S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8935
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to regulating the temperature
   of all indoor and outdoor worksites
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "temper-
 ature extreme mitigation program (TEMP) act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers, working both in outdoor and indoor sites, are
 exposed to extreme temperatures due to  climate  change.  This  involves
 skyrocketing  heat  in  the summer.   Every year, New York city has high
 numbers of heat-related emergency  department  visits,  hospital  admis-
 sions,  and  deaths. According to the New York City Office of the Mayor,
 each year there are an estimated 450 heat-related ED visits,  150  heat-
 related hospital admissions, 10 heat-stroke deaths, and 350 heat-exacer-
 bated deaths, caused by heat worsening existing chronic conditions.
   The legislature hereby finds and declares that the government is obli-
 gated to ensure that employers provide safe conditions for their employ-
 ees.
   §  3. The labor law is amended by adding a new article 20-D to read as
 follows:
                               ARTICLE 20-D
                    TEMPERATURE REGULATION BY EMPLOYERS
 SECTION 742. SCOPE.
         743. DEFINITIONS.
         744. HEAT PROTECTION STANDARDS.
         745. EDUCATION AND TRAINING.
         746. ENFORCEMENT.
   § 742. SCOPE. 1. THE FOLLOWING COVERED INDUSTRIES WILL BE HELD TO  THE
 STANDARDS IN THIS ARTICLE:
   (A) AGRICULTURE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04582-15-4
 A. 8935                             2
              

 
   (B)  CONSTRUCTION,  UNLESS  THE EMPLOYER IS PARTY TO A: (I) COLLECTIVE
 BARGAINING AGREEMENT OR (II) PROJECT LABOR AGREEMENT WITH  A  BONA  FIDE
 BUILDING AND CONSTRUCTION TRADES COUNCIL;
   (C) LANDSCAPING;
   (D) COMMERCIAL SHIPPING;
   (E) FOOD SERVICE; AND
   (F) WAREHOUSING.
   2.  FOR THE PURPOSES OF THIS ARTICLE, OUTDOOR WORKSITES OF THE COVERED
 INDUSTRIES IN PARAGRAPHS (A), (B), AND (C) OF SUBDIVISION  ONE  OF  THIS
 SECTION  SHALL  BE SUBJECT TO THE PROVISIONS HEREIN. FOR THE PURPOSES OF
 THIS ARTICLE, INDOOR WORKSITES OF THE COVERED INDUSTRIES  IN  PARAGRAPHS
 (D), (E), AND (F) OF SUBDIVISION ONE OF THIS SECTION SHALL BE SUBJECT TO
 THE PROVISIONS HEREIN.
   §  743.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "EMPLOYEE" MEANS ANY PERSON WITHIN  A  COVERED  INDUSTRY  PROVIDING
 LABOR  OR SERVICES WITHIN THE SCOPE OF THIS ARTICLE FOR REMUNERATION FOR
 A PUBLIC OR PRIVATE ENTITY OR BUSINESS WITHIN THE STATE,  WITHOUT REGARD
 TO AN INDIVIDUAL'S IMMIGRATION STATUS, AND SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED TO,  PART-TIME  WORKERS,  INDEPENDENT CONTRACTORS, DAY LABORERS,
 FARMWORKERS  AND    OTHER TEMPORARY   AND SEASONAL WORKERS WORKING IN AN
 INDUSTRY IDENTIFIED IN THIS ARTICLE. THE TERM SHALL ALSO  INCLUDE  INDI-
 VIDUALS  WORKING FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS ON
 BEHALF OF THE EMPLOYER AT ANY INDIVIDUAL WORKSITE, AS   WELL   AS    ANY
 INDIVIDUAL  DELIVERING  GOODS  OR TRANSPORTING PEOPLE AT, TO OR FROM THE
 WORKSITE ON BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER  DELIVERY   OR
 TRANSPORT   IS CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT WOULD OTHERWISE
 BE DEEMED AN EMPLOYER UNDER THIS ARTICLE, OR ANY PERSON HOLDING A  POSI-
 TION  BY  APPOINTMENT  OR EMPLOYMENT IN THE SERVICE OF A PUBLIC EMPLOYER
 WITHIN THE SCOPE OF THIS ARTICLE.
   2. "EMPLOYER" MEANS ANY INDIVIDUAL, PARTNERSHIP,  ASSOCIATION,  CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 PUBLIC  ENTITY,  OR  ANY  ORGANIZED  GROUP  ACTING  AS EMPLOYER WITHIN A
 COVERED INDUSTRY IDENTIFIED IN THIS ARTICLE.
   3. "INDOOR WORKSITE" MEANS ANY ENCLOSED WORK VEHICLES  AND  ANY  SPACE
 BETWEEN  A  FLOOR  AND  A  CEILING  BOUND  ON ALL SIDES BY WALLS. A WALL
 INCLUDES ANY DOOR, WINDOW, RETRACTABLE DIVIDER, GARAGE  DOOR,  OR  OTHER
 PHYSICAL  BARRIERS  THAT  IS  TEMPORARY  OR  PERMANENT,  WHETHER OPEN OR
 CLOSED.
   4. "OUTDOOR WORKSITE" MEANS ALL EMPLOYERS  WITH  EMPLOYEES  PERFORMING
 WORK IN AN OUTDOOR ENVIRONMENT. THE TERM OUTDOOR WORKSITE DOES NOT APPLY
 TO  INCIDENTAL  EXPOSURE,  WHICH  EXISTS WHEN AN EMPLOYEE IS REQUIRED TO
 PERFORM A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES  IN
 ANY SIXTY-MINUTE PERIOD.
   5.  "HEAT STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD OF EIGHTY OR
 MORE DEGREES FAHRENHEIT.  FOR THE PURPOSES OF INDOOR  TEMPERATURE  REGU-
 LATED  ENVIRONMENTS,  THE  INDOOR  TEMPERATURE SHALL FALL BETWEEN SIXTY-
 EIGHT AND SEVENTY-FIVE DEGREES FAHRENHEIT, TO THE EXTENT PRACTICABLE.
   6.  "HEAT ILLNESS" MEANS A SERIOUS MEDICAL  CONDITION  RESULTING  FROM
 THE BODY'S INABILITY TO COPE WITH EXTREME TEMPERATURE STRESS THRESHOLDS,
 AND  INCLUDES, BUT IS NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION, HEAT
 SYNCOPE, AND HEAT STROKE.
   7. "PERSONAL  PROTECTIVE  EQUIPMENT"  OR  "PPE"  MEANS  THE  NECESSARY
 PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND EXTREME HEAT AT OR
 EXCEEDING THE HEAT STRESS THRESHOLDS.
 A. 8935                             3

   §  744.  HEAT  PROTECTION  STANDARDS.   THE EMPLOYER SHALL FULFILL THE
 FOLLOWING REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR  WORK-
 SITE  AND  EXPERIENCING CONDITIONS AT OR EXCEEDING A HEAT STRESS THRESH-
 OLD:
   1.  ACCESS  TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS TO POTABLE
 DRINKING WATER AT NO COST TO THE EMPLOYEE.  THE WATER SHALL  BE  LOCATED
 AS  CLOSE AS PRACTICABLE TO THE AREAS WHERE EMPLOYEES ARE WORKING. WATER
 SHALL BE PROVIDED AT THE BEGINNING OF THE  WORK  SHIFT  TO  PROVIDE  ONE
 QUART  PER  EMPLOYEE PER HOUR FOR DRINKING FOR THE ENTIRE SHIFT PROVIDED
 HOWEVER THAT AN EMPLOYER MAY BEGIN THE SHIFT WITH SMALLER QUANTITIES  OF
 WATER  WHERE  SUCH  EMPLOYER  HAS EFFECTIVE PROCEDURES FOR REPLENISHMENT
 DURING THE SHIFT AS NEEDED TO ALLOW EMPLOYEES TO DRINK ONE QUART OR MORE
 PER HOUR.
