Relates to technical corrections

Summary of provisions

Section 1 of the bill would amend Civil Service Law § 58-a to recognize the authority of the State Fire Administrator ("SFA") to promulgate the minimum standards for career firefighters, pursuant to Executive Law § 158(2) and to use gender neutral language.

Section 2 of the bill would amend County Law § 236-b to recognize the Secretary of State's authority to promulgate the minimum standards for code enforcement personnel, pursuant to Executive Law § 376-a and to use gender neutral language.

Section 3 of the bill would amend Executive Law § 156-a to recognize the SFA's authority to promulgate the standards for specialized emergency response training programs, pursuant to Executive Law § 158(2) and to change the date of the SFA's report on the program from April 1st to February 15th to align with the date of the firefighting training report requirement.

Section 4 of the bill would amend Executive Law § 156-c to recognize that SFA, and not the Secretary of State, has responsibility to enforce the provisions the law and regulations pertaining to fire safety standards for cigarettes and to remove reference to the Department of State in relation to the OFPC.

Section 5 of the bill would amend Executive Law § 159(2) to remove references to members of the Fire Safety Advisory Board, the Arson Board and the Firefighting and Code Enforcement Personnel Standards Commission.

Section 6 of the bill would make a conforming amendment to Executive Law § 711(2) to replace the reference to the Director with the

Commissioner of DHSES as the official who would appear and give testimony before the annual legislative hearing on public safety.

Section 7 of the bill would amend General Municipal Law § 209-e to recognize that the office of the Secretary of State is the appropriate entity in which to file an oath of office; to recognize the SFA's authority to promulgate rules and regulations with respect to grants of monies for hazardous materials incidents; and to set forth gender neutral language.

Section 8 of the bill would amend General Municipal Law § 209-w to recognize the SFA's authority to promulgate the minimum standards for career firefighters, pursuant to Executive Law § 158(2) and to use gender neutral language.

Section 9 of the bill would set an immediate effective date.

Existing law

Civil Service Law § 58-a, Executive Law § 156-a and General Municipal Law § 209-w reference the process to establish certain minimum standards for training that were repealed by Chapter 56 of the Laws of 2010. Chapter 56 granted the SFA the responsibility to establish such standards, pursuant to Executive Law § 158.

County Law § 236-b references the process to establish minimum standards for code enforcement personnel that was repealed by Chapter 56 of the Laws of 2010. Chapter 56 granted the Secretary of State the responsibility to establish such standards, pursuant to Executive Law § 376-a.

Executive Law § 156-a requires OFPC to report on the hazardous materials training program by April 15th each year, while Executive Law § 156 requires OFPC to submit a firefighter training report by February 151h each year.

Executive Law § 156-c references the Secretary of State's responsibility to enforce the provisions the law and regulations pertaining to fire safety standards for cigarettes and references the Department of State as the parent agency of OFPC.

Executive Law § 159 references members of the Fire Safety Advisory Board, the Arson Board and the Firefighting and Code Enforcement Personnel Standards Commission, which were repealed by Chapter 56 of the Laws of 2010.

Executive Law § 711 references the Director, rather than the Commissioner of the Division of Homeland Security and Emergency Services, as the official to appear and give testimony before the annual legislative hearing on public safety.

General Municipal Law § 209-e requires oaths of office of Regional Fire Administrators to be filed with OFPC and references the process to establish regulations for hazardous materials incident plan grants. Chapter 56 of the Laws of 2010 granted the SFA the responsibility to establish such standards.

Prior legislative history

This is a new bill.

STATEMENT IN SUPPORT

The OFPC was merged with the former State Office of Homeland Security and the former State Emergency Management Office by Chapter 56 of the Laws of 2010, to create the Division of Homeland Security and Emergency Services. Prior to that merger, the OFPC was housed within the Department of State.

This bill makes several technical, conforming amendments to various statutes to correct oversights and unintended consequences that were not included within the merger bill.

Budget implications

This bill would have no budgetary impact.

Effective date

This bill would take effect immediately.