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STATE OF NEW YORK
________________________________________________________________________

9900

IN ASSEMBLY

April 20, 2012
___________

Introduced  by M. of A. LATIMER, ENGLEBRIGHT -- (at request of the Divi-
  sion of Homeland Security and Emergency Services)  --  read  once  and
  referred to the Committee on Governmental Operations

AN ACT to amend the civil service law, the county law, the executive law
  and  the  general  municipal  law,  in  relation  to  making technical
  corrections

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 58-a of the civil service law, as added by chapter
369 of the laws of 1976, subdivisions 1 and 5 as amended by chapter  225
of the laws of 1979, is amended to read as follows:
  S 58-a. Requirements  for  provisional  or  permanent  appointment  of
certain fire fighters. 1. Notwithstanding any other  provision  of  this
law  or  any  general,  special  or local law to the contrary, no person
shall be eligible  for  provisional  or  permanent  appointment  in  the
competitive  class  of  the civil service as a fire fighter unless he OR
SHE shall satisfy the basic requirements for education, health and phys-
ical fitness established  by  the  [governor  pursuant  to  section  one
hundred  fifty-nine-d]  STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE
HUNDRED FIFTY-EIGHT of the executive law.
  2. Notwithstanding the provisions of subdivision one of this  section,
upon  the  request  of a municipal commission having jurisdiction over a
fire department and upon a showing by such municipal  commission  and  a
determination by the state commission that aggravated recruitment diffi-
culties  are  causing  a  serious shortage of fire fighters in such fire
department and  that  such  municipal  commission  and  all  appropriate
authorities  are  making diligent efforts, including payment of adequate
compensation, to  overcome  such  recruitment  difficulties,  the  state
commission,  with the approval of the [fire fighting personnel standards
and education commission]  STATE  FIRE  ADMINISTRATOR,  may  change  the
educational,  health  and  physical fitness requirements for provisional
and permanent appointment as a fire fighter in such fire department  for
a  period  not  exceeding two years from the date of such determination.
Such changes may be authorized for an additional  period  not  exceeding