   2. MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY  MONITOR  TEMPERATURES
 AND  IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE EXHIBITS
 SIGNS OR REPORTS SYMPTOMS OF HEAT ILLNESS WHILE  TAKING  A  PREVENTATIVE
 BREAK  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, OR AT ANY OTHER
 TIME, THE EMPLOYER SHALL MAKE A REASONABLE EFFORT TO PROVIDE THE  WORKER
 WITH ACCESS TO FIRST AID OR OTHER TREATMENT.
   3. ACCESS TO SHADE.  (A) WITH RESPECT TO OUTDOOR SITES, SHADE SHALL BE
 MADE  AVAILABLE WHILE EMPLOYEES ARE PRESENT WHEN THE TEMPERATURE EXCEEDS
 EIGHTY DEGREES FAHRENHEIT AND SHALL BE  AS  CLOSE  TO  THE  WORKSITE  AS
 REASONABLY  POSSIBLE.  WHEN  THE  OUTDOOR  TEMPERATURE  IN THE WORK AREA
 EXCEEDS EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND  MAINTAIN
 ONE  OR  MORE  AREAS WITH SHADE AT ALL TIMES WHILE EMPLOYEES ARE PRESENT
 THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
 THE AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE  THE
 NUMBER  OF  EMPLOYEES  ON PREVENTATIVE BREAKS, SO THAT THEY CAN SIT IN A
 NORMAL POSTURE FULLY IN THE SHADE WITH AT LEAST  FOUR  SQUARE  FEET  PER
 RESTING EMPLOYEE.
   (B) WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS INFEASIBLE OR UNSAFE
 TO  HAVE  A  SHADE  STRUCTURE,  OR  OTHERWISE TO HAVE SHADE PRESENT ON A
 CONTINUOUS BASIS, THE EMPLOYER MAY UTILIZE  ALTERNATIVE  PROCEDURES  FOR
 PROVIDING  ACCESS  TO SHADE IF THE ALTERNATIVE PROCEDURES PROVIDE EQUIV-
 ALENT PROTECTION.
   4. PREVENTATIVE BREAKS. (A) EMPLOYEES SHALL BE ALLOWED AND  ENCOURAGED
 TO  TAKE  PREVENTATIVE  BREAKS WHEN THEY FEEL THE ONSET OF HEAT ILLNESS.
 EMPLOYEES SHALL NOTIFY THEIR EMPLOYER AS SOON  AS  POSSIBLE  ABOUT  SUCH
 ONSET  AND A PREVENTATIVE BREAK SHALL BE OFFERED TO SUCH EMPLOYEES. SUCH
 PREVENTATIVE BREAK MAY INCLUDE ACCESS TO SHADE.  AN INDIVIDUAL  EMPLOYEE
 WHO TAKES A PREVENTATIVE BREAK:
   (I) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
 OF HEAT ILLNESS;
   (II)  SHALL  BE  ENCOURAGED  TO  REMAIN IN THE SHADE, WHERE APPLICABLE
 UNDER SUBDIVISION THREE OF THIS SECTION; AND
   (III) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 HEAT ILLNESS HAVE ABATED, BUT IN NO EVENT, LESS  THAN  FIVE  MINUTES  IN
 ADDITION TO THE TIME NEEDED TO ACCESS SHADE WHERE APPLICABLE.
   (B)  WITH  RESPECT  TO OUTDOOR SITES, WHERE THE TEMPERATURE REACHES OR
 EXCEEDS NINETY-FIVE DEGREES FAHRENHEIT, THE  EMPLOYER  SHALL  ALLOW  AND
 ENCOURAGE  EMPLOYEES TO TAKE A MINIMUM TEN MINUTE PREVENTATIVE COOL-DOWN
 REST PERIOD EVERY TWO HOURS.
   5. PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE  THE  NECES-
 SARY  PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND TEMPERATURES
 AT OR EXCEEDING THE HEAT STRESS THRESHOLDS TO  THE  EXTENT  PRACTICABLE.
 THIS MAY INCLUDE, BUT IS NOT LIMITED TO:
 A. 8935                             4
 
   (A) FANS, IF POSSIBLE;
   (B) AIR-CONDITIONING, WHICH SHALL BE MANDATED IN ALL DELIVERY VEHICLES
 AND WAREHOUSES IN AN INDUSTRY IDENTIFIED IN THIS ARTICLE; AND
   (C)  ANYTHING  ADDITIONAL DEEMED NECESSARY BY THE DEPARTMENT TO COMBAT
 EXTREME HEAT.
   6. VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY  MINUTES  IN
 WORKPLACE  OR  EMPLOYER  PROVIDED VEHICLES EACH DAY OR WHOSE WORKSITE IS
 CONSIDERED AN EMPLOYER PROVIDED VEHICLE SHALL HAVE  ADEQUATE  AIR-CONDI-
 TIONING AVAILABLE INSIDE SUCH VEHICLE.
   §  745.  EDUCATION  AND  TRAINING.  1.  TRAINING. THE DEPARTMENT SHALL
 CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF HEAT ILLNESS AND THE
 AVAILABLE MEDICAL RESPONSES. SUCH TRAINING SHALL BE ADMINISTERED BY  THE
 EMPLOYER  AT  TIME OF HIRING OR THE EMPLOYEE'S TRAINING FUND IF A MEMBER
 OF ORGANIZED LABOR.
   2. MANDATED SIGNAGE AND MATERIALS.  THE  DEPARTMENT  SHALL  PROMULGATE
 SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
 TO  EMPLOYEES  BY  THEIR  EMPLOYER  IN  THE TWELVE MOST COMMON LANGUAGES
 SPOKEN IN THE STATE REGARDING THE FOLLOWING:
   (A) SIGNS OF HEAT ILLNESS;
   (B) HEAT STRESS THRESHOLDS;
   (C) EMPLOYER REQUIRED PROTECTIONS FROM HEAT STRESS THRESHOLDS;
   (D) WHERE EMPLOYEES CAN REPORT AN EMPLOYER'S  LACK  OF  ACCOMMODATION;
 AND
   (E) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
   3.  UNLAWFUL  RETALIATION.    FOR  THE PURPOSES OF THIS ARTICLE, THERE
 SHALL BE A REBUTTABLE PRESUMPTION OF UNLAWFUL RETALIATION IF AN EMPLOYER
 IN ANY MANNER DISCRIMINATES, RETALIATES, OR  TAKES  ANY  ADVERSE  ACTION
 AGAINST ANY EMPLOYEE WITHIN NINETY DAYS OF  THE  EMPLOYEE  INITIATING  A
 COMPLAINT PURSUANT TO THIS ARTICLE.
   4.  OUTREACH  CAMPAIGN.    THE  DEPARTMENT SHALL ESTABLISH A STATEWIDE
 OUTREACH CAMPAIGN TO EDUCATE EMPLOYEES ON  THE  HEAT  ILLNESS  STANDARDS
 ESTABLISHED  AND  ENSURE  THAT  EMPLOYERS ARE PROVIDING ACCESS TO PROPER
 SIGNAGE AND MATERIALS.
   § 746. ENFORCEMENT. THE DEPARTMENT SHALL PROMULGATE  RULES  AND  REGU-
 LATIONS TO REQUIRE THE FOLLOWING:
   1.  EVERY  EMPLOYER  IN  A COVERED INDUSTRY SHALL COLLECT AND MAINTAIN
 DATA AND RECORDS AS REQUIRED  BY  THE  DEPARTMENT  ON  ALL  HEAT-RELATED
 ILLNESSES AND FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
   2.  EVERY  EMPLOYER  IN A COVERED INDUSTRY SHALL SUBMIT REPORTS OF THE
 DATA COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION  ANNUALLY  TO
 THE  DEPARTMENT AND SUCH REPORTS SHALL BE PUBLISHED BY THE DEPARTMENT ON
 A SEARCHABLE DATABASE. EMPLOYERS SHALL MAKE SUCH  REPORTS  AVAILABLE  TO
 ANY  EMPLOYEE  OR  APPLICABLE LABOR ORGANIZATION UPON REQUEST WITHIN TEN
 BUSINESS DAYS. AN EXTREME HEAT-RELATED FATALITY ON A  CONSTRUCTION  SITE
 SHALL  BE  DEEMED  A  WORK-RELATED  INJURY FOR THE PURPOSES OF REPORTING
 PURSUANT TO SECTION FORTY-FOUR OF THIS CHAPTER.
