S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3764
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Health
       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:
    1    Section 1. Legislative intent. The legislature finds and declares that
    2  it  shall  be the policy of the state of New York to provide every child
    3  with an environmentally safe and healthy learning environment  in  which
    4  to  grow, learn and mature into productive and healthy adults. To ensure
    5  that day care facilities provide this  setting  for  our  children,  the
    6  legislature finds that standards for day care facilities must be protec-
    7  tive of children's environmental health and safety. Children are unique-
    8  ly  vulnerable to and may be severely affected by exposure to chemicals,
    9  hazardous wastes and other environmental  hazards,  which  affect  their
   10  learning abilities as well as create chemical-based responses and sensi-
   11  tivities.  It  is  the  purpose of this legislation to reduce as much as
   12  possible such exposures for children and day care facility staff.
   13    S 2. Section 390-a of the social services law  is  amended  by  adding
   14  three new subdivisions 6, 7 and 8 to read as follows:
   15    6.  (A)  NO  LICENSE  SHALL  BE ISSUED OR RENEWED FOR A CHILD DAY CARE
   16  CENTER AS DEFINED IN SECTION THREE HUNDRED NINETY OF THIS  TITLE,  OR  A
   17  HEAD  START  DAY  CARE  CENTER FUNDED PURSUANT TO TITLE V OF THE FEDERAL
   18  ECONOMIC OPPORTUNITY ACT OF NINETEEN HUNDRED SIXTY-FOUR, AS AMENDED,  IF
   19  THE  BUILDING  OR  ITS  OUTDOOR  RECREATIONAL  AREA  WOULD  BE ADVERSELY
   20  IMPACTED DUE TO  ITS  PROXIMITY  TO  EXISTING  AND  KNOWN  ENVIRONMENTAL
   21  HAZARDS,  INCLUDING  INDUSTRIAL FACILITIES, COMBUSTION FACILITIES, INAC-
   22  TIVE HAZARDOUS WASTE SITES,  HAZARDOUS  SUBSTANCE  SITES,  MUNICIPAL  OR
   23  COMMERCIAL  LANDFILLS,  AND  OTHER  ENVIRONMENTAL HEALTH HAZARDS SUCH AS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06007-01-1
