NY State Senate Bill 2013-S7282

Senate Bill S7282

2013-2014 Legislative Session

Provides for the protection of the air quality at day care centers licensed by the state and head start day care centers funded pursuant to federal law

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2014	referred to children and families

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2013-S7282 (ACTIVE) - Details

See Assembly Version of this Bill:: A918
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §390-a, Soc Serv L; add §3-0319, En Con L; add §201-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1742
2011-2012: A3764
2015-2016: S335, A947
2017-2018: S85, A4599
2019-2020: S13

2013-S7282 (ACTIVE) - Summary

Provides for the protection of the air quality at licensed day care centers and head start day care centers funded pursuant to federal law; requires the office of children and family services to consult with the commissioners of environmental conservation and health regarding the air quality and environmental hazards that may be involved with any new day care center or head start day care center; requires such office to consult with the department of health if any new environmental or environmental health hazard arises.

2013-S7282 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7282

TITLE OF BILL:  An act to amend the social services law, the
environmental conservation law and the public health law, in relation
to the protection of air quality for day care centers

PURPOSE OR GENERAL IDEA OF THE BILL: To ensure that child care daycare
centers and head start daycare centers are not exposed to hazardous or
toxic environmental pollutants due to their proximity to hazardous
sources; that specifications for indoor air ventilation systems are
protective of healthful indoor air quality; that design techniques
minimize the ingress of pest populations; and that construction
techniques eliminate lead, radon and other toxic contaminants.

SUMMARY OF PROVISIONS:

Section 1. Legislative intent

Section 2. Amends section 390-a of the Social Services law adding
three new subdivisions 5, 6 and 7. Prohibits the Commissioner of the
Office of Children and Family Services to issue a license to any child
care daycare center or head start day Care center if it would be
adversely impacted due to its proximity to existing and known sources
of environmental health hazards, including dry cleaning operations
using perchloroethylene on their premises except in certain cases. It
also requires that the issuance of daycare licenses be contingent upon

conditions affecting the buildings indoor air quality, including:
proper ventilation and air, heating and cooling systems protective of
healthful indoor air quality; design practices to minimize pest
populations; and construction techniques to eliminate exposure to
lead, radon and other toxic contaminants.

Requires that any currently licensed day care center that does not
meet the requirements outlined in this subdivision, must meet these
requirements within one year of the renewal date of the license.

Sections 3 and 4, requires the Commissioners of the Departments of
Environmental Conservation and Health to provide information to the
Office of Children and Families as to existing and known sources of
environmental hazards on an annual basis and as requested by the
Commissioner of the Office of Children and Families.

Section 5. Effective date.

EXISTING LAW: There is currently no statutory requirements which would
prohibit the location of day care centers near to existing and known
sources of environmental hazards. Nor are there any standards for
building specifications that ensure that indoor air quality is
healthful, or that exposure to pests, lead, radon and other
environmental health hazards are eliminated or reduced as much as
possible.

JUSTIFICATION: This legislation is intended to ensure that day care
centers are safe and healthy environments; and to avoid problems such
as occurred in the Town of Guilderland where children were exposed to
harmful levels of perchioroethylene from a dry cleaner that had
laundering operations on the same premises as the day care center.


These protections are accomplished by ensuring that the building's
location, construction and design will eliminate or minimize exposure
to harmful environmental pollutants. Children may be severely impaired
by exposure to pollutants emitted from hazardous areas, and from
exposures to pesticides, lead, radon, and other toxic contaminants in
the environment. These pollutants can impair their learning abilities,
induce sensitive reactions to chemicals, and possibly cause
irreparable harm to health. It is critically important that exposure
to these hazards be eliminated or reduced as much as possible.

LEGISLATIVE HISTORY:  5/21/03 Passed Assembly (A392) 3/08/04 Passed
Assembly 2005-06 A.5177 Passed assembly 2007-08 A8838 passed assembly
2009-10 A1742 passed assembly 2011-12 A3764 Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The law takes effect 60 days after it becomes law.

