New York State - Executive - EXC - Article 10
ARTICLE 10 OFFICE OF GENERAL SERVICES
Section 200. Office of general services.
201. State agency employee vehicle efficiency.
201-a. State clean-fueled vehicle program.
202. General duties.
202-a. Language translation services.
203. Additional duties of the commissioner.
203-a. Additional duties of the commissioner regarding flood related losses.
203-b. Additional duties of the commissioner regarding information on state boards.
§ 200. Office of general services. There is hereby created an office of general services in the executive department. The head of the office of general services shall be the commissioner of general services. He shall be appointed by the governor by and with the advice and consent of the senate and hold office during the pleasure of the governor. He shall receive a salary to be fixed by the governor within the amount appropriated therefor. Such commissioner, subject to rules prescribed by the governor, may establish such bureaus or divisions in the office of general services as he may deem necessary and may appoint such deputies, directors, assistants and other employees as may be needed for the performance of his duties and may prescribe their powers and duties and fix their compensation within the amount appropriated therefor. Such office may have an office seal. The principal office of the office of general services shall be in the city of Albany, and branch offices may be established by direction of the governor, subject to appropriations for their maintenance.
Such commissioner may adopt, amend or rescind rules and regulations relating to the discharge of his functions, powers and duties and those of the office of general services as prescribed by law. Nothing contained herein shall limit or impair compliance with the requirements of section one hundred sixty-three of the state finance law, with respect to rules promulgated by the commissioner pursuant to such section.
§ 201. State agency employee vehicle efficiency. 1. For the purpose of this section:
a. "state agency" means any department of the executive, any bureau, commission, agency, board or other agency, any public authority, and the judiciary and the legislature.
b. "state office" means any building or facility in the state wherein one hundred or more employees, in aggregate, of any state agency are located whether or not such office building or facility is owned, rented or leased by the state.
2. Each state agency shall institute a program at each state office to increase the average passenger occupancy per vehicle in commuting trips between home and the work place. In the area designated as severe non-attainment for ozone, as designated by the administrator of the United States environmental protection agency, such increase shall be not less than twenty-five percent above the average vehicle occupancy standard for such trips as such standard is established in accordance with the federal Clean Air Act, 42 U.S.C. Section 7401 et seq., as amended by Public Law 101-549, November fifteenth, nineteen hundred ninety, hereinafter referred to as "the Act", and regulations promulgated pursuant thereto. Where parking for a state agency occurs on properties under the jurisdiction of the office of general services, the state agency shall institute such program in consultation with the commissioner of general services. Where parking for a state office occurs on properties not controlled by the office of general services, each state agency shall be solely responsible for instituting such program. When instituting such a program, a state agency shall take into account the location of each facility, the availability of mass transit, and the scheduling of employees at each work site using such facility. Such program may include designation of parking spaces to be used exclusively by multiple occupancy vehicles, provided that the number of such spaces shall be determined with reference to the ability of users of such facilities to engage in ride-sharing, provided, however, that the designation of such spaces shall in no way displace handicapped parking spaces established pursuant to section twelve hundred three-c of the vehicle and traffic law. A plan for such program shall be completed on or before November fifteenth, nineteen hundred ninety-five, and implemented on or before November fifteenth, nineteen hundred ninety-seven.
3. The provisions of this section shall not exclude any state agency from any duty or responsibility to implement an employee trip reduction program pursuant to section 7511a(d)(1)(B) of the Act. To the extent permitted by the Act, programs instituted under this provision may be used to comply with the employee trip reduction provisions of section 7511a(d)(1)(B) of the Act. Implementation of this section shall be consistent with any agreements which may be made as a result of collective bargaining or other negotiations between the state and its affected employee unions.
§ 201-a. State clean-fueled vehicle program. 1. There shall be created within the office of general services a clean-fueled vehicle program, with the purpose of acquiring clean-fueled vehicles for state use and testing and evaluating clean-fueled vehicle technologies.
