHNOLOGY PERSONNEL;
   (XI) GAS SAFETY PERSONNEL;
   (XII) GAS OPERATIONS PERSONNEL;
   (XIII) WATER SYSTEM OPERATORS, WATER TREATMENT PLANT OPERATORS;
   (XIV) WASTEWATER SYSTEM OPERATORS AND WASTEWATER TREATMENT PLANT OPER-
 ATORS;
   (XV) MANAGERS WITH  KEY  RESPONSIBILITY  FOR  CUSTOMER  AND  COMMUNITY
 COMMUNICATIONS AND RESPONSE;
   (J) EMERGENCY RESPONSE FOR GAS AND ELECTRIC PERSONNEL, INCLUDING:
   (I) DAMAGE ASSESSMENT PERSONNEL;
   (II) ENGINEERS;
   (III) SAFETY PERSONNEL;
   (IV) COMMUNICATIONS PERSONNEL;
   (V) MUTUAL AID CREWS FROM OTHER UTILITIES OR FACILITIES;
   (K) RESTAURANT WORKERS, INCLUDING:
   (I) MANAGEMENT;
   (II) FRONT OF HOUSE STAFF;
   (III) BACK OF HOUSE STAFF;
   (IV) FOOD DELIVERY WORKERS, INCLUDING APP DELIVERY WORKERS;
   (L)  FOOD DISTRIBUTION WORKERS, INCLUDING STREET VENDORS AND FOOD BANK
 STAFF;
   (M) FOOD DISTRIBUTION CENTERS PERSONNEL, INCLUDING:
   (I) DRIVERS;
   (II) ORDER SELECTORS;
   (III) FORKLIFT LOADERS;
   (IV) INFORMATION TECHNOLOGY PERSONNEL;
   (V) MECHANICS;
   (VI) SANITATION WORKERS;
   (N) IN-STORE SUPERMARKET AND GROCERY FOOD PERSONNEL, INCLUDING:
   (I) STORE CLERKS;
   (II) STOCKERS;
   (III) FOOD PREPARATION PERSONNEL;
   (IV) CLEANING STAFF;
   (V) DELI AND PRODUCE STAFF;
   (O) PUBLIC WORKS PERSONNEL, INCLUDING:
   (I) CITY FLEET (EMERGENCY EQUIPMENT,  FIRE  TRUCKS,  POLICE  VEHICLES,
 ETC.)  MAINTENANCE WORKERS;
   (II) TRAFFIC SIGNAL SYSTEM MAINTENANCE WORKERS;
   (III)  EMERGENCY  REPAIR  WORKERS  FOR  BRIDGES,  WATER AND SEWER MAIN
 BREAKS, AND OTHER EMERGENT ISSUES;
   (IV) ADMINISTRATIVE SUPPORT PERSONNEL THAT ENSURE FEDERAL OSHA  SAFETY
 REQUIREMENTS AND FIELD SUPPORT FOR OPERATIONS;
   (V) SNOWPLOW DRIVERS;
   (P)  SOLID  WASTE  MANAGEMENT  (WASTE, RECYCLABLE/ORGANICS) PERSONNEL,
 INCLUDING:

 A. 1971                             5
 
   (I) COLLECTION, TRANSFER TRAILER TRUCK DRIVERS AND  FLEET  MAINTENANCE
 CREWS;
   (II)  TRANSFER  STATIONS,  LANDFILLS, RESOURCE RECOVERY, RECYCLING AND
 ORGANICS FACILITY OPERATIONS STAFF;
   (III) HEAVY EQUIPMENT OPERATORS, FACILITY OPERATORS (E.G. SCALE  HOUSE
 OPERATOR, LOADER OPERATOR, LINE OPERATORS, BOILER OPERATOR);
   (IV)  ENVIRONMENTAL  SYSTEMS  PERSONNEL (E.G. GAS AND LEACHATE MANAGE-
 MENT, POLLUTION CONTROL EQUIPMENT);
   (Q) INFECTIOUS AND HAZARDOUS WASTE MANAGEMENT PERSONNEL, INCLUDING:
   (I) INFECTIOUS AND HAZARDOUS WASTE COLLECTION PERSONNEL;
   (II) INFECTIOUS FACILITIES OPERATIONS PERSONNEL  (E.G.  AUTOCLAVE  AND
 INCINERATION OPERATORS);
   (III)  HAZARDOUS  WASTE  TREATMENT,  STORAGE,  AND DISPOSAL FACILITIES
