S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2059
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS, PAULIN, LEVENBERG, JENSEN, KIM,
   HEVESI, SIMON, MAHER, GALLAGHER, WEPRIN, DAVILA,  K. BROWN,  BRABENEC,
   RAGA, EPSTEIN, SHRESTHA, FORREST, SIMONE, MANKTELOW, SLATER, GALLAHAN,
   GIGLIO, LEMONDES -- read once and referred to the Committee on Govern-
   mental Operations

 AN  ACT  to  amend  the public health law, in relation to establishing a
   COVID-19 pandemic response study commission;  and  providing  for  the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2180 of the public health law is amended by  adding
 two new subdivisions 14 and 15 to read as follows:
   14. "COVID-19 PANDEMIC" MEANS THE PANDEMIC OF COVID-19 BEGINNING IN OR
 ABOUT FEBRUARY, TWO THOUSAND TWENTY.
   15. "COMMISSION" MEANS THE COVID-19 PANDEMIC RESPONSE STUDY COMMISSION
 ESTABLISHED  PURSUANT  TO SECTION TWENTY-ONE HUNDRED EIGHTY-FOUR OF THIS
 TITLE.
   § 2. The public health law is amended by adding a new section 2184  to
 read as follows:
   §  2184.  COVID-19 PANDEMIC RESPONSE STUDY COMMISSION. 1. (A) THERE IS
 HEREBY ESTABLISHED IN THE DEPARTMENT A COVID-19 PANDEMIC RESPONSE  STUDY
 COMMISSION TO STUDY THE STATE'S RESPONSE TO THE COVID-19 PANDEMIC.
   (B) THE COMMISSION SHALL CONSIST OF SIXTEEN VOTING MEMBERS AS FOLLOWS,
 AFTER  RECEIVING THE RECOMMENDATIONS RECEIVED BY THE COMMISSIONER PURSU-
 ANT TO PARAGRAPH (C) OF THIS SUBDIVISION: EIGHT SHALL  BE  APPOINTED  BY
 THE  GOVERNOR,  ONE  OF  WHOM SHALL BE DESIGNATED BY THE GOVERNOR AS THE
 CHAIR OF THE COMMISSION; THREE SHALL BE APPOINTED BY THE TEMPORARY PRES-
 IDENT OF THE SENATE; THREE SHALL BE APPOINTED  BY  THE  SPEAKER  OF  THE
 ASSEMBLY;  ONE SHALL BE APPOINTED BY THE SENATE MINORITY LEADER; AND ONE
 SHALL BE APPOINTED BY THE ASSEMBLY MINORITY LEADER. AT LEAST HALF OF THE
 APPOINTEES OF EACH APPOINTING OFFICER,  RESPECTIVELY,  SHALL  BE  CHOSEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03410-01-5
              