2. For the purposes of this section, the term "clean-fueled vehicle" shall mean any motor vehicle as defined in section one hundred twenty-five of the vehicle and traffic law, that uses electricity, either stored or generated on-board, as its primary motive force or that is fueled by compressed natural gas, propane, methanol, hydrogen or ethanol.
3. The office of general services, in coordination with the New York state energy research and development authority, and the department of environmental conservation, shall be responsible for developing a state clean-fueled vehicle strategy which shall determine how best to incorporate clean-fueled vehicles into the state fleet. In developing the strategy, the office of general services shall consider such factors as: the duty to be performed by the vehicle, the terrain and climate of the area of the state in which the vehicle is to be used, and other factors the office of general services, in coordination with the New York state energy research and development authority and the department of environmental conservation, deem relevant.
4. The office of general services, in coordination with the New York state energy research and development authority, the department of motor vehicles and the department of environmental conservation, shall issue a report to the governor and the legislature on or before April first, nineteen hundred ninety-seven setting forth the state's strategy for the acquisition and utilization of clean-fueled vehicles and shall update such strategy periodically.
5. Such report shall include, at a minimum, a description of the state's strategies to promote the use of clean-fueled vehicles by the general public and in the state fleet. Such strategies shall include: necessary amendments of state procurement policies to allow and encourage acquisition of clean-fueled vehicles, development of policy recommendations to establish incentives for acquisition of clean-fueled vehicles for use by individuals and private fleets, expeditious review of policies and procedures identified as barriers to clean-fueled vehicle introduction, and revision of such policies and procedures as appropriate. The report shall also assess existing infrastructure, determine what changes are necessary to support a sustainable clean-fueled vehicles market and recommend how best to implement those changes. The report shall assess factors including but not limited to the following: the availability and viability of existing or developing technology, sufficient public recharging/refueling capability, standards for recharging/refueling technologies, utility power quality, vehicle registration considerations, public outreach and safety training, battery recycling capability, insurance and liability considerations, and clean-fueled vehicle acquisition incentives. The report shall also determine the number of clean-fueled vehicles for immediate use in the state fleet that can be supported by existing infrastructure.
6. Immediately after submission of the report defined in subdivision five of this section, the office of general services shall begin a project to implement the recommendations and strategies of such report.
7. The office of general services shall develop a specific plan to procure and install necessary infrastructure for a sustainable state clean-fueled vehicle fleet, including a time frame for such procurement and installation. In developing such plan, the office of general services shall consider to the greatest extent possible any steps which will encourage the utilization of clean-fueled vehicles by the private sector. The office of general services shall either begin to acquire and install necessary infrastructure or issue requests for proposals for such procurement and installation, no later than January first, nineteen hundred ninety-eight, provided however, that no acquisition of clean-fueled vehicles, or installation of associated infrastructure, from the proceeds of bonds issued pursuant to the Clean Water/Clean Air Bond Act of 1996, shall occur prior to April first, nineteen hundred ninety-seven.
8. The office of general services shall develop a specific plan for the procurement of clean-fueled vehicles for use in the state fleet. Procurement of clean-fueled vehicles and utilization in the state fleet using proceeds of bonds sold pursuant to the Clean Water/Clean Air Bond Act of 1996 shall begin as soon as possible after the issuance of, and in accordance with, the report defined in subdivision five of this section.
9. The office of general services, department of economic development, and the department of environmental conservation, shall evaluate the potential for developing a private clean-fueled vehicle industry in the state and submit recommendations from time to time to the legislature and the governor for attracting such industry, by either established motor vehicle producers or other companies, to the state.
§ 202. General duties. The office of general services shall provide coordinated services in support of state departments and agencies, and, as specified, authorities, municipalities and not-for-profit organizations, hereafter for the purposes of this section referred to as agencies. Such support services shall (i) serve to conserve state resources, (ii) benefit multiple agencies, and (iii) be consistent with the needs and interests of the agencies receiving those services. Support services may be delivered directly by the office of general services or by other means which ensure the cost effectiveness of those services. The commissioner of general services may recommend to the governor new services which could be offered by the office of general services, and that would reduce state or local expenditures and facilitate the mission of agencies currently receiving or which could receive such services.