2013-S7282 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7282

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN  ACT to amend the social services law, the environmental conservation
  law and the public health law, in relation to the  protection  of  air
  quality for day care centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds and declares that
it shall be the policy of the state of New York to provide  every  child
with  an  environmentally safe and healthy learning environment in which
to grow, learn and mature into productive and healthy adults. To  ensure
that  day  care  facilities  provide  this setting for our children, the
legislature finds that standards for day care facilities must be protec-
tive of children's environmental health and safety. Children are unique-
ly vulnerable to and may be severely affected by exposure to  chemicals,
hazardous  wastes  and  other  environmental hazards, which affect their
learning abilities as well as create chemical-based responses and sensi-
tivities. It is the purpose of this legislation to  reduce  as  much  as
possible such exposures for children and day care facility staff.
  S  2.  Section  390-a  of the social services law is amended by adding
three new subdivisions 6, 7 and 8 to read as follows:
  6. (A) NO LICENSE SHALL BE ISSUED OR RENEWED  FOR  A  CHILD  DAY  CARE
CENTER  AS  DEFINED  IN SECTION THREE HUNDRED NINETY OF THIS TITLE, OR A
HEAD START DAY CARE CENTER FUNDED PURSUANT TO TITLE  V  OF  THE  FEDERAL
ECONOMIC  OPPORTUNITY ACT OF NINETEEN HUNDRED SIXTY-FOUR, AS AMENDED, IF
THE BUILDING  OR  ITS  OUTDOOR  RECREATIONAL  AREA  WOULD  BE  ADVERSELY
IMPACTED  DUE  TO  ITS  PROXIMITY  TO  EXISTING  AND KNOWN ENVIRONMENTAL
HAZARDS, INCLUDING INDUSTRIAL FACILITIES, COMBUSTION  FACILITIES,  INAC-
TIVE  HAZARDOUS  WASTE  SITES,  HAZARDOUS  SUBSTANCE SITES, MUNICIPAL OR
COMMERCIAL LANDFILLS, AND OTHER ENVIRONMENTAL  HEALTH  HAZARDS  SUCH  AS
RADON,  LEAD,  CHLORINATED  HYDROCARBONS AND OTHER TOXIC CONTAMINANTS AS
DETERMINED BY THE DEPARTMENTS OF ENVIRONMENTAL CONSERVATION AND HEALTH.
  (B) THE COMMISSIONER OF CHILDREN AND  FAMILY  SERVICES  SHALL  CONSULT
WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVATION AND HEALTH PRIOR TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD05723-01-3

