(a) Each State agency shall comply with the provisions of Public Health Law, section 3000-b.

(b) Each State agency shall endeavor to provide and maintain on-site at each of its public buildings a sufficient number of functional cardiac AED devices, and shall endeavor to provide a sufficient number of trained AED operators for emergencies, in accordance with these regulations, unless conditions exist in a certain structure that prevent a State agency from reasonably complying with the requirements of these regulations.

(c) Each agency will be responsible for the phased-in installation of AEDs in its respective facilities. Such phase-in period shall not extend beyond March 31, 2010, absent extraordinary circumstances that warrant a longer phase-in period. Any such extraordinary circumstances resulting in exemption from or noncompliance with these regulations shall be detailed in the agency's report pursuant to subdivision (h) of this section.

(d) In the event that a specific building space is shared between agencies, then memoranda of understanding (MOU) may be made between such agencies relative to the development and funding of an AED program for the shared space, as well as the joint administration of all aspects of the AED program.

(e) Notwithstanding any other provision of this Part, a State agency is located in building space owned or managed by OGS, OGS will be responsible for installing AEDs in the building and for managing AED maintenance and AED operator training. Otherwise, it shall be the responsibility of the agency occupying OGS space to comply with all other provisions of this Part, including recruiting agency personnel as AED operators and coordinators.

(f) In the case of public buildings owned and/or managed by an agency other than OGS, or public buildings managed by OGS by virtue of an agreement with another agency or a private entity, the occupying agencies will be responsible for the installation of AEDs in the building and for the management of AED maintenance and AED operator training.

(g) If an agency operates a medical facility that provides alternative services for the purpose of addressing emergency defibrillation, that agency shall file with the commissioner a written notification explaining how the medical facility addresses emergency defibrillation in a sufficient manner so as to be consistent with the health and safety objectives of these regulations. Agencies operating such an alternative services plan which has been approved by DOH will be deemed to have fulfilled the requirements of sections 303.5, 303.6, 303.7, and 303.8 of this Part respecting the public buildings at which the alternative services plan is effective. Upon receipt of such written notification(s), the commissioner will provide the agency with an acknowledgment of receipt, and will also provide a copy of such written notification(s) to DOH.

(h) From the date of adoption of these regulations, each State agency shall commence the planning process for implementation of an AED program. By April 1, 2006 all State agencies shall file with the commissioner a written report setting forth the details of the agency's AED program plan. The report shall include specific reference to the individual requirements set out in these regulations, including, but not limited to, a proposed schedule for implementation at each public building. If an agency has previously commenced an AED program in its buildings, then that agency's report should identify those buildings that currently have AEDs and should demonstrate how those buildings comply with the standards promulgated in these regulations. All such reports shall be updated annually, commencing April 1, 2007, and shall detail the status of the agency's AED program respecting compliance with these regulations. Once full implementation is achieved, such annual reports shall be required only for years in which substantive changes to the agency's plan or its compliance therewith have developed. Upon receipt of such report(s), the commissioner will provide the agency with an acknowledgment of receipt, and will also provide a copy of such report(s) to DOH. A State agency may commence installation of AEDs prior to submitting its written report to the commissioner.

(i) If during the process of developing its AED program, a State agency is unable to fulfill all the requirements of these regulations at its public buildings as a result of insufficient staff or other restrictive conditions, a written report explaining the reasons for such circumstances shall be provided to the commissioner. A State agency shall include in such report an alternative implementation program designed to provide AED protection at the public building(s) referenced in the report or an explanation as to why there is no feasible method of implementating an AED program for the subject public building(s). The filing of such an explanatory report shall temporarily suspend an agency's obligation to fulfill other requirements of this Part for such public building(s) until the underlying prohibitive condition(s) may be corrected. Upon receipt of such report(s), the commissioner will provide the agency with an acknowledgment of receipt, and will also provide a copy of such report(s) to DOH.