   3. EVERY EMPLOYER IN A COVERED INDUSTRY SHALL SUBMIT  FOR  APPROVAL  A
 WRITTEN PLAN ON HOW HEAT-RELATED STRESS WILL BE MITIGATED TO THE DEPART-
 MENT.  ONCE  APPROVED  BY THE DEPARTMENT, AN EMPLOYER SHALL PROVIDE SUCH
 PLAN TO ALL EMPLOYEES AND APPLICABLE LABOR ORGANIZATIONS  ON  AN  ANNUAL
 BASIS.
   4.  EVERY EMPLOYER IN A COVERED INDUSTRY SHALL BE SUBJECT TO FINES FOR
 NOT ADHERING TO  THE  MANDATORY  REPORTING  AND  ENFORCEMENT  PROTOCOLS.
 EMPLOYERS  SHALL  BE  REQUIRED  TO  PAY  PENALTIES OF NO LESS THAN FIFTY
 DOLLARS PER DAY FOR FAILING TO IMPLEMENT HEAT  PROTECTION  STANDARDS  AS
 A. 8935                             5

 SET  FORTH  IN THIS ARTICLE.  THE DEPARTMENT SHALL ADMINISTER NOTICE AND
 COLLECT ALL FINES.
   5.  THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE FORM
 WHERE EMPLOYEES CAN FILE COMPLAINTS WITH THE DEPARTMENT  REGARDING  HEAT
 PROTECTION STANDARDS.
   6.  ANY  OTHER  REPORTING OR ENFORCEMENT PROTOCOLS NECESSARY TO ENSURE
 THE PROTECTION OF WORKERS.
   § 4. This act shall take effect on the ninetieth day  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 effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8935--A
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced by M. of A. BRONSON, ZINERMAN, OTIS, SHIMSKY, LUNSFORD, RAGA,
   STECK,  GIBBS, BURDICK, ARDILA, GONZALEZ-ROJAS, GLICK -- read once and
   referred to the Committee on Labor -- recommitted to the Committee  on
   Labor  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the labor law, in relation to regulating the temperature
   of all indoor and outdoor worksites
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "temper-
 ature extreme mitigation program (TEMP) act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers, working both in outdoor and indoor sites, are
 exposed to extreme temperatures due to  climate  change.  This  involves
 skyrocketing  heat  in  the summer.   Every year, New York city has high
 numbers of heat-related emergency  department  visits,  hospital  admis-
 sions,  and  deaths. According to the New York City Office of the Mayor,
 each year there are an estimated 450 heat-related ED visits,  150  heat-
 related hospital admissions, 10 heat-stroke deaths, and 350 heat-exacer-
 bated deaths, caused by heat worsening existing chronic conditions.
   The legislature hereby finds and declares that the government is obli-
 gated to ensure that employers provide safe conditions for their employ-
 ees.
   §  3. The labor law is amended by adding a new article 20-D to read as
 follows:
                               ARTICLE 20-D
                    TEMPERATURE REGULATION BY EMPLOYERS
 SECTION 742. SCOPE.
         743. DEFINITIONS.
         744. HEAT PROTECTION STANDARDS.
         745. COLD PROTECTION STANDARDS.
         746. EDUCATION AND TRAINING.
         747. ENFORCEMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04582-18-4
 A. 8935--A                          2
 
   § 742. SCOPE. 1. THE FOLLOWING COVERED INDUSTRIES WILL BE HELD TO  THE
 STANDARDS IN THIS ARTICLE:
   (A) AGRICULTURE;
   (B)  CONSTRUCTION,  UNLESS  THE EMPLOYER IS PARTY TO A: (I) COLLECTIVE
 BARGAINING AGREEMENT OR (II) PROJECT LABOR AGREEMENT WITH  A  BONA  FIDE
 BUILDING AND CONSTRUCTION TRADES COUNCIL;
   (C) LANDSCAPING;
   (D) CAR WASH SERVICE;
   (E) COMMERCIAL SHIPPING;
   (F) FOOD SERVICE; AND
   (G) WAREHOUSING.
   2.  FOR THE PURPOSES OF THIS ARTICLE, OUTDOOR WORKSITES OF THE COVERED
 INDUSTRIES IN PARAGRAPHS (A), (B), (C), AND (D) OF  SUBDIVISION  ONE  OF
 THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS HEREIN. FOR THE PURPOSES
 OF  THIS  ARTICLE,  INDOOR  WORKSITES OF THE COVERED INDUSTRIES IN PARA-
 GRAPHS (E), (F), AND (G) OF SUBDIVISION ONE OF  THIS  SECTION  SHALL  BE
 SUBJECT TO THE PROVISIONS HEREIN.
   §  743.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "EMPLOYEE" MEANS ANY PERSON WITHIN  A  COVERED  INDUSTRY  PROVIDING
 LABOR  OR SERVICES WITHIN THE SCOPE OF THIS ARTICLE FOR REMUNERATION FOR
 A PUBLIC OR PRIVATE ENTITY OR BUSINESS WITHIN THE STATE,  WITHOUT REGARD
 TO AN INDIVIDUAL'S IMMIGRATION STATUS, AND SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED TO,  PART-TIME  WORKERS,  INDEPENDENT CONTRACTORS, DAY LABORERS,
 FARMWORKERS  AND    OTHER TEMPORARY   AND SEASONAL WORKERS WORKING IN AN
 INDUSTRY IDENTIFIED IN THIS ARTICLE. THE TERM SHALL ALSO  INCLUDE  INDI-
 VIDUALS  WORKING FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS ON
 BEHALF OF THE EMPLOYER AT ANY INDIVIDUAL WORKSITE, AS   WELL   AS    ANY
 INDIVIDUAL  DELIVERING  GOODS  OR TRANSPORTING PEOPLE AT, TO OR FROM THE
 WORKSITE ON BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER  DELIVERY   OR
 TRANSPORT   IS CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT WOULD OTHERWISE
 BE DEEMED AN EMPLOYER UNDER THIS ARTICLE, OR ANY PERSON HOLDING A  POSI-
 TION  BY  APPOINTMENT  OR EMPLOYMENT IN THE SERVICE OF A PUBLIC EMPLOYER
 WITHIN THE SCOPE OF THIS ARTICLE.
   2. "EMPLOYER" MEANS ANY INDIVIDUAL, PARTNERSHIP,  ASSOCIATION,  CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 PUBLIC  ENTITY,  OR  ANY  ORGANIZED  GROUP  ACTING  AS EMPLOYER WITHIN A
 COVERED INDUSTRY IDENTIFIED IN THIS ARTICLE.
   3. "INDOOR WORKSITE" MEANS ANY ENCLOSED WORK VEHICLES  AND  ANY  SPACE
 BETWEEN  A  FLOOR  AND  A  CEILING  BOUND  ON ALL SIDES BY WALLS. A WALL
 INCLUDES ANY DOOR, WINDOW, RETRACTABLE DIVIDER, GARAGE  DOOR,  OR  OTHER
 PHYSICAL  BARRIERS  THAT  IS  TEMPORARY  OR  PERMANENT,  WHETHER OPEN OR
 CLOSED.
   4. "OUTDOOR WORKSITE" MEANS ALL EMPLOYERS  WITH  EMPLOYEES  PERFORMING
 WORK IN AN OUTDOOR ENVIRONMENT. THE TERM OUTDOOR WORKSITE DOES NOT APPLY
 TO  INCIDENTAL  EXPOSURE,  WHICH  EXISTS WHEN AN EMPLOYEE IS REQUIRED TO
 PERFORM A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES  IN
 ANY SIXTY-MINUTE PERIOD.