§ 202-a. Language translation services. 1. Each state agency that provides direct public services in New York state shall translate all vital documents relevant to services offered by the agency into the twelve most common non-English languages spoken by limited-English proficient individuals in the state, based on the data in the most recent American Community Survey published by United States Census Bureau. Agencies subject to this section, in their discretion, may offer up to four additional languages beyond the twelve most common languages. Such additional languages shall be decided by the state agency in consultation with the office of general services and approved by the office of general services based on the number of limited-English proficient immigrants of five years or less in New York state in need of language translation services according to the American Community Survey, including the growth of recent arrival populations in the geographic regions in which the agency's services are offered, the population of limited-English proficient individuals served by the agency, feedback from impacted community or advocacy groups, and any other relevant data published by the United States Census Bureau.
2. Each agency subject to the provisions of this section shall designate a language access coordinator who will work with the office of general services to ensure compliance with the requirements of this section.
3. Each agency subject to the provisions of this section shall develop a language access plan and submit such plan to the office of general services.
(a) An agency's initial language access plan shall be issued by the agency within ninety days of the effective date of this section.
(b) Language access plans shall be updated and reissued every two years on or before January first.
(c) Language access plans shall set forth, at a minimum:
(i) when and by what means the agency will provide or is already providing language assistance services;
(ii) the titles of all available translated documents and the languages into which they have been translated;
(iii) the number of public contact positions in the agency and the number of bilingual employees in public contact positions, and the languages such employees speak;
(iv) a training plan for agency employees which includes, at minimum, annual training on the language access policies of the agency and training in how to provide language assistance services;
(v) a plan for annual internal monitoring of the agency's compliance with this section;
(vi) a description of how the agency intends to notify the public of the agency's offered language assistance services;
(vii) an assessment of the agency's service populations to determine whether additional languages of translation should be added beyond the top twelve languages;
(viii) an explanation as to how the agency determined it would provide any additional language beyond the top twelve languages required by this section; and
(ix) the identity of the agency's language access coordinator.
4. Each agency subject to the provisions of this section shall:
(a) provide interpretation services between the agency and an individual in each individual's primary language with respect to the provision of services or benefits by the agency; and
(b) publish the agency's language access plan on the agency's website.
5. For purposes of this section, "vital document" means any paper or digital document that contains information that is critical for obtaining agency services or benefits or is otherwise required to be completed by law.
6. The office of general services will ensure agency compliance with this section and shall prepare an annual report, which shall be made public on the office of general services website, detailing each agency's progress and compliance with this section.
§ 203. Additional duties of the commissioner. The commissioner of the office of general services is authorized, within amounts appropriated therefor by the legislature and subject to the written approval of the attorney general, to pay and cause to be satisfied and discharged claims for damage to personal or real property or for bodily injuries or wrongful death caused in connection with the operation of a motor vehicle (a) by officers or employees of the state, while acting within the scope of their employment, or (b) by other authorized persons providing service to state government while providing such service, or (c) with relation to motor vehicles which are assigned on a permanent basis with unrestricted use to state officers or employees, when caused by such officer or employee or by a person requested to operate such motor vehicle by such officer or employee in the course of or in connection with the use of such motor vehicle by such officer or employee. Such claims payments shall be made in accordance with a contract with a private firm to process, adjust, investigate, negotiate, settle, pay, and subrogate such claims on behalf of the state, as specified in such contract, provided that such firm is duly licensed to perform such services by the state department of financial services.
Notwithstanding any other provision of law, any such contract may provide for the payment of benefits up to a maximum of fifty thousand dollars for any occurrence in accordance with article fifty-one of the insurance law and for such payments, not based on tort, the attorney general's approval shall not be required. Notwithstanding any other provision of law, any payment of other property damage or bodily injury or wrongful death claims caused by a tort of such officers, employees, or other authorized personnel shall not exceed a maximum of twenty-five thousand dollars for each claimant in accordance with such terms, conditions and requirements as shall be set forth in such contract. Any agency or unit of an agency which is supported by any funding source other than the general fund shall reimburse the general fund for all or any portion of such payments made pursuant to this section which are attributable to the other funding source.
