S. 1287 2 PARTICIPATING IN THE PROGRAM SHALL BE EIGHT O'CLOCK A.M. TO SIX O'CLOCK P.M., MONDAY THROUGH THURSDAY. 2. THE GOVERNOR SHALL DETERMINE THE OFFICES OR OTHER UNITS IN STATE AGENCIES THAT WILL PARTICIPATE IN THE PILOT PROGRAM. IN MAKING SUCH DETERMINATIONS, THE GOVERNOR SHALL EVALUATE: (A) THE EXTENT TO WHICH SUCH OFFICES OR UNITS PROVIDE AN ESSENTIAL PUBLIC SERVICE, SUCH AS LAW ENFORCEMENT OR HEALTH CARE, THAT MUST BE PROVIDED ON A CONTINUOUS BASIS; (B) THE EXTENT TO WHICH A CHANGE TO A FOUR-DAY WORK WEEK FOR A PARTIC- ULAR OFFICE OR UNIT MAY HAVE ADVERSE IMPACTS ON REVENUES OR PUBLIC SERVICES; (C) THE ABILITY OF THE STATE TO BENEFIT FROM REDUCED ENERGY EXPENDI- TURES FOR LEASED SPACE; AND (D) SUCH OTHER MATTERS AS THE GOVERNOR MAY DEEM APPROPRIATE. 3. THE PILOT PROGRAM SHALL PROVIDE MECHANISMS FOR THE ACCOMMODATION OF INDIVIDUAL EMPLOYEES WHO CAN DOCUMENT THAT THEY WOULD OTHERWISE EXPERI- ENCE SUBSTANTIAL AND UNAVOIDABLE HARDSHIPS UNDER THE NEW SCHEDULE ADOPTED PURSUANT TO THIS SECTION. NO EMPLOYEE SHALL FORFEIT ANY REMUNER- ATION OR BENEFIT BY VIRTUE OF THE OPERATION OF THE PILOT PROGRAM, AND THE GOVERNOR SHALL BE AUTHORIZED AND EMPOWERED TO VARY THE PROVISIONS OF ANY STATUTE OR REGULATION RELATING TO VACATION AND LEAVE CREDITS, BY EXECUTIVE ORDER, TO ENSURE THAT NO SUCH FORFEITURE OCCURS. 4. THE GOVERNOR SHALL INITIATE THE PILOT PROGRAM NOT MORE THAN ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. SUCH PROGRAM SHALL RUN FOR A PERIOD OF NOT LESS THAN TWO YEARS AFTER INITI- ATION. THE DEPARTMENT SHALL PREPARE AND MAKE PUBLIC A BASELINE REPORT DETAILING THE OPERATING COSTS, INCLUDING ENERGY USAGE AND THE COSTS OF BUILDING MAINTENANCE, ATTRIBUTABLE TO AFFECTED OFFICES AND UNITS OF STATE AGENCIES PRIOR TO THEIR PARTICIPATION IN THE PILOT PROGRAM. NOT LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE PILOT PROGRAM HAS BEEN OPERATIONAL FOR A FULL YEAR, THE DEPARTMENT SHALL SUBMIT TO THE GOVER- NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM- BLY A REPORT COMPARING SUCH BASELINE COSTS TO THE ENERGY AND ENVIRON- MENTAL IMPACTS AND BUILDING COST SAVINGS RESULTING FROM THE PILOT PROGRAM. SUCH REPORT SHALL ALSO ESTIMATE THE IMPACT OF THE PILOT PROGRAM ON OTHER VARIABLES, INCLUDING BUT NOT LIMITED TO COMMUTER MILES TRAV- ELED, COMMUTING COSTS, AND PUBLIC AND EMPLOYEE SATISFACTION WITH THE PROGRAM. 5. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES OR REMEDIES OF ANY STATE EMPLOYEE PURSUANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER OR ANY OTHER EMPLOYMENT CONTRACT. § 3. Section 20 of the general construction law, as amended by chapter 172 of the laws of 1988, is amended to read as follows: § 20. Day, computation. A number of days specified as a period from a certain day within which or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made. If such period is a period of two days, Saturday, Sunday or a public holiday must be excluded from the reckoning if it is an intervening day between the day from which the reckoning is made and the last day of the period. In computing any specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period of time is reckoned shall be excluded in making the reckoning. WHENEVER ANY PAYMENT OF MONEY, PERFORMANCE OF A CONDITION OR OTHER ACTION IS AUTHORIZED OR S. 1287 3 REQUIRED TO BE DONE WITHIN A PERIOD OF TIME, AND SUCH PERIOD ENDS ON A FRIDAY ON WHICH A STATE AGENCY WHICH IS A NECESSARY PARTY TO THE PAYMENT, PERFORMANCE OR ACTION IS NOT OPEN BY VIRTUE OF PARTICIPATING IN A FOUR-DAY WORK WEEK PILOT PROGRAM PURSUANT TO SECTION ONE HUNDRED THIR- TY-FOUR-A OF THE CIVIL SERVICE LAW, SUCH FRIDAY MAY BE DEEMED A "PUBLIC HOLIDAY" FOR THE PURPOSES OF TIME COMPUTATION. § 4. This act shall take effect immediately.