   5.  "HEAT STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD OF EIGHTY OR
 MORE DEGREES FAHRENHEIT.  FOR THE PURPOSES OF INDOOR  TEMPERATURE  REGU-
 LATED  ENVIRONMENTS,  THE  INDOOR  TEMPERATURE SHALL FALL BETWEEN SIXTY-
 EIGHT AND SEVENTY-FIVE DEGREES FAHRENHEIT, TO THE EXTENT PRACTICABLE.
   6. "HEAT ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S INABILITY TO COPE WITH EXTREME HEAT  TEMPERATURE  STRESS  THRESH-
 OLDS, AND INCLUDES, BUT IS NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION,
 HEAT SYNCOPE, AND HEAT STROKE.
 A. 8935--A                          3
 
   7.  "COLD  STRESS  THRESHOLD"  MEANS  A THRESHOLD TEMPERATURE OF SIXTY
 DEGREES FAHRENHEIT OR BELOW.   FOR THE PURPOSES  OF  INDOOR  TEMPERATURE
 REGULATED  ENVIRONMENTS,  THE  INDOOR  TEMPERATURE  SHALL  FALL  BETWEEN
 SIXTY-EIGHT AND SEVENTY-FIVE DEGREES FAHRENHEIT, TO THE EXTENT PRACTICA-
 BLE.
   8. "COLD ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S INABILITY TO COPE WITH EXTREME COLD STRESS THRESHOLDS.
   9.  "PERSONAL  PROTECTIVE  EQUIPMENT"  OR  "PPE"  MEANS  THE NECESSARY
 PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND EXTREME HEAT AT OR
 EXCEEDING THE HEAT STRESS THRESHOLDS.
   § 744. HEAT PROTECTION STANDARDS.   THE  EMPLOYER  SHALL  FULFILL  THE
 FOLLOWING  REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR WORK-
 SITE AND EXPERIENCING CONDITIONS AT OR EXCEEDING A HEAT  STRESS  THRESH-
 OLD:
   1.  ACCESS  TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS TO POTABLE
 DRINKING WATER FROM A SANITARY SOURCE AND KEPT AT SIXTY DEGREES OR COOL-
 ER AT NO COST TO THE EMPLOYEE.  THE WATER SHALL BE LOCATED AS  CLOSE  AS
 PRACTICABLE  TO,  BUT  NO MORE THAN A QUARTER MILE FROM, THE AREAS WHERE
 EMPLOYEES ARE WORKING. WATER SHALL BE PROVIDED AT THE BEGINNING  OF  THE
 WORK  SHIFT  TO PROVIDE ONE QUART PER EMPLOYEE PER HOUR FOR DRINKING FOR
 THE ENTIRE SHIFT; PROVIDED, HOWEVER, THAT  AN  EMPLOYER  MAY  BEGIN  THE
 SHIFT WITH SMALLER QUANTITIES OF WATER WHERE SUCH EMPLOYER HAS EFFECTIVE
 PROCEDURES FOR REPLENISHMENT DURING THE SHIFT AS NEEDED TO ALLOW EMPLOY-
 EES TO DRINK ONE QUART OR MORE PER HOUR.
   2.  MEDICAL MONITORING.   EMPLOYERS SHALL CLOSELY MONITOR TEMPERATURES
 AND IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE  EXHIBITS
 SIGNS  OR  REPORTS  SYMPTOMS OF HEAT ILLNESS WHILE TAKING A PREVENTATIVE
 BREAK PURSUANT TO SUBDIVISION FOUR OF THIS  SECTION,  OR  AT  ANY  OTHER
 TIME,  THE EMPLOYER SHALL MAKE A REASONABLE EFFORT TO PROVIDE THE WORKER
 WITH ACCESS TO FIRST AID OR OTHER TREATMENT.
   3. ACCESS TO SHADE.  (A) WITH RESPECT TO OUTDOOR SITES, SHADE SHALL BE
 MADE AVAILABLE WHILE EMPLOYEES ARE PRESENT WHEN THE TEMPERATURE  EXCEEDS
 EIGHTY  DEGREES  FAHRENHEIT  AND  SHALL  BE  AS CLOSE TO THE WORKSITE AS
 REASONABLY POSSIBLE. WHEN THE  OUTDOOR  TEMPERATURE  IN  THE  WORK  AREA
 EXCEEDS  EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND MAINTAIN
 ONE OR MORE AREAS WITH SHADE AT ALL TIMES WHILE  EMPLOYEES  ARE  PRESENT
 THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
 THE  AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE THE
 NUMBER OF EMPLOYEES ON PREVENTATIVE BREAKS, SO THAT THEY CAN  SIT  IN  A
 NORMAL  POSTURE  FULLY  IN  THE SHADE WITH AT LEAST FOUR SQUARE FEET PER
 RESTING EMPLOYEE.
   (B) WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS INFEASIBLE OR UNSAFE
 TO HAVE A SHADE STRUCTURE, OR OTHERWISE  TO  HAVE  SHADE  PRESENT  ON  A
 CONTINUOUS  BASIS,  THE  EMPLOYER MAY UTILIZE ALTERNATIVE PROCEDURES FOR
 PROVIDING ACCESS TO SHADE IF THE ALTERNATIVE PROCEDURES  PROVIDE  EQUIV-
 ALENT PROTECTION.
   4.  PREVENTATIVE BREAKS. (A) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED
 TO TAKE PAID PREVENTATIVE BREAKS  WHEN  THEY  FEEL  THE  ONSET  OF  HEAT
 ILLNESS. EMPLOYEES SHALL NOTIFY THEIR EMPLOYER AS SOON AS POSSIBLE ABOUT
 SUCH  ONSET AND A PREVENTATIVE BREAK SHALL BE OFFERED TO SUCH EMPLOYEES.
 SUCH PREVENTATIVE BREAK MAY INCLUDE ACCESS  TO  SHADE.    AN  INDIVIDUAL
 EMPLOYEE WHO TAKES A PREVENTATIVE BREAK:
   (I)  SHALL BE MONITORED AND ASKED IF THEY ARE EXPERIENCING SYMPTOMS OF
 HEAT ILLNESS;
   (II) SHALL BE ENCOURAGED TO REMAIN  IN  THE  SHADE,  WHERE  APPLICABLE
 UNDER SUBDIVISION THREE OF THIS SECTION; AND
 A. 8935--A                          4
 
   (III) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 HEAT  ILLNESS  HAVE  ABATED,  BUT IN NO EVENT, LESS THAN FIVE MINUTES IN
 ADDITION TO THE TIME NEEDED TO ACCESS SHADE WHERE APPLICABLE.
   (B)  WITH  RESPECT  TO OUTDOOR SITES, WHERE THE TEMPERATURE REACHES OR
 EXCEEDS NINETY-FIVE DEGREES FAHRENHEIT, THE  EMPLOYER  SHALL  ALLOW  AND
 ENCOURAGE  EMPLOYEES TO TAKE A MINIMUM TEN MINUTE PREVENTATIVE COOL-DOWN
 REST PERIOD EVERY TWO HOURS.
   (C) PREVENTATIVE BREAKS SHALL NOT AFFECT ANY JOB QUOTA SET BY  EMPLOY-
 ERS;  SUCH  QUOTAS  SHALL  BE  ADJUSTED  TO ACCOMMODATE FOR PREVENTATIVE
 BREAKS AND NO EMPLOYEE SHALL BE FACED WITH UNLAWFUL RETALIATION,  PURSU-
 ANT TO SECTION SEVEN HUNDRED FORTY-SEVEN OF THIS ARTICLE, AS A RESULT OF
 DIMINISHED JOB QUOTAS.
   5.  PERSONAL  PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND  TEMPERATURES
 AT  OR  EXCEEDING  THE HEAT STRESS THRESHOLDS TO THE EXTENT PRACTICABLE.