Nothing contained in this section or in any contract provided for herein shall impair any right or obligation in connection with any executed contract of insurance entered into by the state separate and apart from the authority granted herein. No moneys appropriated for the purposes of this section shall be available for expenditure from such appropriation until a certificate of approval has been issued by the director of the budget and copies of such certificate filed with the state comptroller, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee.
§ 203-a. Additional duties of the commissioner regarding flood related losses. In accordance with 44 CFR 75.11 of the code of federal regulations, in the event that state-owned structures and their contents are damaged as the result of flood related losses, flood, and/or flood related hazards occurring in areas identified by the federal insurance administrator as A, AO, AH, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, M, V, VO, V1-30, VE, and E Zones, the commissioner of general services shall pay an amount not less than the limits of coverage that would be applicable if such state-owned structures and their contents had been covered by standard flood insurance policies, as defined in 44 CFR 59.1, for the repair, restoration, or replacement of such state-owned structures and contents, and shall maintain and update, not less frequently than annually, an inventory of all state-owned structures and their contents within such zones.
* § 203-b. Additional duties of the commissioner regarding information on state boards. 1. As used in this section, "commissioner" means the commissioner of general services and, "board" means any board, commission, committee, council, task force or any similar state public organization, required to be established pursuant to the state constitution, state statutes or executive order, for the exercise of any function of state government and to which members are appointed or elected. "Board" does not include:
a. any informal advisory organization not established by law;
b. any joint standing committee of the legislature or any committee of the assembly and/or senate composed entirely of members of the legislature;
c. any court;
d. the board of trustees of any institution of higher education financially supported in whole or in part by the state;
e. any entity of local government;
f. any public authority or public benefit corporation, a majority of whose members are appointed by the governor or serve as members by virtue of holding state offices to which they were appointed by the governor, or any combination thereof; and
g. any board of elections.
2. The commissioner shall maintain a list of all state boards, including state boards deemed active and regularly meeting on and after the effective date of this section. The commissioner shall keep such list on a website designated by the commissioner for the purpose of public access, and such list shall have a link to the website for each such board established pursuant to subdivision three of this section. The designated website shall be updated annually.
3. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall establish and maintain a website available to the public and provide a link to such website to the commissioner. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall annually on or before January first, update the information on its website.
4. The website established by each board or the state agency that provides administrative support or is otherwise affiliated with a board shall include, but not be limited to:
a. statutory language, executive order or other legal basis or authorization for the establishment of such board;
b. public information including departmental affiliation, contact address, phone number, and website;
c. a brief description of the purpose of the board and its legally required duties, including required reports or other products;
d. the size of board membership, current member names, and any qualifications;
e. whether members of a board are eligible for payment of expenses or other compensation in the performance of their duties as members of such board and information on compensation and expenses incurred in the prior and current fiscal years, as well as projected costs for the coming fiscal year;
f. meeting minutes and agendas, dates and locations of all meetings held, and to be held within six months, or a location, including but not limited to another website, in which such information can be publicly accessed;
g. geographic and other relevant qualifications of all current members of the board, including the county in which the member resides and the background or expertise the member possesses where such background or expertise is required for membership on such board; and
h. any other information the commissioner may require. Nothing in this section shall authorize the release or publication of any board member's residential address.
5. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall update on an annual basis beginning November first, two thousand twenty-three on its website, all vacancies, expired terms, terms expiring within one year, and the process for filling such vacancies on such boards.
6. On or before January first, two thousand twenty-four, the commissioner shall report to the governor, the speaker of the assembly, the temporary president of the senate, the chair of the assembly oversight, analysis and investigation committee and the chair of the senate investigations and government operations committee on the status of the list including but not limited to the number of boards reported and verified. The commissioner shall also report on any impediments to obtaining information.
* NB Effective November 1, 2023
Section 200. Office of general services.