 OPERATIONS PERSONNEL;
   (R) COMMERCIAL PUBLIC SANITATION PERSONNEL;
   (S) SHELTER STAFF AND HOMELESS OUTREACH WORKERS, INCLUDING:
   (I) SHELTER DROP-IN STAFF;
   (II) SHELTER AND FREE MEAL PROGRAM FOOD PREPARATION STAFF;
   (III) DOMESTIC VIOLENCE AND VICTIMS SERVICES SHELTER STAFF;
   (T) TELECOMMUNICATION NETWORK OPERATIONS PERSONNEL, INCLUDING:
   (I) OUTSIDE PLANT TECHNICIANS FOR INFRASTRUCTURE RESTORATION;
   (II) INSTALL/REPAIR TECHNICIANS FOR CUSTOMER  PREMISE  RESTORATION  AS
 NEEDED;
   (III)  CUSTOMER  SERVICE REPRESENTATIVES THAT INTERFACE WITH CUSTOMERS
 ON SERVICE TROUBLES;
   (IV) DISPATCHERS INVOLVED WITH SERVICE REPAIR AND RESTORATION;
   (U) BANK PERSONNEL AND COMMUNITY FINANCIAL INSTITUTIONS;
   (V) COMMUNITY VIOLENCE INTERRUPTERS, INCLUDING:
   (I) GANG VIOLENCE PREVENTION STAFF;
   (II) TRAUMA INFORMED PERSONNEL.
   3. ENFORCEMENT. (A) ALL FEDERAL,  STATE  AND  LOCAL  ESSENTIAL  WORKER
 MANDATED  ASSISTANCE  REQUIRED  PURSUANT TO THIS SECTION, INCLUDING, BUT
 NOT LIMITED TO, CHILD CARE, JOB  PROTECTIONS,  MEDICAL  SUPPLIES  AND/OR
 PERSONAL  PROTECTIVE  EQUIPMENT  MUST BE MADE AVAILABLE TO THE ESSENTIAL
 WORKER WITHIN SEVEN CALENDAR DAYS OF THE DECLARATION OF A STATE OF EMER-
 GENCY.
   (B) AN ESSENTIAL WORKER,  WHO  WITHIN  SEVEN  CALENDAR  DAYS  HAS  NOT
 RECEIVED  THE  BENEFITS  REQUIRED UNDER THE LAW, MAY OBTAIN AN ACTION IN
 ANY COURT OF COMPETENT JURISDICTION FOR:
   (I) DECLARATORY RELIEF DIRECTING  THE  STATE  AGENCY  TO  PROVIDE  THE
 REQUIRED SERVICES; AND
   (II)  A  CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS
 PER DAY OF VIOLATION.
   4. REPORTING. (A) EVERY TWO YEARS THE STATE DIVISION OF HOMELAND SECU-
 RITY AND EMERGENCY SERVICES SHALL PRESENT THE GOVERNOR AND THE  LEGISLA-
 TURE  WITH  A  DETAILED REPORT DESCRIBING AT A MINIMUM AFFIRMATIVE STEPS
 TAKEN BY THE EXECUTIVE AND STATE AGENCIES TO COMPLY WITH THIS  LAW,  THE
 NUMBER  OF  TIER  I  AND  TIER  II WORKERS IN THE STATE OF NEW YORK, AND
 RECOMMENDATIONS ON TYPES OF ESSENTIAL WORKERS THAT SHOULD  BE  ADDED  OR
 REMOVED FROM THE EXISTING TIER I AND TIER II LISTS.
   (B)  THE  LEGISLATURE  SHALL  REVIEW  THE REPORT PROVIDED BY THE STATE
 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND SEEK  TO  AMEND
 ANY  RELEVANT  SECTION  OF  THIS SECTION TO ENSURE ESSENTIAL WORKERS ARE
 ADDED AND/OR REMOVED FROM THE  EXISTING  LIST,  AS  WELL  AS  ANY  OTHER
 PROVISION THAT WOULD STRENGTHEN THE PURPOSE OF THIS SECTION.
   § 2. This act shall take effect immediately.