 THIS MAY INCLUDE, BUT IS NOT LIMITED TO:
   (A) FANS, IF POSSIBLE;
   (B) AIR-CONDITIONING, WHICH SHALL BE MANDATED IN ALL DELIVERY VEHICLES
 AND WAREHOUSES IN AN INDUSTRY IDENTIFIED IN THIS ARTICLE; AND
   (C) ANYTHING ADDITIONAL DEEMED NECESSARY BY THE DEPARTMENT  TO  COMBAT
 EXTREME HEAT.
   6.  VEHICLE  STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
 WORKPLACE OR EMPLOYER PROVIDED VEHICLES EACH DAY OR  WHOSE  WORKSITE  IS
 CONSIDERED  AN  EMPLOYER PROVIDED VEHICLE SHALL HAVE ADEQUATE AIR-CONDI-
 TIONING AVAILABLE INSIDE SUCH VEHICLE.
   § 745. COLD PROTECTION  STANDARDS.  THE  EMPLOYER  SHALL  FULFILL  THE
 FOLLOWING  REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR WORK-
 SITE  AND  EXPERIENCING CONDITIONS AT OR EXCEEDING A COLD STRESS THRESH-
 OLD:
   1. ACCESS TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS  TO  POTABLE
 DRINKING WATER FROM A SANITARY SOURCE AND KEPT AT SIXTY DEGREES OR COOL-
 ER  AT  NO  COST TO THE EMPLOYEE. THE WATER SHALL BE LOCATED AS CLOSE AS
 PRACTICABLE TO, BUT NO MORE THAN A QUARTER MILE FROM,  THE  AREAS  WHERE
 EMPLOYEES  ARE  WORKING. WATER SHALL BE PROVIDED AT THE BEGINNING OF THE
 WORK SHIFT TO PROVIDE ONE QUART PER EMPLOYEE PER HOUR FOR  DRINKING  FOR
 THE  ENTIRE  SHIFT;  PROVIDED,  HOWEVER,  THAT AN EMPLOYER MAY BEGIN THE
 SHIFT WITH SMALLER QUANTITIES OF WATER WHERE SUCH EMPLOYER HAS EFFECTIVE
 PROCEDURES FOR REPLENISHMENT DURING THE SHIFT AS NEEDED TO ALLOW EMPLOY-
 EES TO DRINK ONE QUART OR MORE PER HOUR.
   2. MEDICAL MONITORING. EMPLOYERS SHALL  CLOSELY  MONITOR  TEMPERATURES
 AND  IMPLEMENT THEIR WORKPLACE COLD STRESS PLAN. IF AN EMPLOYEE EXHIBITS
 SIGNS OR REPORTS SYMPTOMS OF COLD ILLNESS WHILE  TAKING  A  PREVENTATIVE
 BREAK  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, OR AT ANY OTHER
 TIME, THE EMPLOYER SHALL MAKE A REASONABLE EFFORT TO PROVIDE THE  WORKER
 WITH ACCESS TO FIRST AID OR OTHER TREATMENT.
   3.  ACCESS  TO  WARMTH.  (A)  WITH  RESPECT TO OUTDOOR SITES, A HEATED
 INDOOR AREA SHALL BE MADE AVAILABLE WHILE EMPLOYEES ARE PRESENT WHEN THE
 TEMPERATURE IS SIXTY DEGREES FAHRENHEIT OR  BELOW.  THE  TEMPERATURE  OF
 SUCH  HEATED INDOOR AREA SHALL FALL BETWEEN SIXTY-EIGHT AND SEVENTY-FIVE
 DEGREES FAHRENHEIT AND SHALL BE  AS CLOSE TO THE WORKSITE AS  REASONABLY
 POSSIBLE.  THE  HEATED  INDOOR  AREA  SHALL  BE AT LEAST LARGE ENOUGH TO
 ACCOMMODATE THE NUMBER OF EMPLOYEES ON PREVENTATIVE BREAKS, SO THAT THEY
 CAN SIT IN A NORMAL POSTURE FULLY IN THE  HEATED  INDOOR  AREA  WITH  AT
 LEAST FOUR SQUARE FEET PER RESTING EMPLOYEE.
   (B) WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS INFEASIBLE OR UNSAFE
 TO  HAVE A HEATED INDOOR AREA, OR OTHERWISE TO HAVE A HEATED AREA AVAIL-
 A. 8935--A                          5
 
 ABLE ON A CONTINUOUS BASIS, THE EMPLOYER MAY UTILIZE ALTERNATIVE  PROCE-
 DURES  FOR  PROVIDING    ACCESS  TO WARMTH IF THE ALTERNATIVE PROCEDURES
 PROVIDE EQUIVALENT PROTECTION.
   4.  PREVENTATIVE BREAKS. (A) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED
 TO TAKE PAID PREVENTATIVE BREAKS  WHEN  THEY  FEEL  THE  ONSET  OF  COLD
 ILLNESS. EMPLOYEES SHALL NOTIFY THEIR EMPLOYER AS SOON AS POSSIBLE ABOUT
 SUCH  ONSET AND A PREVENTATIVE BREAK SHALL BE OFFERED TO SUCH EMPLOYEES.
 SUCH PREVENTATIVE BREAK MAY INCLUDE  ACCESS  TO  WARMTH.  AN  INDIVIDUAL
 EMPLOYEE WHO TAKES A PREVENTATIVE BREAK:
   (I)  SHALL BE MONITORED AND ASKED IF THEY ARE EXPERIENCING SYMPTOMS OF
 COLD ILLNESS;
   (II) SHALL BE ENCOURAGED TO REMAIN IN  THE  WARMTH,  WHERE  APPLICABLE
 UNDER SUBDIVISION THREE OF THIS SECTION; AND
   (III) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 COLD  ILLNESS  HAVE  ABATED,  BUT IN NO EVENT, LESS THAN FIVE MINUTES IN
 ADDITION TO THE TIME NEEDED TO ACCESS WARMTH WHERE APPLICABLE.
   (B) WITH RESPECT TO OUTDOOR SITES, WHERE THE TEMPERATURE REACHES BELOW
 TWENTY DEGREES  FAHRENHEIT,  THE  EMPLOYER  SHALL  ALLOW  AND  ENCOURAGE
 EMPLOYEES  TO  TAKE  A MINIMUM TEN MINUTE PREVENTATIVE REST PERIOD EVERY
 TWO HOURS.
   (C) PREVENTATIVE BREAKS SHALL NOT AFFECT ANY JOB QUOTA SET BY  EMPLOY-
 ERS;  SUCH  QUOTAS  SHALL  BE  ADJUSTED  TO ACCOMMODATE FOR PREVENTATIVE
 BREAKS AND NO EMPLOYEE SHALL BE FACED WITH UNLAWFUL RETALIATION,  PURSU-
 ANT TO SECTION SEVEN HUNDRED FORTY-SEVEN OF THIS ARTICLE, AS A RESULT OF
 DIMINISHED JOB QUOTAS.
   5.  PERSONAL  PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND  TEMPERATURES
 AT  OR  BELOW THE COLD STRESS THRESHOLDS TO THE EXTENT PRACTICABLE. THIS
 MAY INCLUDE, BUT IS NOT LIMITED TO:
   (A) HEATING SYSTEMS, WHICH SHALL BE MANDATED IN ALL DELIVERY  VEHICLES
 AND WAREHOUSES IN AN INDUSTRY IDENTIFIED IN THIS ARTICLE; AND
   (B)  ANYTHING  ADDITIONAL DEEMED NECESSARY BY THE DEPARTMENT TO COMBAT
 EXTREME COLD.
   6. VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY  MINUTES  IN
 WORKPLACE  OR  EMPLOYER  PROVIDED VEHICLES EACH DAY OR WHOSE WORKSITE IS
 CONSIDERED AN EMPLOYER PROVIDED VEHICLE SHALL HAVE AN  ADEQUATE  HEATING
 SYSTEM AVAILABLE INSIDE SUCH VEHICLE.