 A. 2059                             2
 
 FROM  THE  RECOMMENDATIONS OF THE COMMISSIONER PURSUANT TO PARAGRAPH (C)
 OF THIS SUBDIVISION. THE COMMISSIONER AND THE COMMISSIONER OF THE  DIVI-
 SION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES, OR THEIR RESPECTIVE
 DESIGNEES,  SHALL BE EX OFFICIO NON-VOTING MEMBERS OF THE COMMISSION. IF
 A VACANCY OCCURS IN THE MEMBERSHIP OF THE COMMISSION, IT SHALL BE FILLED
 BY APPOINTMENT BY THE RESPECTIVE APPOINTING OFFICER.
   (C) THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE  DIVI-
 SION  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, THE COUNTY HEALTH
 COMMISSIONERS, THE NEW YORK  CITY  COMMISSIONER  OF  HEALTH  AND  MENTAL
 HYGIENE,  THE  LOCAL  HEALTH  OFFICERS,  AND THE DEANS OF THE SCHOOLS OF
 PUBLIC HEALTH IN  THE  STATE,  TO  SOLICIT  RECOMMENDATIONS  (WHICH  MAY
 INCLUDE  THEMSELVES) FOR APPOINTMENT TO THE COMMISSION. THE COMMISSIONER
 SHALL ADVISE THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE
 SPEAKER  OF  THE  ASSEMBLY,  THE SENATE MINORITY LEADER AND THE ASSEMBLY
 MINORITY LEADER OF THE RECOMMENDATIONS THE COMMISSIONER RECEIVES  PURSU-
 ANT TO THIS PARAGRAPH.
   (D)  A  MAJORITY  OF  THE  MEMBERS  APPOINTED  TO THE COMMISSION SHALL
 CONSTITUTE A QUORUM TO HOLD A MEETING AND TO CONDUCT OFFICIAL  BUSINESS.
 THE  COMMISSION  SHALL ACT BY THE MAJORITY VOTE OF THE MEMBERS APPOINTED
 TO THE COMMISSION.
   (E) ALL MEMBERS OF THE COMMISSION SHALL BE SELECTED BY THE  APPOINTING
 OFFICIALS  BASED  ON  THE  MEMBER'S EXPERTISE AND EXPERIENCE IN RELEVANT
 FIELDS SUCH AS HEALTH CARE, PUBLIC HEALTH, EMERGENCY PROCUREMENT,  EMER-
 GENCY  MANAGEMENT,  LABOR  AND  BUSINESS. AT LEAST ONE MEMBER SHALL HAVE
 EXPERTISE OR EXPERIENCE IN ADDRESSING THE HEALTH CARE  NEEDS  OF  UNDER-
 SERVED COMMUNITIES DISPROPORTIONATELY AFFECTED BY COVID-19.
   (F)  MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED  IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION. MEMBERS
 OF THE COMMISSION SHALL NOT BE PRECLUDED FROM  HOLDING  OTHER  STATE  OR
 LOCAL GOVERNMENT OFFICE OR EMPLOYMENT.
   (G) THE COMMISSION MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF ANY
 FEDERAL,  STATE  OR  LOCAL GOVERNMENT OFFICIAL OR ENTITY IN CARRYING OUT
 ITS FUNCTIONS. THE COMMISSION MAY RECEIVE FINANCIAL SUPPORT FOR CARRYING
 OUT ITS FUNCTIONS FROM ANY FEDERAL, STATE OR NON-PROFIT ENTITY.
   2. (A) THE COMMISSION SHALL STUDY THE RESPONSE TO THE COVID-19 PANDEM-
 IC BY STATE AND LOCAL GOVERNMENTS, PUBLIC ENTITIES, HEALTH  CARE  INSTI-
 TUTIONS  AND PROVIDERS, EDUCATIONAL INSTITUTIONS, OTHER INSTITUTIONS AND
 ENTITIES, AND THE PUBLIC, INCLUDING,  BUT  NOT  LIMITED  TO:  HOSPITALS,
 NURSING  HOMES,  JAILS,  PRISONS,  OTHER  SECURE  FACILITIES,  AND OTHER
 CONGREGATE CARE SETTINGS; THE SHUTDOWN AND  RE-OPENINGS  OF  EDUCATIONAL
 INSTITUTIONS;  POLICIES  AND  PRACTICES RELATING TO EMPLOYERS, EMPLOYEES
 AND CONSUMERS; RELATIONSHIPS AMONG STATE, FEDERAL AND  LOCAL  GOVERNMENT
 OFFICIALS  AND ENTITIES; AND EFFECTIVE COMMUNICATION AND SHARING OF DATA
 WITH THE PUBLIC.
   (B) THE COMMISSION SHALL CONDUCT APPROPRIATE STUDIES AND PUBLIC  HEAR-
 INGS,  INCLUDING  ONE  OR  MORE  HEARINGS  ON  ITS PRELIMINARY REPORT OR
 REPORTS.
   (C) THE COMMISSION SHALL ISSUE ONE OR MORE PRELIMINARY REPORTS OF  ITS
 FINDINGS. THE COMMISSION SHALL ISSUE THE FIRST PRELIMINARY REPORT WITHIN
 ONE  YEAR  AFTER  ITS INITIAL MEETING. THE PRELIMINARY REPORT OR REPORTS
 SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
   (D) THE COMMISSION SHALL PUBLISH A FINAL REPORT OF ITS FINDINGS WITHIN
 EIGHTEEN MONTHS OF ITS INITIAL MEETING, WHICH SHALL BE PUBLISHED ON  THE
 DEPARTMENT'S WEBSITE.
 A. 2059                             3
 
   (E)  THE COMMISSION'S PROCEEDINGS SHALL BE SUBJECT TO ARTICLES SIX AND
 SEVEN OF THE PUBLIC OFFICERS LAW.
   (F)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO HIRE EMPLOYEES AND
 EXECUTE CONTRACTS IN EXERCISING ITS FUNCTIONS.
   (G) THE COMMISSION MAY CONDUCT AND SOLICIT RESEARCH AND DATA-GATHERING
 AS IT DEEMS NECESSARY, CONSISTENT WITH APPLICABLE LAW.
   (H) FOR THE ACCOMPLISHMENT OF ITS PURPOSES, THE COMMISSION SHALL  HAVE
 ACCESS TO STATE RECORDS AND DOCUMENTS, INCLUDING CONFIDENTIAL MATERIALS,
 AND  SHALL  BE  ABLE  TO  INTERVIEW WITNESSES, AND ISSUE SUBPOENAS.  THE
 COMMISSION SHALL  PROTECT  THE  CONFIDENTIALITY  OF  INDIVIDUAL  PATIENT
 INFORMATION.
   3. THE COMMISSION SHALL EXPIRE AND BE DEEMED REPEALED SIXTY DAYS AFTER
 IT  ISSUES  ITS  FINAL  REPORT, PROVIDED THAT THE GOVERNOR, BY EXECUTIVE
 ORDER, MAY CONTINUE THE EXISTENCE OF THE COMMISSION  AND  ITS  FUNCTIONS
 FOR  ONE  OR MORE FIXED PERIODS. IF THE GOVERNOR CONTINUES THE EXISTENCE
 OF THE COMMISSION, THE COMMISSION MAY ISSUE ADDITIONAL REPORTS.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  upon  the issuance of the commission's final report as
 required pursuant to subdivision 3 of section 2184 of the public  health
 law,  as  added  by section two of this act; provided, however, that the
 commissioner of health or the commissioner of the division  of  homeland
 security and emergency services shall notify the legislative bill draft-
 ing  commission upon the occurrence of the delivery of the report or the
 continuance of such commission provided for in subdivision 3 of  section
 2184  of  the  public  health law as added by section two of this act in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.