201. State agency employee vehicle efficiency.
201-a. State clean-fueled vehicle program.
202. General duties.
202-a. Language translation services.
203. Additional duties of the commissioner.
203-a. Additional duties of the commissioner regarding flood related losses.
203-b. Additional duties of the commissioner regarding information on state boards.
§ 200. Office of general services. There is hereby created an office of general services in the executive department. The head of the office of general services shall be the commissioner of general services. He shall be appointed by the governor by and with the advice and consent of the senate and hold office during the pleasure of the governor. He shall receive a salary to be fixed by the governor within the amount appropriated therefor. Such commissioner, subject to rules prescribed by the governor, may establish such bureaus or divisions in the office of general services as he may deem necessary and may appoint such deputies, directors, assistants and other employees as may be needed for the performance of his duties and may prescribe their powers and duties and fix their compensation within the amount appropriated therefor. Such office may have an office seal. The principal office of the office of general services shall be in the city of Albany, and branch offices may be established by direction of the governor, subject to appropriations for their maintenance.
Such commissioner may adopt, amend or rescind rules and regulations relating to the discharge of his functions, powers and duties and those of the office of general services as prescribed by law. Nothing contained herein shall limit or impair compliance with the requirements of section one hundred sixty-three of the state finance law, with respect to rules promulgated by the commissioner pursuant to such section.
§ 201. State agency employee vehicle efficiency. 1. For the purpose of this section:
a. "state agency" means any department of the executive, any bureau, commission, agency, board or other agency, any public authority, and the judiciary and the legislature.
b. "state office" means any building or facility in the state wherein one hundred or more employees, in aggregate, of any state agency are located whether or not such office building or facility is owned, rented or leased by the state.
2. Each state agency shall institute a program at each state office to increase the average passenger occupancy per vehicle in commuting trips between home and the work place. In the area designated as severe non-attainment for ozone, as designated by the administrator of the United States environmental protection agency, such increase shall be not less than twenty-five percent above the average vehicle occupancy standard for such trips as such standard is established in accordance with the federal Clean Air Act, 42 U.S.C. Section 7401 et seq., as amended by Public Law 101-549, November fifteenth, nineteen hundred ninety, hereinafter referred to as "the Act", and regulations promulgated pursuant thereto. Where parking for a state agency occurs on properties under the jurisdiction of the office of general services, the state agency shall institute such program in consultation with the commissioner of general services. Where parking for a state office occurs on properties not controlled by the office of general services, each state agency shall be solely responsible for instituting such program. When instituting such a program, a state agency shall take into account the location of each facility, the availability of mass transit, and the scheduling of employees at each work site using such facility. Such program may include designation of parking spaces to be used exclusively by multiple occupancy vehicles, provided that the number of such spaces shall be determined with reference to the ability of users of such facilities to engage in ride-sharing, provided, however, that the designation of such spaces shall in no way displace handicapped parking spaces established pursuant to section twelve hundred three-c of the vehicle and traffic law. A plan for such program shall be completed on or before November fifteenth, nineteen hundred ninety-five, and implemented on or before November fifteenth, nineteen hundred ninety-seven.
3. The provisions of this section shall not exclude any state agency from any duty or responsibility to implement an employee trip reduction program pursuant to section 7511a(d)(1)(B) of the Act. To the extent permitted by the Act, programs instituted under this provision may be used to comply with the employee trip reduction provisions of section 7511a(d)(1)(B) of the Act. Implementation of this section shall be consistent with any agreements which may be made as a result of collective bargaining or other negotiations between the state and its affected employee unions.
§ 201-a. State clean-fueled vehicle program. 1. There shall be created within the office of general services a clean-fueled vehicle program, with the purpose of acquiring clean-fueled vehicles for state use and testing and evaluating clean-fueled vehicle technologies.
2. For the purposes of this section, the term "clean-fueled vehicle" shall mean any motor vehicle as defined in section one hundred twenty-five of the vehicle and traffic law, that uses electricity, either stored or generated on-board, as its primary motive force or that is fueled by compressed natural gas, propane, methanol, hydrogen or ethanol.