   §  746.  EDUCATION  AND  TRAINING.  1.  TRAINING. THE DEPARTMENT SHALL
 CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF HEAT ILLNESS AND THE
 AVAILABLE MEDICAL RESPONSES. SUCH TRAINING SHALL BE ADMINISTERED BY  THE
 EMPLOYER  AT  TIME OF HIRING OR THE EMPLOYEE'S TRAINING FUND IF A MEMBER
 OF ORGANIZED LABOR.
   2. MANDATED SIGNAGE AND MATERIALS.  THE  DEPARTMENT  SHALL  PROMULGATE
 SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
 TO  EMPLOYEES  BY  THEIR  EMPLOYER  IN  THE TWELVE MOST COMMON LANGUAGES
 SPOKEN IN THE STATE REGARDING THE FOLLOWING:
   (A) SIGNS OF HEAT ILLNESS;
   (B) HEAT STRESS THRESHOLDS;
   (C) EMPLOYER REQUIRED PROTECTIONS FROM HEAT STRESS THRESHOLDS;
   (D) WHERE EMPLOYEES CAN REPORT AN EMPLOYER'S  LACK  OF  ACCOMMODATION;
 AND
   (E) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
   3.  UNLAWFUL  RETALIATION.    FOR  THE PURPOSES OF THIS ARTICLE, THERE
 SHALL BE A REBUTTABLE PRESUMPTION OF UNLAWFUL RETALIATION IF AN EMPLOYER
 IN ANY MANNER DISCRIMINATES, RETALIATES, OR  TAKES  ANY  ADVERSE  ACTION
 A. 8935--A                          6
 
 AGAINST ANY EMPLOYEE WITHIN NINETY DAYS OF  THE  EMPLOYEE  INITIATING  A
 COMPLAINT PURSUANT TO THIS ARTICLE.
   4.  OUTREACH  CAMPAIGN.    THE  DEPARTMENT SHALL ESTABLISH A STATEWIDE
 OUTREACH CAMPAIGN TO EDUCATE EMPLOYEES ON  THE  HEAT  ILLNESS  STANDARDS
 ESTABLISHED  AND  ENSURE  THAT  EMPLOYERS ARE PROVIDING ACCESS TO PROPER
 SIGNAGE AND MATERIALS.
   § 747. ENFORCEMENT. THE DEPARTMENT SHALL PROMULGATE  RULES  AND  REGU-
 LATIONS TO REQUIRE THE FOLLOWING:
   1.  EVERY  EMPLOYER  IN  A COVERED INDUSTRY SHALL COLLECT AND MAINTAIN
 DATA AND RECORDS AS REQUIRED  BY  THE  DEPARTMENT  ON  ALL  HEAT-RELATED
 ILLNESSES AND FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
   2.  EVERY  EMPLOYER  IN A COVERED INDUSTRY SHALL SUBMIT REPORTS OF THE
 DATA COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION  ANNUALLY  TO
 THE  DEPARTMENT AND SUCH REPORTS SHALL BE PUBLISHED BY THE DEPARTMENT ON
 A SEARCHABLE DATABASE. EMPLOYERS SHALL MAKE SUCH  REPORTS  AVAILABLE  TO
 ANY  EMPLOYEE  OR  APPLICABLE LABOR ORGANIZATION UPON REQUEST WITHIN TEN
 BUSINESS DAYS. AN EXTREME HEAT-RELATED FATALITY ON A  CONSTRUCTION  SITE
 SHALL  BE  DEEMED  A  WORK-RELATED  INJURY FOR THE PURPOSES OF REPORTING
 PURSUANT TO SECTION FORTY-FOUR OF THIS CHAPTER.
   3. EVERY EMPLOYER IN A COVERED INDUSTRY SHALL SUBMIT  FOR  APPROVAL  A
 WRITTEN PLAN ON HOW HEAT-RELATED STRESS WILL BE MITIGATED TO THE DEPART-
 MENT.  ONCE  APPROVED  BY THE DEPARTMENT, AN EMPLOYER SHALL PROVIDE SUCH
 PLAN TO ALL EMPLOYEES AND APPLICABLE LABOR ORGANIZATIONS  ON  AN  ANNUAL
 BASIS.
   4.  EVERY EMPLOYER IN A COVERED INDUSTRY SHALL BE SUBJECT TO FINES FOR
 NOT ADHERING TO  THE  MANDATORY  REPORTING  AND  ENFORCEMENT  PROTOCOLS.
 EMPLOYERS  SHALL  BE  REQUIRED  TO  PAY  PENALTIES OF NO LESS THAN FIFTY
 DOLLARS PER DAY FOR FAILING TO IMPLEMENT HEAT  PROTECTION  STANDARDS  AS
 SET  FORTH  IN THIS ARTICLE.  THE DEPARTMENT SHALL ADMINISTER NOTICE AND
 COLLECT ALL FINES.
   5. THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE  FORM
 WHERE  EMPLOYEES  CAN FILE COMPLAINTS WITH THE DEPARTMENT REGARDING HEAT
 PROTECTION STANDARDS.
   6. ANY OTHER REPORTING OR ENFORCEMENT PROTOCOLS  NECESSARY  TO  ENSURE
 THE PROTECTION OF WORKERS.
   §  4.  This  act shall take effect on the ninetieth day 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 effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8935--B
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced by M. of A. BRONSON, ZINERMAN, OTIS, SHIMSKY, LUNSFORD, RAGA,
   STECK, GIBBS, BURDICK, ARDILA, GONZALEZ-ROJAS, GLICK, DILAN, McDONALD,
   HEVESI,  REYES,  KELLES,  BURGOS,  SEPTIMO,  CLARK, GUNTHER, SHRESTHA,
   COLTON, ANDERSON,  L. ROSENTHAL,  LUCAS,  FORREST  --  read  once  and
   referred  to the Committee on Labor -- recommitted to the Committee on
   Labor in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to regulating the temperature
   of all indoor and outdoor worksites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "temper-
 ature extreme mitigation program (TEMP) act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that New Yorkers, working both in outdoor and indoor sites, are
 exposed  to  extreme  temperatures  due to climate change. This involves
 skyrocketing heat in the summer.   Every year, New York  city  has  high
 numbers  of  heat-related  emergency  department visits, hospital admis-
 sions, and deaths. According to the New York City Office of  the  Mayor,
 each  year  there are an estimated 450 heat-related ED visits, 150 heat-
 related hospital admissions, 10 heat-stroke deaths, and 350 heat-exacer-
 bated deaths, caused by heat worsening existing chronic conditions.
   The legislature hereby finds and declares that the government is obli-
 gated to ensure that employers provide safe conditions for their employ-
 ees.
   § 3. The labor law is amended by adding a new article 20-D to read  as
 follows:
                               ARTICLE 20-D
                    TEMPERATURE REGULATION BY EMPLOYERS
 SECTION 742. SCOPE.
         743. DEFINITIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04582-22-4
 A. 8935--B                          2
 
         744. HEAT PROTECTION STANDARDS.
         745. EDUCATION AND TRAINING.
         746. ENFORCEMENT.
   §  742. SCOPE. 1. THE FOLLOWING COVERED INDUSTRIES WILL BE HELD TO THE
 STANDARDS IN THIS ARTICLE:
   (A) AGRICULTURE;
   (B) CONSTRUCTION, UNLESS THE EMPLOYER IS PARTY TO  A:  (I)  COLLECTIVE
 BARGAINING  AGREEMENT  OR  (II) PROJECT LABOR AGREEMENT WITH A BONA FIDE
 BUILDING AND CONSTRUCTION TRADES COUNCIL;
   (C) LANDSCAPING;
   (D) CAR WASH SERVICE;
   (E) COMMERCIAL SHIPPING;
   (F) FOOD SERVICE; AND
   (G) WAREHOUSING.