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14465-01-2
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two  years,  upon a showing and a determination similar to that required
hereunder for the original authorization.
  3.  The provisions of this section shall not prevent the establishment
of more restrictive local requirements for eligibility for  fire  fight-
ers.
  4.  For  the purposes of this section fire fighter means a member of a
fire department whose duties include fire service  as  the  phrase  fire
service is defined in paragraph d of subdivision eleven of section three
hundred two of the retirement and social security law.
  5.  Any  person  whose name was on an eligible list for appointment in
the competitive class of the civil service as a fire fighter on the date
educational, health and physical fitness requirements for fire  fighters
are  promulgated by the [governor pursuant to section one hundred fifty-
nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED  FIFTY-
EIGHT  of  the  executive  law,  shall  continue  to remain eligible for
appointment from such list during the life of such list without satisfy-
ing such requirements provided he OR SHE would otherwise  have  remained
eligible  for  appointment  from  such list if this section had not been
enacted.
  6. The provisions of this section shall not apply to appointments made
by any county, city, town, village or fire district which  employs  five
or fewer fire fighters.
  S  2.  Section 236-b of the county law, as added by chapter 339 of the
laws of 2009, is amended to read as follows:
  S 236-b. County electrical inspector licensing.    1.  Notwithstanding
any  inconsistent  general,  special,  or local law to the contrary, the
county of Westchester is hereby authorized to  establish  a  Westchester
county  board of examiners for electrical inspectors and to empower such
board to assume all licensing duties within the  county  of  Westchester
with  respect  to  the licensure of electrical inspectors. The county of
Westchester shall provide for electrical inspectors' duties and  respon-
sibilities  with  respect  to  applications  for a license or renewal in
accordance with the local law of such county. A local law enacted pursu-
ant to this section establishing county licensure of electrical  inspec-
tors  shall  provide  standards  for licensure which shall include, at a
minimum, a provision that no person shall obtain a license  unless  such
person  shall  have  received  training  in the inspection of electrical
components, equipment and systems used in buildings and structures which
is at least equivalent to the training in the inspection  of  electrical
components,  equipment  and  systems  used  in  buildings and structures
required for code enforcement personnel under the rules and  regulations
promulgated  by  the  [governor  pursuant to article six-C] SECRETARY OF
STATE PURSUANT TO SECTION THREE HUNDRED SEVENTY-SIX-A of  the  executive
law.
  2.  A  local  law enacted pursuant to this section establishing county
licensure of electrical inspectors shall supersede any provision requir-
ing electrical inspectors to also obtain a local license promulgated  by
a  city,  town or village in the county pursuant to any general, special
or local law. Nothing in this section shall be deemed to  supersede  any
of  the  powers,  functions  and  duties  of the [fire fighting and code
enforcement personnel standards and education commission, as  set  forth
in  article  six-C] SECRETARY OF STATE PURSUANT TO SECTION THREE HUNDRED
SEVENTY-SIX-A of the executive law.
  3. In this section, the term "electrical  inspector"  shall  mean  any
person  who  now  or hereafter inspects electrical components, equipment
and systems used in buildings and structures to determine the compliance
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of such electrical components, equipment and systems and  the  installa-
tion  of  such  electrical  components,  equipment  and systems with the
applicable provisions of the state uniform fire prevention and  building
code  promulgated  pursuant  to  article  eighteen of the executive law;
provided, however, that the term electrical inspector shall not  include
any  person who performs such inspections as an employee of the state of
New York, any agency of the state of New York, or any county, city, town
or village. In no event shall any person who now or  hereafter  performs
such  inspections as an employee of the state of New York, any agency of
the state of New York, or any county, city, town or village be  required
to  obtain  a license issued pursuant to this section or pursuant to any
local law enacted pursuant to this section.
  4. In this section, the term "agency of the state of New  York"  shall
include  any  department, bureau, commission, board, public authority or
other agency of the state of New York; any  public  benefit  corporation
whose  board of directors includes any member appointed by the governor;
any subdivision of any department,  bureau,  commission,  board,  public
authority  or other agency of the state which is easily identifiable and
which for most other purposes is treated as an independent state agency;
and the office for technology.
  S 3. Section 156-a of the executive law, as amended by  section  1  of
part D of chapter 1 of the laws of 2004, is amended to read as follows:
  S 156-a. Establishment  of a specialized hazardous materials emergency
response training program. 1. The state fire  administrator  shall[,  in
his  or her discretion, consult with the fire fighting and code enforce-
ment personnel standards and education commission  established  pursuant
to  section  one  hundred  fifty-nine-a of this article, to] establish a
specialized hazardous materials emergency response training program  for
individuals   responsible  for  providing  emergency  response  recovery
following incidents involving hazardous materials as defined in  accord-
ance  with  section fourteen-f of the transportation law. The state fire
administrator shall inform all fire  companies,  municipal  corporations
and  districts, including agencies and departments thereof and all fire-
fighters, both paid and volunteer, and related  officers  and  employees
and  police  officers  of  the  implementation  and  availability of the
hazardous materials  emergency  response  training  program  and  shall,
subject  to  the availability of an appropriation, conduct such training
with sufficient frequency  to  assure  adequate  response  to  incidents
involving  hazardous  materials  and  protection  of  responders  in all
geographic areas of the state.
  2. The state fire administrator[, in consultation with  the  aforemen-
tioned commission] shall prescribe the curriculum of the hazardous mate-
rials  emergency  response  training  program,  which shall include, but
