§ 1399-ii. Tobacco and vapor product use prevention and control
program. 1. To improve the health, quality of life, and economic
well-being of all New York state citizens, there is hereby established
within the department a comprehensive statewide tobacco and vapor
product use prevention and control program.

2. The department shall support tobacco and vapor product use
prevention and control activities including, but not limited to:

(a) Community programs to prevent and reduce tobacco use through local
involvement and partnerships;

(b) School-based programs to prevent and reduce tobacco use and use of
vapor products;

(c) Marketing and advertising to discourage tobacco, vapor product and
liquid nicotine use;

(d) Nicotine cessation programs for youth and adults;

(e) Special projects to reduce the disparities in smoking prevalence
among various populations;

(f) Restriction of youth access to tobacco products and vapor
products;

(g) Surveillance of smoking and vaping rates; and

(h) Any other activities determined by the commissioner to be
necessary to implement the provisions of this section.

Such programs shall be selected by the commissioner through an
application process which takes into account whether a program utilizes
methods recognized as effective in reducing nicotine use. Eligible
applicants may include, but not be limited to, a health care provider,
schools, a college or university, a local public health department, a
public health organization, a health care provider organization,
association or society, municipal corporation, or a professional
education organization.

3. (a) There shall be established a tobacco use prevention and control
advisory board to advise the commissioner on tobacco use prevention and
control issues and vapor product use amongst persons less than
twenty-one years of age, including methods to prevent and reduce tobacco
use in the state.

(b) The board shall consist of seventeen members who shall be
appointed as follows: nine members by the governor; three members by the
speaker of the assembly; three members by the temporary president of the
senate and one member each by the minority leader of the senate and
minority leader of the assembly. Any vacancy or subsequent appointment
shall be filled in the same manner and by the same appointing authority
as the original appointment. The chairperson of the board shall be
designated by the governor from among the members of the board.

(c) The members shall serve for terms of two years commencing on the
effective date of this section. Members of the board shall receive no
compensation but shall be reimbursed for reasonable travel and other
expenses incurred in the performance of their duties hereunder.

(d) The board shall meet as often as it deems necessary, but no less
than four times a year. No nominee to the board shall have any past or
current affiliation with the tobacco industry, vapor products industry
or any industry, contractor, agent, or organization that engages in the
manufacturing, marketing, distributing, or sale of tobacco products. The
board shall be appointed in full within ninety days of the effective
date of this section.

(e) The department shall prepare and submit to the board a spending
plan for the tobacco and vapor product use prevention and control
program authorized pursuant to the provisions of subdivision one of this
section no later than thirty days after the submission of the budget to
the legislature.