   2. FOR THE PURPOSES OF THIS ARTICLE, OUTDOOR WORKSITES OF THE  COVERED
 INDUSTRIES  IN  PARAGRAPHS  (A), (B), (C), AND (D) OF SUBDIVISION ONE OF
 THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS HEREIN. FOR THE PURPOSES
 OF THIS ARTICLE, INDOOR WORKSITES OF THE  COVERED  INDUSTRIES  IN  PARA-
 GRAPHS  (E),  (F),  AND  (G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
 SUBJECT TO THE PROVISIONS HEREIN.
   § 743. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EMPLOYEE"  MEANS  ANY  PERSON WITHIN A COVERED INDUSTRY PROVIDING
 LABOR OR SERVICES WITHIN THE SCOPE OF THIS ARTICLE FOR REMUNERATION  FOR
 A PUBLIC OR PRIVATE ENTITY OR BUSINESS WITHIN THE STATE,  WITHOUT REGARD
 TO  AN  INDIVIDUAL'S  IMMIGRATION  STATUS, AND SHALL INCLUDE, BUT NOT BE
 LIMITED TO,  PART-TIME  WORKERS,  INDEPENDENT CONTRACTORS, DAY LABORERS,
 FARMWORKERS AND  OTHER TEMPORARY   AND SEASONAL WORKERS  WORKING  IN  AN
 INDUSTRY  IDENTIFIED  IN THIS ARTICLE. THE TERM SHALL ALSO INCLUDE INDI-
 VIDUALS WORKING FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS  ON
 BEHALF  OF  THE  EMPLOYER  AT ANY INDIVIDUAL WORKSITE, AS  WELL  AS  ANY
 INDIVIDUAL DELIVERING  GOODS  OR TRANSPORTING PEOPLE AT, TO OR FROM  THE
 WORKSITE  ON BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER  DELIVERY  OR
 TRANSPORT  IS CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT WOULD  OTHERWISE
 BE  DEEMED AN EMPLOYER UNDER THIS ARTICLE, OR ANY PERSON HOLDING A POSI-
 TION BY APPOINTMENT OR EMPLOYMENT IN THE SERVICE OF  A  PUBLIC  EMPLOYER
 WITHIN THE SCOPE OF THIS ARTICLE.
   2.  "EMPLOYER"  MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 PUBLIC ENTITY, OR ANY  ORGANIZED  GROUP  ACTING  AS  EMPLOYER  WITHIN  A
 COVERED INDUSTRY IDENTIFIED IN THIS ARTICLE.
   3.  "INDOOR  WORKSITE"  MEANS ANY ENCLOSED WORK VEHICLES AND ANY SPACE
 BETWEEN A FLOOR AND A CEILING BOUND  ON  ALL  SIDES  BY  WALLS.  A  WALL
 INCLUDES  ANY  DOOR,  WINDOW, RETRACTABLE DIVIDER, GARAGE DOOR, OR OTHER
 PHYSICAL BARRIERS THAT  IS  TEMPORARY  OR  PERMANENT,  WHETHER  OPEN  OR
 CLOSED.
   4.  "OUTDOOR  WORKSITE"  MEANS ALL EMPLOYERS WITH EMPLOYEES PERFORMING
 WORK IN AN OUTDOOR ENVIRONMENT. THE TERM OUTDOOR WORKSITE DOES NOT APPLY
 TO INCIDENTAL EXPOSURE, WHICH EXISTS WHEN AN  EMPLOYEE  IS  REQUIRED  TO
 PERFORM  A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES IN
 ANY SIXTY-MINUTE PERIOD.
   5. "HEAT STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD OF EIGHTY  OR
 MORE  DEGREES FAHRENHEIT.   FOR THE PURPOSES OF INDOOR TEMPERATURE REGU-
 LATED ENVIRONMENTS, THE INDOOR TEMPERATURE  SHALL  FALL  BETWEEN  SIXTY-
 EIGHT AND SEVENTY-FIVE DEGREES FAHRENHEIT, TO THE EXTENT PRACTICABLE.
 A. 8935--B                          3
 
   6. "HEAT ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
 BODY'S  INABILITY  TO  COPE WITH EXTREME HEAT TEMPERATURE STRESS THRESH-
 OLDS, AND INCLUDES, BUT IS NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION,
 HEAT SYNCOPE, AND HEAT STROKE.
   7.  "PERSONAL  PROTECTIVE  EQUIPMENT"  OR  "PPE"  MEANS  THE NECESSARY
 PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND EXTREME HEAT AT OR
 EXCEEDING THE HEAT STRESS THRESHOLDS.
   § 744. HEAT PROTECTION STANDARDS.   THE  EMPLOYER  SHALL  FULFILL  THE
 FOLLOWING  REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR WORK-
 SITE AND EXPERIENCING CONDITIONS AT OR EXCEEDING A HEAT  STRESS  THRESH-
 OLD:
   1.  ACCESS  TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS TO POTABLE
 DRINKING WATER AT NO COST TO THE EMPLOYEE.  THE WATER SHALL  BE  LOCATED
 AS  CLOSE AS PRACTICABLE TO THE AREAS WHERE EMPLOYEES ARE WORKING. WATER
 SHALL BE PROVIDED AT THE BEGINNING OF THE  WORK  SHIFT  TO  PROVIDE  ONE
 QUART PER EMPLOYEE PER HOUR FOR DRINKING FOR THE ENTIRE SHIFT; PROVIDED,
 HOWEVER, THAT AN EMPLOYER MAY BEGIN THE SHIFT WITH SMALLER QUANTITIES OF
 WATER  WHERE  SUCH  EMPLOYER  HAS EFFECTIVE PROCEDURES FOR REPLENISHMENT
 DURING THE SHIFT AS NEEDED TO ALLOW EMPLOYEES TO DRINK ONE QUART OR MORE
 PER HOUR.
   2. MEDICAL MONITORING.  EMPLOYERS SHALL CLOSELY  MONITOR  TEMPERATURES
 AND  IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE EXHIBITS
 SIGNS OR REPORTS SYMPTOMS OF HEAT ILLNESS WHILE  TAKING  A  PREVENTATIVE
 BREAK  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, OR AT ANY OTHER
 TIME, THE EMPLOYER SHALL MAKE A REASONABLE EFFORT TO PROVIDE THE  WORKER
 WITH ACCESS TO FIRST AID OR OTHER TREATMENT.
   3. ACCESS TO SHADE.  (A) WITH RESPECT TO OUTDOOR SITES, SHADE SHALL BE
 MADE  AVAILABLE WHILE EMPLOYEES ARE PRESENT WHEN THE TEMPERATURE EXCEEDS
 EIGHTY DEGREES FAHRENHEIT AND SHALL BE  AS  CLOSE  TO  THE  WORKSITE  AS
 REASONABLY  POSSIBLE.  WHEN  THE  OUTDOOR  TEMPERATURE  IN THE WORK AREA
 EXCEEDS EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND  MAINTAIN
 ONE  OR  MORE  AREAS WITH SHADE AT ALL TIMES WHILE EMPLOYEES ARE PRESENT
 THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
 THE AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE  THE
 NUMBER  OF  EMPLOYEES  ON PREVENTATIVE BREAKS, SO THAT THEY CAN SIT IN A
 NORMAL POSTURE FULLY IN THE SHADE WITH AT LEAST  FOUR  SQUARE  FEET  PER
 RESTING EMPLOYEE.
   (B) WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS INFEASIBLE OR UNSAFE
 TO  HAVE  A  SHADE  STRUCTURE,  OR  OTHERWISE TO HAVE SHADE PRESENT ON A
 CONTINUOUS BASIS, THE EMPLOYER MAY UTILIZE  ALTERNATIVE  PROCEDURES  FOR
 PROVIDING  ACCESS  TO SHADE IF THE ALTERNATIVE PROCEDURES PROVIDE EQUIV-
 ALENT PROTECTION.
