Bill Text: NY S02821 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes benefits and protections for essential employees providing essential services during a state of emergency; defines essential services; requires certain disaster plans to provide measures to provide benefits and protections to employees providing essential services and requires such disaster plans to provide care to students aged 12 and under.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S02821 Detail]
Download: New_York-2021-S02821-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2821 2021-2022 Regular Sessions IN SENATE January 25, 2021 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law, in relation to establishing benefits and protections 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: 1 Section 1. Subdivision 2 of section 20 of the executive law is amended 2 by adding a new paragraph l to read as follows: 3 l. "Essential services" means services, whether rendered to the 4 government or to any other person, provided by essential persons, busi- 5 nesses, non-profits or other entities. 6 § 2. Subparagraph 4 of paragraph a of subdivision 7 of section 23 of 7 the executive law, as amended by section 4 of part B of chapter 56 of 8 the laws of 2010, is amended and two new subparagraphs 5 and 6 are added 9 to read as follows: 10 (4) such other measures as reasonably can be taken to protect lives, 11 prevent disasters, and reduce their impact[.]; 12 (5) such measures as reasonably can be taken to provide all benefits 13 and protections to employees of essential persons, businesses, non-pro- 14 fits or other entities providing essential services that maintain 15 support for such positions including, but not limited to, child care, 16 medical supplies and/or personal protective equipment; 17 (6) suggested measures to provide care to, at a minimum, students aged 18 twelve and under. In order to ensure that emergency plans are providing 19 for the needs of such students, such plans shall clarify the work that 20 falls within each of the identified essential persons, businesses, non- 21 profits or other entities. Additionally, such plans shall be used by 22 child care providers to prioritize the needs of essential workers during 23 an emergency. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06182-01-1S. 2821 2 1 § 3. Subparagraph (vi) of paragraph g of subdivision 1 of section 24 2 of the executive law, as added by chapter 640 of the laws of 1978 and as 3 relettered by chapter 158 of the laws of 1994, is amended and two new 4 paragraphs h and i are added to read as follows: 5 (vi) when practicable, specialists shall be assigned to assist with 6 the related emergency actions to avoid adverse effects resulting from 7 such suspension[.]; 8 h. such measures as reasonably can be taken to provide all benefits 9 and protections to employees of essential persons, businesses, non-pro- 10 fits or other entities providing essential services that maintain 11 support for such positions including, but not limited to, child care, 12 medical supplies and/or personal protective equipment; 13 i. suggested measures to provide care to, at a minimum, students aged 14 twelve and under. In order to ensure that emergency plans are providing 15 for the needs of such students, such plans shall clarify the work that 16 falls within each of the identified essential persons, businesses, non- 17 profits or other entities. Additionally, such plans shall be used by 18 child care providers to prioritize the needs of essential workers during 19 an emergency. 20 § 4. Section 29 of the executive law, as added by chapter 640 of the 21 laws of 1978, is amended to read as follows: 22 § 29. Direction of state agency assistance in a disaster emergency. 23 Upon the declaration of a state disaster emergency the governor may 24 direct any and all agencies of the state government to provide assist- 25 ance under the coordination of the disaster preparedness commission. 26 Such state assistance may include: (1) utilizing, lending, or giving to 27 political subdivisions, with or without compensation therefor, equip- 28 ment, supplies, facilities, services of state personnel, and other 29 resources, other than the extension of credit; (2) distributing medi- 30 cine, medical supplies, food and other consumable supplies through any 31 public or private agency authorized to distribute the same; (3) perform- 32 ing on public or private lands temporary emergency work essential for 33 the protection of public health and safety, clearing debris and wreck- 34 age, making emergency repairs to and temporary replacements of public 35 facilities of political subdivisions damaged or destroyed as a result of 36 such disaster; [and] (4) making such other use of their facilities, 37 equipment, supplies and personnel as may be necessary to assist in 38 coping with the disaster or any emergency resulting therefrom; and (5) 39 benefits and protections to employees of essential persons, businesses, 40 non-profits or other entities providing essential services that maintain 41 support for such positions including, but not limited to, child care, 42 medical supplies and/or personal protective equipment. 43 § 5. This act shall take effect immediately.