shall not be limited to:
  (a) hands-on training, including information in  regard  to  leak  and
spill   control,  product  neutralization,  pickup  and  disposal,  fire
control, decontamination procedures and  use  and  application  of  foam
agents;
  (b) hazard assessment with emphasis on incident scene decision-making,
including:  potential  threat  to public safety and need for evacuation,
calculation of the effect of weather on certain chemicals and evaluation
of the result of chemical exposures to  air,  water,  soil,  vegetation,
lives and property and impact on the personal safety of those working in
the accident area;
  (c) calibration and use of emergency equipment;
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  (d)  chemical  and  biological properties of various classes of chemi-
cals, for example, flammables, oxidizers, corrosives, poisons; and
  (e) weapons of mass destruction and response to terrorism.
  3.  The  state fire administrator is hereby directed to issue a report
to the governor, speaker of the assembly,  temporary  president  of  the
senate, chairman of the assembly transportation committee and the chair-
man  of  the  senate  transportation committee by [April first] FEBRUARY
FIFTEENTH of each year on the operations of the  program  set  forth  in
this section.
  4.  The state fire administrator shall promulgate such rules and regu-
lations as are necessary to carry out the provisions of this section.
  S 4. Subdivision 8 of section 156-c of the executive law,  as  amended
by chapter 583 of the laws of 2006, is amended to read as follows:
  8.  a.  To enforce the provisions of this section, the commissioner of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR may take administrative action  imposing  the  civil  penalties  and
suspensions authorized by subdivision five of this section. In addition,
the  attorney general may bring an action on behalf of the people of the
state of New York to enjoin acts in violation of  this  section  and  to
recover  any civil penalties unless civil penalties have been previously
recovered in such administrative proceedings.
  b. Any enforcement officer as  defined  in  section  thirteen  hundred
ninety-nine-t  of  the  public health law shall have the power to impose
upon any retail dealer the civil  penalties  authorized  by  subdivision
five  of  this section, following a hearing conducted in the same manner
as hearings conducted under article thirteen-E of the public health law.
  c. To enforce the provisions of  this  section,  the  commissioner  of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR,  or their duly authorized representatives, are hereby authorized to
examine the books, papers, invoices and other records of any  person  in
possession,  control  or  occupancy of any premises where cigarettes are
placed, stored, sold or offered for sale, as well as the stock of  ciga-
rettes  in any such premises. Every person in the possession, control or
occupancy of any premises where cigarettes are placed, sold  or  offered
for  sale,  is  hereby directed and required to give the commissioner of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR, and their duly authorized representatives,  the  means,  facilities
and  opportunity  for  such  examinations as are herein provided for and
required.
  d. Whenever any police officer designated in section 1.20 of the crim-
inal procedure law or a peace officer designated in subdivision four and
subdivision seventy-nine  pertaining  to  the  [Department  of  State's]
Office  of  Fire  Prevention  and  Control, of section 2.10 of such law,
acting pursuant to his or her special duties, shall discover  any  ciga-
rettes  which have not been marked in the manner required by subdivision
six of this section, such officer is hereby authorized and empowered  to
seize  and  take  possession  of such cigarettes. Such seized cigarettes
shall be turned over to the commissioner of taxation  and  finance,  and
shall  be  forfeited  to  the  state. Cigarettes seized pursuant to this
section shall be destroyed.
  e. The [secretary of state] STATE FIRE ADMINISTRATOR and  the  commis-
sioner  of taxation and finance are hereby authorized to promulgate such
regulations as are deemed necessary to implement the provisions of  this
section.
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  S  5.  Subdivision  2 of section 159 of the executive law, as added by
section 29-b of part B of chapter 56 of the laws of 2010, is amended  to
read as follows:
  2.  The  council shall be composed of the state fire administrator, as
chair, or his or her designee, and twelve  other  members  appointed  as
follows: six members appointed by the governor; two members appointed by
the  temporary  president  of  the  senate;  one member appointed by the
minority leader of the senate; two members appointed by the  speaker  of
the  assembly; one member appointed by the minority leader of the assem-
bly. [Members of the fire safety advisory board, the arson board and the
firefighting and  code  enforcement  personnel  standard  and  education
commission may be appointed to this advisory council.]
  S  6.  Subdivision  2 of section 711 of the executive law, as added by
section 2 of part B of chapter 1 of the laws of 2004, is amended to read
as follows:
  2. The [director] COMMISSIONER shall appear and give testimony  before
the  annual legislative hearing on public protection held jointly by the
assembly committee on ways and means and the senate finance committee as
provided for in section three of article  VII  of  the  New  York  state
constitution and section thirty-one of the legislative law.
  S 7. Section 209-e of the general municipal law, as amended by chapter
225  of  the laws of 1979, subdivisions 1 and 2 as amended by section 45
of part B of chapter 56 of the laws of 2010, subdivision 8 as  added  by
chapter 827 of the laws of 1987, is amended to read as follows:
  S  209-e.  Fire  mobilization  and mutual aid plan. 1. Plan. The state
fire administrator shall prepare a state fire  mobilization  and  mutual
aid  plan  which  may provide for the establishment of fire mobilization
and mutual aid zones of the state. Upon filing of the plan in the office
of fire prevention and control such plan shall  become  the  state  fire
mobilization  and mutual aid plan. Such plan may be amended from time to
time in the same manner as originally adopted.
  2. Regional fire administrators.  The  state  fire  administrator  may
appoint and remove a regional fire administrator for each fire mobiliza-
tion  and mutual aid zone established pursuant to the state fire mobili-
zation and mutual aid plan. Before he OR SHE enters on the duties of the
office, each regional fire administrator shall take and subscribe before