   4. PREVENTATIVE BREAKS. (A) EMPLOYEES SHALL BE ALLOWED AND  ENCOURAGED
 TO  TAKE  PAID  PREVENTATIVE  BREAKS  WHEN  THEY  FEEL THE ONSET OF HEAT
 ILLNESS. EMPLOYEES SHALL NOTIFY THEIR EMPLOYER AS SOON AS POSSIBLE ABOUT
 SUCH ONSET AND A PREVENTATIVE BREAK SHALL BE OFFERED TO SUCH  EMPLOYEES.
 SUCH  PREVENTATIVE  BREAK  MAY  INCLUDE ACCESS TO SHADE.   AN INDIVIDUAL
 EMPLOYEE WHO TAKES A PREVENTATIVE BREAK:
   (I) SHALL BE MONITORED AND ASKED IF THEY ARE EXPERIENCING SYMPTOMS  OF
 HEAT ILLNESS;
   (II)  SHALL  BE  ENCOURAGED  TO  REMAIN IN THE SHADE, WHERE APPLICABLE
 UNDER SUBDIVISION THREE OF THIS SECTION; AND
   (III) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
 HEAT ILLNESS HAVE ABATED, BUT IN NO EVENT, LESS  THAN  FIVE  MINUTES  IN
 ADDITION TO THE TIME NEEDED TO ACCESS SHADE WHERE APPLICABLE.
 A. 8935--B                          4
 
   (B)  WITH  RESPECT  TO OUTDOOR SITES, WHERE THE TEMPERATURE REACHES OR
 EXCEEDS NINETY-FIVE DEGREES FAHRENHEIT, THE  EMPLOYER  SHALL  ALLOW  AND
 ENCOURAGE  EMPLOYEES TO TAKE A MINIMUM TEN MINUTE PREVENTATIVE COOL-DOWN
 REST PERIOD EVERY TWO HOURS.
   5.  PERSONAL  PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
 SARY PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND  TEMPERATURES
 AT  OR  EXCEEDING  THE HEAT STRESS THRESHOLDS TO THE EXTENT PRACTICABLE.
 THIS MAY INCLUDE, BUT IS NOT LIMITED TO:
   (A) FANS, IF POSSIBLE;
   (B) AIR-CONDITIONING, WHICH SHALL BE MANDATED IN ALL DELIVERY VEHICLES
 AND WAREHOUSES IN AN INDUSTRY IDENTIFIED IN THIS ARTICLE; AND
   (C) ANYTHING ADDITIONAL DEEMED NECESSARY BY THE DEPARTMENT  TO  COMBAT
 EXTREME HEAT.
   6.  VEHICLE  STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
 WORKPLACE OR EMPLOYER PROVIDED VEHICLES EACH DAY OR  WHOSE  WORKSITE  IS
 CONSIDERED  AN  EMPLOYER PROVIDED VEHICLE SHALL HAVE ADEQUATE AIR-CONDI-
 TIONING AVAILABLE INSIDE SUCH VEHICLE.
   § 745. EDUCATION AND  TRAINING.  1.  TRAINING.  THE  DEPARTMENT  SHALL
 CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF HEAT ILLNESS AND THE
 AVAILABLE  MEDICAL RESPONSES. SUCH TRAINING SHALL BE ADMINISTERED BY THE
 EMPLOYER AT TIME OF HIRING OR THE EMPLOYEE'S TRAINING FUND IF  A  MEMBER
 OF ORGANIZED LABOR.
   2.  MANDATED  SIGNAGE  AND  MATERIALS. THE DEPARTMENT SHALL PROMULGATE
 SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
 TO EMPLOYEES BY THEIR EMPLOYER  IN  THE  TWELVE  MOST  COMMON  LANGUAGES
 SPOKEN IN THE STATE REGARDING THE FOLLOWING:
   (A) SIGNS OF HEAT ILLNESS;
   (B) HEAT STRESS THRESHOLDS;
   (C) EMPLOYER REQUIRED PROTECTIONS FROM HEAT STRESS THRESHOLDS;
   (D)  WHERE  EMPLOYEES  CAN REPORT AN EMPLOYER'S LACK OF ACCOMMODATION;
 AND
   (E) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
   3. UNLAWFUL RETALIATION.   FOR THE PURPOSES  OF  THIS  ARTICLE,  THERE
 SHALL BE A REBUTTABLE PRESUMPTION OF UNLAWFUL RETALIATION IF AN EMPLOYER
 IN ANY MANNER DISCRIMINATES, RETALIATES, OR  TAKES  ANY  ADVERSE  ACTION
 AGAINST  ANY  EMPLOYEE  WITHIN  NINETY DAYS OF THE EMPLOYEE INITIATING A
 COMPLAINT PURSUANT TO THIS ARTICLE.
   4. OUTREACH CAMPAIGN.   THE DEPARTMENT  SHALL  ESTABLISH  A  STATEWIDE
 OUTREACH  CAMPAIGN  TO  EDUCATE  EMPLOYEES ON THE HEAT ILLNESS STANDARDS
 ESTABLISHED AND ENSURE THAT EMPLOYERS ARE  PROVIDING  ACCESS  TO  PROPER
 SIGNAGE AND MATERIALS.
   §  746.  ENFORCEMENT.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGU-
 LATIONS TO REQUIRE THE FOLLOWING:
   1. EVERY EMPLOYER IN A COVERED INDUSTRY  SHALL  COLLECT  AND  MAINTAIN
 DATA  AND  RECORDS  AS  REQUIRED  BY  THE DEPARTMENT ON ALL HEAT-RELATED
 ILLNESSES AND FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
   2. EVERY EMPLOYER IN A COVERED INDUSTRY SHALL SUBMIT  REPORTS  OF  THE
 DATA  COLLECTED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANNUALLY TO
 THE DEPARTMENT AND SUCH REPORTS SHALL BE PUBLISHED BY THE DEPARTMENT  ON
 A  SEARCHABLE  DATABASE.  EMPLOYERS SHALL MAKE SUCH REPORTS AVAILABLE TO
 ANY EMPLOYEE OR APPLICABLE LABOR ORGANIZATION UPON  REQUEST  WITHIN  TEN
 BUSINESS  DAYS.  AN EXTREME HEAT-RELATED FATALITY ON A CONSTRUCTION SITE
 SHALL BE DEEMED A WORK-RELATED INJURY  FOR  THE  PURPOSES  OF  REPORTING
 PURSUANT TO SECTION FORTY-FOUR OF THIS CHAPTER.
   3.  EVERY  EMPLOYER  IN A COVERED INDUSTRY SHALL SUBMIT FOR APPROVAL A
 WRITTEN PLAN ON HOW HEAT-RELATED STRESS WILL BE MITIGATED TO THE DEPART-
 A. 8935--B                          5
 
 MENT. ONCE APPROVED BY THE DEPARTMENT, AN EMPLOYER  SHALL  PROVIDE  SUCH
 PLAN  TO  ALL  EMPLOYEES AND APPLICABLE LABOR ORGANIZATIONS ON AN ANNUAL
 BASIS.
   4.  EVERY EMPLOYER IN A COVERED INDUSTRY SHALL BE SUBJECT TO FINES FOR
 NOT ADHERING TO  THE  MANDATORY  REPORTING  AND  ENFORCEMENT  PROTOCOLS.
 EMPLOYERS  SHALL  BE  REQUIRED  TO  PAY  PENALTIES OF NO LESS THAN FIFTY
 DOLLARS PER DAY FOR FAILING TO IMPLEMENT HEAT  PROTECTION  STANDARDS  AS
 SET  FORTH  IN THIS ARTICLE.  THE DEPARTMENT SHALL ADMINISTER NOTICE AND
 COLLECT ALL FINES.
   5. THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE  FORM
 WHERE  EMPLOYEES  CAN FILE COMPLAINTS WITH THE DEPARTMENT REGARDING HEAT
 PROTECTION STANDARDS.
   6. ANY OTHER REPORTING OR ENFORCEMENT PROTOCOLS  NECESSARY  TO  ENSURE
 THE PROTECTION OF WORKERS.
   §  4.  This  act shall take effect on the ninetieth day 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 effective date.