S. 7282                             2

THE  APPROVAL  OF ANY NEW SITE FOR A CHILD DAY CARE CENTER OR HEAD START
DAY CARE CENTER TO ENSURE THAT SUCH FACILITY OR ITS OUTDOOR RECREATIONAL
AREA WILL NOT BE ADVERSELY IMPACTED DUE TO ITS PROXIMITY TO ANY EXISTING
AND KNOWN ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARDS.
  7.  (A)  NO  LICENSE SHALL BE ISSUED TO A NEW CHILD DAY CARE CENTER OR
NEW HEAD START DAY CARE CENTER UNLESS THE BUILDING SHALL PROVIDE FOR THE
FOLLOWING WHERE APPLICABLE: HEATING, VENTILATION  AND  AIR  CONDITIONING
SYSTEMS  THAT  MEET  CURRENTLY  ACCEPTED INDUSTRY VENTILATION STANDARDS;
PLACEMENT OF AIR INTAKE VENTS SO AS TO  MAXIMIZE  HEALTHFUL  INDOOR  AIR
QUALITY; DESIGN PRACTICES THAT MINIMIZE INGRESS OF AND CONDITIONS FAVOR-
ABLE  TO  PEST  POPULATIONS;  CONSTRUCTION  TECHNIQUES  AND  VENTILATION
SYSTEMS DESIGNED TO ELIMINATE RADON LEVELS  IN  INDOOR  AIR;  AND  OTHER
MEASURES  NECESSARY  TO  MAINTAIN HEALTHFUL, SAFE AND COMFORTABLE CONDI-
TIONS THEREIN.
  (B) CHILD DAY CARE CENTERS OR HEAD START DAY CARE  CENTERS  WHICH  ARE
LICENSED  PRIOR  TO  THE EFFECTIVE DATE OF THIS SUBDIVISION AND WHICH DO
NOT MEET THE REQUIREMENTS OF PARAGRAPH (A) OF  THIS  SUBDIVISION,  SHALL
MEET  SUCH  REQUIREMENTS  WITHIN ONE YEAR FROM THE RENEWAL DATE OF THEIR
LICENSE, OTHERWISE SUCH LICENSE SHALL NOT BE RENEWED.
  8.  IN THE EVENT THAT ANY NEW ENVIRONMENTAL  OR  ENVIRONMENTAL  HEALTH
HAZARD  IS IDENTIFIED DUE TO ITS PROXIMITY TO A CHILD DAY CARE CENTER OR
HEAD START DAY CARE CENTER, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
SHALL  REQUEST  THE  DEPARTMENT OF HEALTH TO EVALUATE THE IMPACT OF SUCH
HAZARD ON THE CHILD DAY CARE CENTER OR HEAD START DAY CARE  CENTER,  AND
IF THE NEW ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARD IS FOUND TO HAVE
AN IMPACT, THE DEPARTMENT OF HEALTH SHALL REQUIRE SUCH FACILITY CREATING
SUCH  NEW  ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARD TO REMEDIATE THE
HAZARD WITHIN NINETY DAYS WITHOUT ANY ADVERSE ACTION UPON THE LICENSE OR
LICENSE RENEWAL OF THE CHILD DAY CARE CENTER  OR  HEAD  START  DAY  CARE
CENTER.
  S  3.  The  environmental  conservation law is amended by adding a new
section 3-0319 to read as follows:
S 3-0319. INFORMATION FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  PURSUANT TO SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-A  OF  THE
SOCIAL  SERVICES LAW THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECESSARY
INFORMATION TO THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  REGARDING
EXISTING  AND  KNOWN  LOCATIONS  OF  EXISTING  AND  KNOWN  ENVIRONMENTAL
HAZARDS, INCLUDING INDUSTRIAL FACILITIES, COMBUSTION  FACILITIES,  INAC-
TIVE  HAZARDOUS  WASTE  SITES,  HAZARDOUS  SUBSTANCE SITES, MUNICIPAL OR
COMMERCIAL LANDFILLS, AND OTHER ENVIRONMENTAL  HEALTH  HAZARDS  SUCH  AS
RADON,  LEAD,  CHLORINATED  HYDROCARBONS AND OTHER TOXIC CONTAMINANTS AS
DETERMINED BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH. WHENEVER  THE
OFFICE  OF  CHILDREN  AND FAMILY SERVICES REQUESTS SUCH INFORMATION FROM
THE DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS OF
RECEIPT OF SUCH REQUEST.
  S 4. The public health law is amended by adding a new section 201-a to
read as follows:
  S 201-A. INFORMATION FOR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES.
PURSUANT  TO  SUBDIVISION  SIX  OF SECTION THREE HUNDRED NINETY-A OF THE
SOCIAL SERVICES LAW, THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECESSARY
INFORMATION TO THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  REGARDING
EXISTING  AND  KNOWN  LOCATIONS  OF ENVIRONMENTAL HEALTH HAZARDS SUCH AS
RADON, LEAD, CHLORINATED  HYDROCARBONS  AND  OTHER  TOXIC  CONTAMINANTS.
WHENEVER THE OFFICE OF CHILDREN AND FAMILY SERVICES REQUESTS SUCH INFOR-
MATION  FROM  THE  DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN
THIRTY DAYS OF RECEIPT OF SUCH REQUEST.

S. 7282                             3

  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S7282

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Sponsored By

Adriano Espaillat