3. The office of general services, in coordination with the New York state energy research and development authority, and the department of environmental conservation, shall be responsible for developing a state clean-fueled vehicle strategy which shall determine how best to incorporate clean-fueled vehicles into the state fleet. In developing the strategy, the office of general services shall consider such factors as: the duty to be performed by the vehicle, the terrain and climate of the area of the state in which the vehicle is to be used, and other factors the office of general services, in coordination with the New York state energy research and development authority and the department of environmental conservation, deem relevant.
4. The office of general services, in coordination with the New York state energy research and development authority, the department of motor vehicles and the department of environmental conservation, shall issue a report to the governor and the legislature on or before April first, nineteen hundred ninety-seven setting forth the state's strategy for the acquisition and utilization of clean-fueled vehicles and shall update such strategy periodically.
5. Such report shall include, at a minimum, a description of the state's strategies to promote the use of clean-fueled vehicles by the general public and in the state fleet. Such strategies shall include: necessary amendments of state procurement policies to allow and encourage acquisition of clean-fueled vehicles, development of policy recommendations to establish incentives for acquisition of clean-fueled vehicles for use by individuals and private fleets, expeditious review of policies and procedures identified as barriers to clean-fueled vehicle introduction, and revision of such policies and procedures as appropriate. The report shall also assess existing infrastructure, determine what changes are necessary to support a sustainable clean-fueled vehicles market and recommend how best to implement those changes. The report shall assess factors including but not limited to the following: the availability and viability of existing or developing technology, sufficient public recharging/refueling capability, standards for recharging/refueling technologies, utility power quality, vehicle registration considerations, public outreach and safety training, battery recycling capability, insurance and liability considerations, and clean-fueled vehicle acquisition incentives. The report shall also determine the number of clean-fueled vehicles for immediate use in the state fleet that can be supported by existing infrastructure.
6. Immediately after submission of the report defined in subdivision five of this section, the office of general services shall begin a project to implement the recommendations and strategies of such report.
7. The office of general services shall develop a specific plan to procure and install necessary infrastructure for a sustainable state clean-fueled vehicle fleet, including a time frame for such procurement and installation. In developing such plan, the office of general services shall consider to the greatest extent possible any steps which will encourage the utilization of clean-fueled vehicles by the private sector. The office of general services shall either begin to acquire and install necessary infrastructure or issue requests for proposals for such procurement and installation, no later than January first, nineteen hundred ninety-eight, provided however, that no acquisition of clean-fueled vehicles, or installation of associated infrastructure, from the proceeds of bonds issued pursuant to the Clean Water/Clean Air Bond Act of 1996, shall occur prior to April first, nineteen hundred ninety-seven.
8. The office of general services shall develop a specific plan for the procurement of clean-fueled vehicles for use in the state fleet. Procurement of clean-fueled vehicles and utilization in the state fleet using proceeds of bonds sold pursuant to the Clean Water/Clean Air Bond Act of 1996 shall begin as soon as possible after the issuance of, and in accordance with, the report defined in subdivision five of this section.
9. The office of general services, department of economic development, and the department of environmental conservation, shall evaluate the potential for developing a private clean-fueled vehicle industry in the state and submit recommendations from time to time to the legislature and the governor for attracting such industry, by either established motor vehicle producers or other companies, to the state.
§ 202. General duties. The office of general services shall provide coordinated services in support of state departments and agencies, and, as specified, authorities, municipalities and not-for-profit organizations, hereafter for the purposes of this section referred to as agencies. Such support services shall (i) serve to conserve state resources, (ii) benefit multiple agencies, and (iii) be consistent with the needs and interests of the agencies receiving those services. Support services may be delivered directly by the office of general services or by other means which ensure the cost effectiveness of those services. The commissioner of general services may recommend to the governor new services which could be offered by the office of general services, and that would reduce state or local expenditures and facilitate the mission of agencies currently receiving or which could receive such services.
