-  This bill is not active in this session.
 
     
  •  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01025 Summary:

BILL NOA01025
 
SAME ASSAME AS S00050
 
SPONSORBichotte Hermelyn
 
COSPNSR
 
MLTSPNSR
 
Amd §3, Pub Bldg L
 
Prohibits the sale of tobacco products at vending stands or in vending machines in state buildings.
Go to top    

A01025 Actions:

BILL NOA01025
 
01/13/2023referred to governmental operations
02/28/2023reported referred to ways and means
05/17/2023reported referred to rules
05/30/2023reported
05/30/2023rules report cal.320
05/30/2023ordered to third reading rules cal.320
05/30/2023passed assembly
05/30/2023delivered to senate
05/30/2023REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/01/2023SUBSTITUTED FOR S50
06/01/20233RD READING CAL.695
06/01/2023PASSED SENATE
06/01/2023RETURNED TO ASSEMBLY
09/07/2023delivered to governor
09/15/2023signed chap.373
Go to top

A01025 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1025
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: An act to amend the public buildings law, in relation to prohibiting the sale of tobacco products at vending stands leasing space and in vending machines in a state building   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make the public buildings law consistent with other state laws and policies regarding tobacco cessation, and to promote health, by prohibiting the sale of tobacco products in state buildings.   SUMMARY OF SPECIFIC PROVISIONS: This bill would amend paragraph (a) of subdivision 13 of section 3 of the Public Buildings law to provide that space leased by the Commission- er of General Services in public buildings or other premises under his or her supervision and control shall not sell tobacco products. This bill would also amend paragraph (b) of subdivision 13 of section 3 of the Public Buildings law to prohibit tobacco products from being sold in vending machines at public buildings. This bill would take effect immediately; provided, however, that the provisions would not apply to any lease, renewal or extension of leased space entered into, or permit for the operation of vending machine issued prior to its effective date.   JUSTIFICATION: It has been widely proven that the use of tobacco products is linked to serious disease and health risks. The United States Surgeon General has determined that smoking causes a multitude of diseases including lung cancer and heart disease. Cigarette smoking presents serious public health concerns. In the late 1990s US tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the state. This master settlement agreement obligates these manufacturers to pay substantial sums to the state (tied in part to their volume of sales) in.return for a release of past, present and certain future claims against them. Tens of millions of dollars was included in the most recent state budget for services and expenses related to tobacco use prevention and control programs, including grants to support cancer research. Additionally; Millions of dollars are allocated for services and expenses related to tobacco enforcement, education and related activ- ities. New York State currently has 19 Tobacco Cessation Centers that were established to work with health care organizations and primary care providers to implement systems to screen patients for tobacco use and prompt providers to offer advice and assistance to quit. According to the 2013 Independent Evaluation Report of the New York Tobacco Control Program, reductions in tobacco use are achieved by creating a social environment and legal climate in which tobacco becomes less desirable, less acceptable and less accessible. The Indoor Clean Air Act has been the law in New York since 2003. This bill makes the public buildings law consistent with these vital state laws and policies. This bill will not impact an individual's right to lawfully use tobacco products at state properties, but would simply not allow for such products to be purchased at state buildings. This bill will not have a significant economic impact on the vendors leasing space in state buildings because the prohibition on the sale of tobacco products would apply to new leases and contracts. This provides ample time for the vendors to work with OGS to determine other products that can be sold in order to make up for lost tobacco revenue, which should not account for a significant portion of their overall revenues.   PRIOR LEGISLATIVE HISTORY: 2021-22: A06813; Referred to Government Operations 2019-20: A2939; Referred to Government Operations 2017-18: A430; Referred to Government Operations   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the provisions of this act shall not apply, to any lease, renewal or exten- sion of leased space entered into, or permit for the operation of vend- ing machine issued prior to such effective date.   PURPOSE OR GENERAL IDEA OF BILL: To allow New York City to use qualification-based criteria for awarding certain contracts for services for the delivery method design-build contracts.   SUMMARY OF PROVISIONS: Section 1. Amends section 2 of chapter 749 of the laws of 2019 to add a new subdivision (f) that an entity submitting a contract must submit a statement of qualifications when an authorized entity utilizes a one- step method. Section 2. Establishes the process by which a design-build contract is selected whether through a one-step or two-step method. Section 3. Sets the effective date of such provisions.   JUSTIFICATION: New York City spends an excess of $10 billion every year on capital projects. These projects are limited by a single approach known as design-bid-build (DBE). Instituting design-build contracts which require qualification-based criteria for awarding certain contracts for services would mean that the city can select the vendor that it wants before the full scope of the project has been established. This enables more collaboration in the earlier stages of the project which allows for more time to examine any engineering or construction challenges. Progressive Design-build has been implemented nationwide on public projects including in New York State by the Department of Transportation and other state agencies. Infrastructure projects that are more complex are better suited for progressive design build as they often are of a large complex scale with many unknowns. Progressive design builds help to organize the project into manageable phases that streamline the project and increase transparency. City agencies believe that this will lead to at least a 10% reduction in cost and project time as well as significant risk mitigation and alleviation of change orders.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately; provided however that the amend- ments to chapter 749 of the laws of 2019 made by sections one and two of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith.
Go to top