an officer authorized by law to administer oaths the constitutional oath
of office, which shall be administered  and  certified  by  the  officer
taking the same without compensation and shall be filed in the office of
[fire prevention and control] THE SECRETARY OF STATE.
  3.  Regulations. The state fire administrator may make regulations and
issue orders which he OR SHE may deem necessary to implement  the  state
fire mobilization and mutual aid plan and carry out the purposes of this
section.
  4.  Powers.  Whenever  a  county, city, town, village or fire district
shall request, or whenever the governor shall determine that the  public
interest  so  requires,  the  state fire administrator shall possess and
exercise the powers, functions and duties set forth in  the  state  fire
mobilization and mutual aid plan.
  5.  Standard  thread.  The state fire mobilization and mutual aid plan
shall prescribe a standard hose thread for the state, and  each  county,
city,  town,  village or fire district not equipped with the same may be
required either to recut its threads to such standard or provide  adapt-
ers whereby the same may be brought to such standards.
  6. Records. The state fire administrator shall keep a permanent public
record  of the activations of the state fire mobilization and mutual aid
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plan, showing how, when and where it was activated and when  such  acti-
vation was terminated.
  7.   Reimbursement   of   assisting  municipal  corporations  or  fire
districts.  Whenever the governor activates the state fire  mobilization
and mutual aid plan pursuant to subdivision four of this section, claims
submitted  by  an  assisting  municipal corporation or fire district for
expenses allowed by subdivision two of section  two  hundred  nine-g  of
this  article made in performance of its duties on behalf of a receiving
municipality or fire district pursuant to such plan may be reimbursed in
the first instance by the state from any local assistance  appropriation
established  for  such  purpose. Reimbursements of such claims from such
appropriation may be made only upon certification of such claim  by  the
state  fire  administrator  to  the  state comptroller and audit of such
claim by the state comptroller prior to payment. Expenditures  for  such
reimbursements  from  such appropriation shall be considered a liability
for outside aid as described in section two hundred nine-g of this arti-
cle and shall be repaid by the municipality or fire  district  receiving
assistance pursuant to the state fire mobilization and mutual aid plan.
  8.  Hazardous  materials  incident  plan. The state fire administrator
shall prepare a hazardous materials incident plan which shall complement
and become a part of the  plan  required  by  subdivision  one  of  this
section.    The plan shall provide for the mobilization and coordination
of fire service resources in response to emergencies  which  involve  or
may  involve hazardous materials and shall establish hazardous materials
incidents response zones and criteria for recognized regional  hazardous
materials  incidents  response  teams. The office of fire prevention and
control, by and through the state fire administrator or his duly author-
ized officers and employees, is authorized to approve  grants  of  funds
from  monies  allocated  and  appropriated  therefor for expenditures of
municipal corporations for hazardous materials  incidents  planning  and
equipment,  pursuant  to applicable rules and regulations promulgated by
the [secretary of state] STATE FIRE ADMINISTRATOR and  approved  by  the
director of the budget.
  S  8.  Section 209-w of the general municipal law, as added by chapter
369 of the laws of 1976, subdivisions 1 and 5 as amended by chapter  225
of the laws of 1979, is amended to read as follows:
  S  209-w. Permanent appointment of fire fighters; completion of train-
ing program. 1. Notwithstanding the provisions of any general,  special,
or  local  law  or  charter  to the contrary, no person shall, after the
effective date of regulations  adopted  by  the  [governor  pursuant  to
section  one  hundred fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO
SECTION ONE  HUNDRED  FIFTY-EIGHT  of  the  executive  law,  receive  an
original appointment on a permanent basis as a fire fighter of any coun-
ty,  city, town, village, or fire district unless such person has previ-
ously been awarded a certificate by the state fire administrator attest-
ing to his OR HER satisfactory completion  of  an  approved  fire  basic
training program; and every person who is appointed on a temporary basis
or  for a probationary term or on other than a permanent basis as a fire
fighter of any county,  city,  town,  village  or  fire  district  shall
forfeit  his  OR  HER  position  as such unless he OR SHE previously has
satisfactorily completed, or within the time prescribed  by  regulations
promulgated   by   the   [governor   pursuant  to  section  one  hundred
fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION  ONE  HUNDRED
FIFTY-EIGHT of the executive law, satisfactorily completes, a fire basic
training  program  for  temporary  or  probationary fire fighters and is
awarded a certificate by the state fire administrator attesting thereto.
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  2. The term fire fighter, as used in this section, shall mean a member
of a fire department whose duties include fire  service  as  the  phrase
fire  service is defined in paragraph d of subdivision eleven of section
three hundred two of the retirement and social security law.
  3.  Nothing  in  this  section  shall  be construed to exempt any fire
fighter or other officer or employee from the provisions  of  the  civil
service law.
  4.  The provisions of this section shall not prevent the establishment
of more restrictive local requirements for appointment of fire fighters.
  5. Any person whose name was on an eligible list  for  appointment  in
the  competitive  class  of  the  civil service as a fire fighter on the
effective date of any rules and regulations promulgated by the [governor
pursuant to section one hundred fifty-nine-d] STATE  FIRE  ADMINISTRATOR
PURSUANT  TO  SECTION ONE HUNDRED FIFTY-EIGHT of the executive law shall
continue to remain eligible for permanent  appointment  from  such  list
during  the  life  of  such list without satisfying the requirements set
forth in subdivision one of this  section,  provided  he  OR  SHE  would
otherwise  have  remained  eligible  for permanent appointment from such
list if this section had not been enacted.
  6. The provisions of this section shall not apply to appointments made
by any county, city, town, village or fire district which  employs  five
or fewer fire fighters.
  S 9. This act shall take effect immediately.