       A. 3764                             2
    1  RADON, LEAD, CHLORINATED HYDROCARBONS AND OTHER  TOXIC  CONTAMINANTS  AS
    2  DETERMINED BY THE DEPARTMENTS OF ENVIRONMENTAL CONSERVATION AND HEALTH.
    3    (B)  THE  COMMISSIONER  OF  CHILDREN AND FAMILY SERVICES SHALL CONSULT
    4  WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVATION AND HEALTH PRIOR TO
    5  THE APPROVAL OF ANY NEW SITE FOR A CHILD DAY CARE CENTER OR  HEAD  START
    6  DAY CARE CENTER TO ENSURE THAT SUCH FACILITY OR ITS OUTDOOR RECREATIONAL
    7  AREA WILL NOT BE ADVERSELY IMPACTED DUE TO ITS PROXIMITY TO ANY EXISTING
    8  AND KNOWN ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARDS.
    9    7.  (A)  NO  LICENSE SHALL BE ISSUED TO A NEW CHILD DAY CARE CENTER OR
   10  NEW HEAD START DAY CARE CENTER UNLESS THE BUILDING SHALL PROVIDE FOR THE
   11  FOLLOWING WHERE APPLICABLE: HEATING, VENTILATION  AND  AIR  CONDITIONING
   12  SYSTEMS  THAT  MEET  CURRENTLY  ACCEPTED INDUSTRY VENTILATION STANDARDS;
   13  PLACEMENT OF AIR INTAKE VENTS SO AS TO  MAXIMIZE  HEALTHFUL  INDOOR  AIR
   14  QUALITY; DESIGN PRACTICES THAT MINIMIZE INGRESS OF AND CONDITIONS FAVOR-
   15  ABLE  TO  PEST  POPULATIONS;  CONSTRUCTION  TECHNIQUES  AND  VENTILATION
   16  SYSTEMS DESIGNED TO ELIMINATE RADON LEVELS  IN  INDOOR  AIR;  AND  OTHER
   17  MEASURES  NECESSARY  TO  MAINTAIN HEALTHFUL, SAFE AND COMFORTABLE CONDI-
   18  TIONS THEREIN.
   19    (B) CHILD DAY CARE CENTERS OR HEAD START DAY CARE  CENTERS  WHICH  ARE
   20  LICENSED  PRIOR  TO  THE EFFECTIVE DATE OF THIS SUBDIVISION AND WHICH DO
   21  NOT MEET THE REQUIREMENTS OF PARAGRAPH (A) OF  THIS  SUBDIVISION,  SHALL
   22  MEET  SUCH  REQUIREMENTS  WITHIN ONE YEAR FROM THE RENEWAL DATE OF THEIR
   23  LICENSE, OTHERWISE SUCH LICENSE SHALL NOT BE RENEWED.
   24    8.  IN THE EVENT THAT ANY NEW ENVIRONMENTAL  OR  ENVIRONMENTAL  HEALTH
   25  HAZARD  IS IDENTIFIED DUE TO ITS PROXIMITY TO A CHILD DAY CARE CENTER OR
   26  HEAD START DAY CARE CENTER, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
   27  SHALL  REQUEST  THE  DEPARTMENT OF HEALTH TO EVALUATE THE IMPACT OF SUCH
   28  HAZARD ON THE CHILD DAY CARE CENTER OR HEAD START DAY CARE  CENTER,  AND
   29  IF THE NEW ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARD IS FOUND TO HAVE
   30  AN IMPACT, THE DEPARTMENT OF HEALTH SHALL REQUIRE SUCH FACILITY CREATING
   31  SUCH  NEW  ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARD TO REMEDIATE THE
   32  HAZARD WITHIN NINETY DAYS WITHOUT ANY ADVERSE ACTION UPON THE LICENSE OR
   33  LICENSE RENEWAL OF THE CHILD DAY CARE CENTER  OR  HEAD  START  DAY  CARE
   34  CENTER.
   35    S  3.  The  environmental  conservation law is amended by adding a new
   36  section 3-0319 to read as follows:
   37  S 3-0319. INFORMATION FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   38    PURSUANT TO SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-A  OF  THE
   39  SOCIAL  SERVICES LAW THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECESSARY
   40  INFORMATION TO THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  REGARDING
   41  EXISTING  AND  KNOWN  LOCATIONS  OF  EXISTING  AND  KNOWN  ENVIRONMENTAL
   42  HAZARDS, INCLUDING INDUSTRIAL FACILITIES, COMBUSTION  FACILITIES,  INAC-
   43  TIVE  HAZARDOUS  WASTE  SITES,  HAZARDOUS  SUBSTANCE SITES, MUNICIPAL OR
   44  COMMERCIAL LANDFILLS, AND OTHER ENVIRONMENTAL  HEALTH  HAZARDS  SUCH  AS
   45  RADON,  LEAD,  CHLORINATED  HYDROCARBONS AND OTHER TOXIC CONTAMINANTS AS
   46  DETERMINED BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH. WHENEVER  THE
   47  OFFICE  OF  CHILDREN  AND FAMILY SERVICES REQUESTS SUCH INFORMATION FROM
   48  THE DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS OF
   49  RECEIPT OF SUCH REQUEST.
   50    S 4. The public health law is amended by adding a new section 201-a to
   51  read as follows:
   52    S 201-A. INFORMATION FOR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES.
   53  PURSUANT  TO  SUBDIVISION  SIX  OF SECTION THREE HUNDRED NINETY-A OF THE
   54  SOCIAL SERVICES LAW, THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECESSARY
   55  INFORMATION TO THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  REGARDING
   56  EXISTING  AND  KNOWN  LOCATIONS  OF ENVIRONMENTAL HEALTH HAZARDS SUCH AS
       A. 3764                             3
    1  RADON, LEAD, CHLORINATED  HYDROCARBONS  AND  OTHER  TOXIC  CONTAMINANTS.
    2  WHENEVER THE OFFICE OF CHILDREN AND FAMILY SERVICES REQUESTS SUCH INFOR-
    3  MATION  FROM  THE  DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN
    4  THIRTY DAYS OF RECEIPT OF SUCH REQUEST.
    5    S  5.  This  act  shall take effect on the sixtieth day after it shall
    6  have become a law.