A01025 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1025
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the public buildings law, in relation to prohibiting the
          sale of tobacco products at vending stands leasing space and in  vend-
          ing machines in a state building

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (a) and (b) of subdivision 13 of  section  3  of
     2  the  public  buildings  law, paragraph (a) as added by chapter 83 of the
     3  laws of 1995 and paragraph (b) as amended by chapter 265 of the laws  of
     4  2013, are amended to read as follows:
     5    (a)  In  his  or her discretion, lease space in any public building or
     6  other premises under his or her supervision  and  control,  pursuant  to
     7  this  article,  to any person, firm or corporation, for the operation of
     8  restaurants, retail stores, vending stands for the sale  of  newspapers,
     9  periodicals,  confections[,  tobacco  products]  and such other articles
    10  that are not tobacco products, as may be approved  by  the  commissioner
    11  for  each  stand,  and  for  bootblack  service. Any such lease shall be
    12  subject to such terms and conditions as he or she may deem  proper,  but
    13  for  a  term not exceeding five years, except that the commissioner may,
    14  in his or her discretion, lease space for a term of not  more  than  ten
    15  years  where  extensive  renovation  or  repair to or improvement of the
    16  space is required of or by the lessee and  the  commissioner  determines
    17  that  it is reasonable for the costs thereof to be amortized over a term
    18  greater than five years. Nothing herein shall restrict the  commissioner
    19  from  providing  in  any such lease for its renewal or extension, at the
    20  commissioner's option, for terms of five  years  or  less.  However,  in
    21  order  to  provide  blind  persons with remunerative employment, enlarge
    22  their economic opportunities and facilitate their efforts  to  be  self-
    23  supporting,  whenever  feasible,  permits  shall  be  given to the state
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01190-01-3

        A. 1025                             2
 
     1  department of social services for the operation of  vending  stands  and
     2  machines.
     3    (b)  Issue  to the office of children and family services a permit for
     4  any of the purposes mentioned in this subdivision to be  operated  by  a
     5  blind  person  or  persons as defined in subdivision four of section two
     6  hundred eight of the social services law or for the operation of vending
     7  machines and similar  devices  dispensing  food,  confections,  [tobacco
     8  products,]  coffee, tea, milk, soft drinks and such other articles, that
     9  are not tobacco products, as may be approved by him or her in  consulta-
    10  tion with the office of children and family services, for the benefit of
    11  the general purposes of the business enterprise program for the blind of
    12  the office of children and family services commission for the blind, and
    13  upon  such  terms and conditions as the commissioner may deem proper but
    14  without provision for payment of rent or other  consideration  for  such
    15  permits,  and  for  a term not exceeding five years, which permit may be
    16  extended and renewed. Such permit shall include a provision  authorizing
    17  the  office  of  children and family services to assign or transfer such
    18  permit to a blind person or persons, as  herein  referred  to,  for  the
    19  purposes  aforesaid,  and it shall also provide that the office of chil-
    20  dren and family services shall send to the commissioner a notice of  any
    21  assignment  or  transfer  as  aforesaid, which notice shall contain such
    22  information as the  commissioner  shall  require.  The  permit  and  any
    23  assignment  or transfer thereof shall reserve (i) to the office of chil-
    24  dren and family services the power of supervision over the  conduct  and
    25  operation  of  the premises covered thereby and (ii) to the commissioner
    26  of general services the right to revoke such permit or the assignment or
    27  transfer thereof upon the mailing to  the  last  known  address  of  the
    28  assignee  or assignees a notice of such revocation to be effected within
    29  such period of time as the commissioner shall deem to be reasonable.
    30    § 2. This act shall take effect immediately; provided,  however,  that
    31  the  provisions  of  this  act  shall not apply to any lease, renewal or
    32  extension of leased space entered into, or permit for the operation of a
    33  vending machine issued prior to such effective date.
Go to top