Enacts the "public authorities teleworking expansion act"; provides that each public authority with twenty-five or more employees shall establish a policy and program to allow employees to perform all or a portion of their duties through teleworking to the maximum extent possible without diminished employee performance; defines the term "telework" to mean to perform normal and regular work functions at home that ordinarily would be performed at the authority's location or facility, thereby eliminating or substantially reducing the physical commute to and from such authority's principal location; requires that prior to establishing a teleworking program, each authority shall determine whether or not such program is cost effective; further provides that each participating authority shall then define who is eligible to participate in such program, including but limited to the certain conditions and criteria.

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S1381-2011 Actions

• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 7, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S1381-2011 Memo

BILL NUMBER:S1381

TITLE OF BILL:
An act
to amend the public authorities law,
in relation to
enacting the
"teleworking expansion act"

PURPOSE OR GENERAL IDEA OF BILL:
To increase teleworking by employees
of public authorities and thereby reduce commuting by authority
employees.

SUMMARY OF SPECIFIC PROVISIONS:
The public authorities law is amended
by the addition of section 2852 to require all authorities with
twenty five or more employees to establish a policy and program to
allow employees to perform some or all of their duties through
telework and designate a telework coordinator to oversee teleworking
programs.

JUSTIFICATION:
Concerns about the impact of pollution and congestion
created by automobile traffic requires that the public sector work to
reduce, as much as is practical, the need for employees to travel as
part of their official duties.

PRIOR LEGISLATIVE HISTORY:
2010:  Referred to Corporations, Authorities & Commissions
2009:  Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall
have become law.

S1381-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1381

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 7, 2011
                                 ___________

  Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
    printed to be committed to the Committee on Corporations,  Authorities
    and Commissions

  AN  ACT to amend the public authorities law, in relation to enacting the
    "public authorities teleworking expansion act"

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


    Section  1.  Short title.  This act shall be known and may be cited as
  the "public authorities teleworking expansion act".
    S 2. The public authorities law is amended by  adding  a  new  section
  2854 to read as follows:

    S  2854.  TELEWORKING PROGRAMS. 1. EVERY AUTHORITY WITH TWENTY-FIVE OR
  MORE EMPLOYEES SHALL ESTABLISH  A  POLICY  AND  PROGRAM  TO  ALLOW  SUCH
  EMPLOYEES  TO PERFORM ALL OR A PORTION OF THEIR DUTIES THROUGH TELEWORK-
  ING TO THE MAXIMUM EXTENT POSSIBLE WITHOUT DIMINISHED EMPLOYEE  PERFORM-
  ANCE,  PROVIDED  THAT  ANY  PUBLIC  AUTHORITY WITH A UNIONIZED WORKFORCE
  SHALL ENGAGE IN COLLECTIVE  BARGAINING  PRIOR  TO  ESTABLISHING  SUCH  A
  PROGRAM  FOR  ITS  UNIONIZED EMPLOYEES. EACH AUTHORITY SHALL DESIGNATE A
  "TELEWORK COORDINATOR" TO BE RESPONSIBLE FOR OVERSEEING THE  IMPLEMENTA-
  TION OF TELEWORKING PROGRAMS.
    2. FOR THE PURPOSES OF THIS SECTION, THE TERM "TELEWORK" SHALL MEAN TO
  PERFORM  NORMAL  AND  REGULAR  WORK  FUNCTIONS ON A WORKDAY AT HOME THAT
  ORDINARILY WOULD BE PERFORMED AT THE AUTHORITY'S LOCATION  OR  FACILITY,
  THEREBY  ELIMINATING  OR  SUBSTANTIALLY REDUCING THE PHYSICAL COMMUTE TO
  AND FROM SUCH AUTHORITY'S PRINCIPAL LOCATION.
    3. PRIOR TO ESTABLISHING A TELEWORKING PROGRAM, EACH  AUTHORITY  SHALL
  DETERMINE  WHETHER  OR  NOT SUCH PROGRAM IS COST EFFECTIVE. EACH PARTIC-
  IPATING AUTHORITY SHALL THEN DEFINE WHO IS ELIGIBLE  TO  PARTICIPATE  IN
  SUCH PROGRAM, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING CONDITIONS AND
  CRITERIA:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01238-01-1

 S. 1381                             2

    (A) THAT THE EMPLOYEE HAS BEEN A PERMANENT EMPLOYEE AND HAS HELD THEIR
  JOB TITLE FOR AT LEAST SIXTY DAYS;
    (B)  THAT  THE  AUTHORITY  HAS  DETERMINED  THAT  THE FULL RANGE OF AN
  EMPLOYEE'S JOB CAN BE READILY AND EFFECTIVELY COMPLETED AT AN  ALTERNATE
  SITE;
    (C)  THE  AUTHORITY  DETERMINES  THAT  THE EMPLOYEE'S ABSENCE FROM THE
  OFFICE IS NOT DETRIMENTAL TO OFFICE OPERATIONS;
    (D) THE EMPLOYEE'S PERFORMANCE HAS BEEN SATISFACTORY OR BETTER;
    (E) BOTH THE EMPLOYEE AND EMPLOYER HAVE SIGNED  A  FORMAL  ARRANGEMENT
  THAT CLEARLY DELINEATES THE TELEWORKING RELATIONSHIP; AND
    (F)  THE  AUTHORITY  HAS DETERMINED THAT SUCH A TELEWORKING PROGRAM IS
  COST EFFECTIVE.
    4. PARTICIPATION IN A TELEWORKING PROGRAM SHALL NOT BE THE  BASIS  FOR
  CHANGES IN SALARY OR BENEFITS.
    5.  TELEWORKING  POLICIES  OF  EACH  PARTICIPATING  AUTHORITY SHALL BE
  DELIVERED TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY  PRESIDENT
  OF  THE  SENATE,  AND  CHAIRS  OF  THE  ASSEMBLY AND SENATE CORPORATIONS
  COMMITTEES.
    S 3. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.