S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6734
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public health law, in relation to creating silo
   safety warning placards and a silo safety  advocacy  program;  and  to
   amend the state finance law and the tax law, in relation to funding of
   such placards and advocacy program

   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
 "Garrett's Law".
   §  2. The public health law is amended by adding a new section 3909 to
 read as follows:
   § 3909. SILO SAFETY PLACARDS AND  ADVOCACY  PROGRAMS.  1.  THE  CENTER
 SHALL  DESIGN  AND CREATE A PLACARD FOR CONSPICUOUS PLACEMENT ON OXYGEN-
 LIMITING SILOS IN THIS STATE FOR  THE  PURPOSE  OF  NOTIFYING  EMERGENCY
 RESPONDERS  TO THE DANGERS OF SUCH SILOS. SUCH PLACARD SHALL BE DESIGNED
 TO BE EASILY ATTACHABLE TO THE EXTERIOR OF AN OXYGEN-LIMITING  SILO  AND
 SHALL  CONTAIN  THE  FOLLOWING  LANGUAGE: "DANGER: DO NOT ENTER! LACK OF
 OXYGEN AND PRESENCE OF TOXIC GASES MAY CAUSE  IMMEDIATE  UNCONSCIOUSNESS
 AND  DEATH  DUE  TO  RESPIRATORY PARALYSIS. DO NOT ADD WATER. WATER WILL
 CAUSE AN EXPLOSION!".
   2. UPON REQUEST FROM ANY OWNER OF  AN  OXYGEN-LIMITING  SILO  IN  THIS
 STATE, THE CENTER SHALL DELIVER TO SUCH OWNER A PLACARD CREATED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION, AT NO COST TO SUCH OWNER.
   3. THE CENTER SHALL ESTABLISH A SILO SAFETY ADVOCACY PROGRAM TO:
   (A)  NOTIFY  ALL  FARMERS AND OTHER OWNERS OF OXYGEN-LIMITING SILOS IN
 THIS STATE OF THE AVAILABILITY  OF  THE  PLACARDS  CREATED  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION, AND OF THE IMPORTANCE OF DISPLAYING
 SUCH PLACARDS; AND
   (B) EDUCATE FIRST RESPONDERS IN THE STATE ON HOW TO  AVOID  INJURY  OR
 DEATH WHEN RESPONDING TO EMERGENCIES INVOLVING OXYGEN-LIMITING SILOS.
   4.  NOTWITHSTANDING  THE  PROVISIONS OF THIS SECTION, THE CENTER SHALL
 NOT DESIGN AND CREATE SILO SAFETY PLACARDS PURSUANT TO  SUBDIVISION  ONE
 OF  THIS  SECTION,  DELIVER  ANY PLACARDS PURSUANT TO SUBDIVISION TWO OF
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10099-02-3
 A. 6734                             2
 
 THIS SECTION, OR ESTABLISH THE ADVOCACY PROGRAM PURSUANT TO  SUBDIVISION
 THREE  OF  THIS SECTION, UNTIL A DETERMINATION IS MADE BY THE BOARD THAT
 ENOUGH MONEY EXISTS IN THE SILO  SAFETY  FUND  ESTABLISHED  PURSUANT  TO
 SECTION  NINETY-TWO-KK  OF THE STATE FINANCE LAW TO FUND SUCH ACTIVITIES
 IN PERPETUITY.
   § 3. The state finance law is amended by adding a new section 92-kk to
 read as follows:
   § 92-KK. SILO SAFETY FUND. 1. A SPECIAL FUND TO BE KNOWN AS THE  "SILO
 SAFETY  FUND"  IS  HEREBY  ESTABLISHED IN THE CUSTODY OF THE STATE COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.
   2. THE FUND SHALL CONSIST OF  ALL  MONIES  TRANSFERRED  TO  SUCH  FUND
 PURSUANT  TO LAW, ALL MONIES REQUIRED BY ANY PROVISION OF LAW TO BE PAID
 INTO OR CREDITED TO THE FUND, ALL MONIES FROM GIFTS PURSUANT TO  SECTION
 SIX HUNDRED THIRTY-L OF THE TAX LAW, AND ANY INTEREST EARNINGS WHICH MAY
 ACCRUE  FROM  THE INVESTMENT OF MONIES IN THE FUND. NOTHING CONTAINED IN
 THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS,  OR
 BEQUESTS  FOR  THE  PURPOSES  OF THE FUND AS DEFINED IN THIS SECTION AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  DIRECTOR  OF
 THE  CENTER FOR AGRICULTURAL MEDICINE AND HEALTH SHALL PROVIDE A WRITTEN
 REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE  ASSEM-
 BLY,  CHAIR  OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC.  SUCH  REPORT
 SHALL  INCLUDE  HOW  THE  MONIES  OF  THE  FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND;
   (B) THE USE OF MONIES DISBURSED FROM THE FUND; AND
   (C) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   4.  MONIES  OF  THE  FUND,  WHEN  ALLOCATED, SHALL BE AVAILABLE TO THE
 CENTER FOR AGRICULTURAL MEDICINE AND HEALTH FOR  THE  DESIGN,  CREATION,
 AND  DISTRIBUTION  OF  OXYGEN-LIMITING  SILO SAFETY PLACARDS PURSUANT TO
 SECTION THIRTY-NINE HUNDRED NINE OF THE PUBLIC HEALTH LAW, AND  FOR  THE
 ADVOCACY PROGRAM CREATED PURSUANT TO SUCH SECTION.
   5.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  DIRECTOR  OF
 THE CENTER FOR AGRICULTURAL MEDICINE AND HEALTH.
   §  4.  The tax law is amended by adding a new section 630-l to read as
 follows:
   § 630-L. GIFT FOR  SILO  SAFETY  FUND.  EFFECTIVE  FOR  ANY  TAX  YEAR
 COMMENCING  ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-THREE, AN
 INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SILO SAFE-
 TY FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-KK  OF  THE  STATE
 FINANCE  LAW.  SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND
 SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE
 COMMISSIONER  SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN FORM
 TO ENABLE A TAXPAYER TO MAKE SUCH  CONTRIBUTION.    NOTWITHSTANDING  ANY
 OTHER  PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION
 SHALL BE PAID TO THE SILO SAFETY FUND ESTABLISHED PURSUANT TO, AND  USED
 ONLY  FOR  THOSE  PURPOSES  ENUMERATED  IN, SECTION NINETY-TWO-KK OF THE
 STATE FINANCE LAW.
   § 5. This act shall take effect immediately.