§ 202-a. Language translation services. 1. Each state agency that provides direct public services in New York state shall translate all vital documents relevant to services offered by the agency into the twelve most common non-English languages spoken by limited-English proficient individuals in the state, based on the data in the most recent American Community Survey published by United States Census Bureau. Agencies subject to this section, in their discretion, may offer up to four additional languages beyond the twelve most common languages. Such additional languages shall be decided by the state agency in consultation with the office of general services and approved by the office of general services based on the number of limited-English proficient immigrants of five years or less in New York state in need of language translation services according to the American Community Survey, including the growth of recent arrival populations in the geographic regions in which the agency's services are offered, the population of limited-English proficient individuals served by the agency, feedback from impacted community or advocacy groups, and any other relevant data published by the United States Census Bureau.
2. Each agency subject to the provisions of this section shall designate a language access coordinator who will work with the office of general services to ensure compliance with the requirements of this section.
3. Each agency subject to the provisions of this section shall develop a language access plan and submit such plan to the office of general services.
(a) An agency's initial language access plan shall be issued by the agency within ninety days of the effective date of this section.
(b) Language access plans shall be updated and reissued every two years on or before January first.
(c) Language access plans shall set forth, at a minimum:
(i) when and by what means the agency will provide or is already providing language assistance services;
(ii) the titles of all available translated documents and the languages into which they have been translated;
(iii) the number of public contact positions in the agency and the number of bilingual employees in public contact positions, and the languages such employees speak;
(iv) a training plan for agency employees which includes, at minimum, annual training on the language access policies of the agency and training in how to provide language assistance services;
(v) a plan for annual internal monitoring of the agency's compliance with this section;
(vi) a description of how the agency intends to notify the public of the agency's offered language assistance services;
(vii) an assessment of the agency's service populations to determine whether additional languages of translation should be added beyond the top twelve languages;
(viii) an explanation as to how the agency determined it would provide any additional language beyond the top twelve languages required by this section; and
(ix) the identity of the agency's language access coordinator.
4. Each agency subject to the provisions of this section shall:
(a) provide interpretation services between the agency and an individual in each individual's primary language with respect to the provision of services or benefits by the agency; and
(b) publish the agency's language access plan on the agency's website.
5. For purposes of this section, "vital document" means any paper or digital document that contains information that is critical for obtaining agency services or benefits or is otherwise required to be completed by law.
6. The office of general services will ensure agency compliance with this section and shall prepare an annual report, which shall be made public on the office of general services website, detailing each agency's progress and compliance with this section.
§ 203. Additional duties of the commissioner. The commissioner of the office of general services is authorized, within amounts appropriated therefor by the legislature and subject to the written approval of the attorney general, to pay and cause to be satisfied and discharged claims for damage to personal or real property or for bodily injuries or wrongful death caused in connection with the operation of a motor vehicle (a) by officers or employees of the state, while acting within the scope of their employment, or (b) by other authorized persons providing service to state government while providing such service, or (c) with relation to motor vehicles which are assigned on a permanent basis with unrestricted use to state officers or employees, when caused by such officer or employee or by a person requested to operate such motor vehicle by such officer or employee in the course of or in connection with the use of such motor vehicle by such officer or employee. Such claims payments shall be made in accordance with a contract with a private firm to process, adjust, investigate, negotiate, settle, pay, and subrogate such claims on behalf of the state, as specified in such contract, provided that such firm is duly licensed to perform such services by the state department of financial services.
Notwithstanding any other provision of law, any such contract may provide for the payment of benefits up to a maximum of fifty thousand dollars for any occurrence in accordance with article fifty-one of the insurance law and for such payments, not based on tort, the attorney general's approval shall not be required. Notwithstanding any other provision of law, any payment of other property damage or bodily injury or wrongful death claims caused by a tort of such officers, employees, or other authorized personnel shall not exceed a maximum of twenty-five thousand dollars for each claimant in accordance with such terms, conditions and requirements as shall be set forth in such contract. Any agency or unit of an agency which is supported by any funding source other than the general fund shall reimburse the general fund for all or any portion of such payments made pursuant to this section which are attributable to the other funding source.
