Bill Text: NY A01670 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the public health law and the environmental conservation law, in relation to plans and specifications for hospitals

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A01670 Detail]

Download: New_York-2009-A01670-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1670
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, EDDINGTON, ROBINSON -- Multi-Spon-
         sored by -- M. of A.  CLARK, CYMBROWITZ, JACOBS,  MAYERSOHN,  McENENY,
         NOLAN, PERRY -- read once and referred to the Committee on Health
       AN ACT to amend the public health law and the environmental conservation
         law, in relation to plans and specifications for hospitals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 201 of the public  health  law  is
    2  amended by adding a new paragraph (t) to read as follows:
    3    (T)  PURSUANT  TO  SUBDIVISION THREE-E OF SECTION TWENTY-EIGHT HUNDRED
    4  TWO OF THIS CHAPTER,  ANNUALLY  PROVIDE  ALL  NECESSARY  INFORMATION  TO
    5  HOSPITALS,  REGARDING  EXISTING  AND  KNOWN  LOCATIONS  OF ENVIRONMENTAL
    6  HAZARDS SUCH AS RADON, LEAD AND OTHER  TOXIC  CONTAMINANTS.  WHENEVER  A
    7  HOSPITAL  REQUESTS SUCH INFORMATION FROM THE DEPARTMENT SUCH INFORMATION
    8  SHALL BE PROVIDED WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST;
    9    S 2. Section 2802 of the public health law is amended  by  adding  two
   10  new subdivisions 3-d and 3-e to read as follows:
   11    3-D.  THE  COMMISSIONER  SHALL  NOT  APPROVE  AN  APPLICATION  FOR THE
   12  CONSTRUCTION OF A HOSPITAL UNLESS SUCH APPLICATION SHALL PROVIDE FOR THE
   13  FOLLOWING WHERE APPLICABLE: HEATING, VENTILATION  AND  AIR  CONDITIONING
   14  SYSTEMS  CONSTRUCTED,  MAINTAINED OR UPGRADED TO MEET CURRENTLY ACCEPTED
   15  INDUSTRY VENTILATION STANDARDS; PLACEMENT OF AIR INTAKE VENTS SO  AS  TO
   16  MAXIMIZE  HEALTHFUL  INDOOR  AIR QUALITY; DESIGN PRACTICES THAT MINIMIZE
   17  INGRESS OF AND CONDITIONS FAVORABLE TO  PEST  POPULATIONS;  CONSTRUCTION
   18  TECHNIQUES  AND  VENTILATION SYSTEMS DESIGNED TO CONTROL RADON LEVELS IN
   19  INDOOR AIR; AND LIGHTING, SANITATION, STORM DRAINAGE, AND  HEALTH,  FIRE
   20  AND  ACCIDENT  PROTECTION  ADEQUATE  TO  MAINTAIN  HEALTHFUL,  SAFE  AND
   21  COMFORTABLE CONDITIONS THEREIN.
   22    3-E. EVERY APPLICATION FOR THE CONSTRUCTION OF A HOSPITAL SHALL DEMON-
   23  STRATE THAT THE APPLICANT HAS IN ITS SELECTION OF THE SITE OR SITES  FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04837-01-9
       A. 1670                             2
    1  THE CONSTRUCTION OF SUCH HOSPITAL TAKEN INTO CONSIDERATION THE PROXIMITY
    2  OF  SUCH  SITE  OR  SITES  TO  EXISTING AND KNOWN ENVIRONMENTAL HAZARDS,
    3  INCLUDING INDUSTRIAL FACILITIES, COMBUSTION FACILITIES, INACTIVE HAZARD-
    4  OUS  WASTE SITES, MUNICIPAL LANDFILLS AND OTHER ENVIRONMENTAL HAZARDS AS
    5  DETERMINED BY THE DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL CONSER-
    6  VATION, AND AVOIDANCE OF SUCH WHERE PRUDENT.
    7    S 3. The environmental conservation law is amended  by  adding  a  new
    8  section 3-0319 to read as follows:
    9  S 3-0319. INFORMATION FOR DEPARTMENT OF HEALTH AND HOSPITALS.
   10    PURSUANT TO SUBDIVISION THREE-E OF SECTION TWENTY-EIGHT HUNDRED TWO OF
   11  THE  PUBLIC HEALTH LAW, THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECES-
   12  SARY INFORMATION TO THE DEPARTMENT OF  HEALTH,  REGARDING  EXISTING  AND
   13  KNOWN  LOCATIONS  OF INDUSTRIAL FACILITIES, COMBUSTION FACILITIES, INAC-
   14  TIVE HAZARDOUS WASTE SITES, MUNICIPAL LANDFILLS AND OTHER  ENVIRONMENTAL
   15  HAZARDS.  WHENEVER A HOSPITAL REQUESTS SUCH INFORMATION FROM THE DEPART-
   16  MENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS  OF  RECEIPT
   17  OF SUCH REQUEST.
   18    S 4. This act shall take effect on the one hundred eightieth day after
   19  it  shall  have  become  a  law; provided that any rules and regulations
   20  necessary to implement the provisions of this act on its effective  date
   21  are authorized and directed to be promulgated on or before such date.