Nothing contained in this section or in any contract provided for herein shall impair any right or obligation in connection with any executed contract of insurance entered into by the state separate and apart from the authority granted herein. No moneys appropriated for the purposes of this section shall be available for expenditure from such appropriation until a certificate of approval has been issued by the director of the budget and copies of such certificate filed with the state comptroller, the chairman of the senate finance committee, and the chairman of the assembly ways and means committee.
§ 203-a. Additional duties of the commissioner regarding flood related losses. In accordance with 44 CFR 75.11 of the code of federal regulations, in the event that state-owned structures and their contents are damaged as the result of flood related losses, flood, and/or flood related hazards occurring in areas identified by the federal insurance administrator as A, AO, AH, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, M, V, VO, V1-30, VE, and E Zones, the commissioner of general services shall pay an amount not less than the limits of coverage that would be applicable if such state-owned structures and their contents had been covered by standard flood insurance policies, as defined in 44 CFR 59.1, for the repair, restoration, or replacement of such state-owned structures and contents, and shall maintain and update, not less frequently than annually, an inventory of all state-owned structures and their contents within such zones.
* § 203-b. Additional duties of the commissioner regarding information on state boards. 1. As used in this section, "commissioner" means the commissioner of general services and, "board" means any board, commission, committee, council, task force or any similar state public organization, required to be established pursuant to the state constitution, state statutes or executive order, for the exercise of any function of state government and to which members are appointed or elected. "Board" does not include:
a. any informal advisory organization not established by law;
b. any joint standing committee of the legislature or any committee of the assembly and/or senate composed entirely of members of the legislature;
c. any court;
d. the board of trustees of any institution of higher education financially supported in whole or in part by the state;
e. any entity of local government;
f. any public authority or public benefit corporation, a majority of whose members are appointed by the governor or serve as members by virtue of holding state offices to which they were appointed by the governor, or any combination thereof; and
g. any board of elections.
2. The commissioner shall maintain a list of all state boards, including state boards deemed active and regularly meeting on and after the effective date of this section. The commissioner shall keep such list on a website designated by the commissioner for the purpose of public access, and such list shall have a link to the website for each such board established pursuant to subdivision three of this section. The designated website shall be updated annually.
3. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall establish and maintain a website available to the public and provide a link to such website to the commissioner. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall annually on or before January first, update the information on its website.
4. The website established by each board or the state agency that provides administrative support or is otherwise affiliated with a board shall include, but not be limited to:
a. statutory language, executive order or other legal basis or authorization for the establishment of such board;
b. public information including departmental affiliation, contact address, phone number, and website;
c. a brief description of the purpose of the board and its legally required duties, including required reports or other products;
d. the size of board membership, current member names, and any qualifications;
e. whether members of a board are eligible for payment of expenses or other compensation in the performance of their duties as members of such board and information on compensation and expenses incurred in the prior and current fiscal years, as well as projected costs for the coming fiscal year;
f. meeting minutes and agendas, dates and locations of all meetings held, and to be held within six months, or a location, including but not limited to another website, in which such information can be publicly accessed;
g. geographic and other relevant qualifications of all current members of the board, including the county in which the member resides and the background or expertise the member possesses where such background or expertise is required for membership on such board; and
h. any other information the commissioner may require. Nothing in this section shall authorize the release or publication of any board member's residential address.
5. Each board or the state agency that provides administrative support or is otherwise affiliated with a board shall update on an annual basis beginning November first, two thousand twenty-three on its website, all vacancies, expired terms, terms expiring within one year, and the process for filling such vacancies on such boards.
6. On or before January first, two thousand twenty-four, the commissioner shall report to the governor, the speaker of the assembly, the temporary president of the senate, the chair of the assembly oversight, analysis and investigation committee and the chair of the senate investigations and government operations committee on the status of the list including but not limited to the number of boards reported and verified. The commissioner shall also report on any impediments to obtaining information.
* NB Effective November 1, 2023
