Bill Text: NY A08534 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to the use of environmentally sensitive cleaning and maintenance products in nursing homes, residential care facilities, senior centers and adult homes; requires commissioner to establish certain guidelines and criteria for the use of such products.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to health [A08534 Detail]

Download: New_York-2009-A08534-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8534
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2009
                                      ___________
       Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
         tee on Health
       AN  ACT  to amend the public health law, in relation to the use of envi-
         ronmentally-sensitive cleaning and  maintenance  products  in  nursing
         homes, residential care facilities and adult homes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  2808-e to read as follows:
    3    S  2808-E.  USE  OF ENVIRONMENTALLY-SENSITIVE CLEANING AND MAINTENANCE
    4  PRODUCTS IN NURSING HOMES. 1. FOR  THE  PURPOSES  OF  THIS  SECTION  THE
    5  FOLLOWING TERMS SHALL MEAN:
    6    (A)  "NURSING HOME" MEANS A FACILITY PROVIDING THEREIN NURSING CARE TO
    7  SICK, INVALID, INFIRM, DISABLED OR CONVALESCENT PERSONS IN  ADDITION  TO
    8  LODGING  AND  BOARD OR HEALTH-RELATED SERVICE, OR ANY COMBINATION OF THE
    9  FOREGOING,  AND  IN  ADDITION  THERETO,  PROVIDING  NURSING   CARE   AND
   10  HEALTH-RELATED  SERVICE, OR EITHER OF THEM, TO PERSONS WHO ARE NOT OCCU-
   11  PANTS OF THE FACILITY.
   12    (B) "RESIDENTIAL HEALTH CARE FACILITY"  MEANS  A  NURSING  HOME  OR  A
   13  FACILITY PROVIDING HEALTH-RELATED SERVICE.
   14    (C) "ADULT HOME" MEANS AN ADULT CARE FACILITY ESTABLISHED AND OPERATED
   15  FOR  THE  PURPOSE  OF PROVIDING LONG-TERM RESIDENTIAL CARE, ROOM, BOARD,
   16  HOUSEKEEPING, PERSONAL CARE, (EITHER DIRECTLY OR INDIRECTLY), AND SUPER-
   17  VISION TO FIVE OR MORE ADULTS UNRELATED TO THE OPERATOR.
   18    (D) "SENIOR CENTER" MEANS A FACILITY THAT PROVIDES SERVICES TO  SENIOR
   19  CITIZENS  ON A REGULAR BASIS, INCLUDING BUT NOT LIMITED TO MEALS, RECRE-
   20  ATION AND COUNSELING.
   21    2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONERS  OF  ENVI-
   22  RONMENTAL  CONSERVATION AND LABOR, SHALL ESTABLISH AND FROM TIME TO TIME
   23  AMEND GUIDELINES AND SPECIFICATIONS FOR ENVIRONMENTALLY-SENSITIVE CLEAN-
   24  ING AND MAINTENANCE PRODUCTS  FOR  USE  IN  NURSING  HOMES,  RESIDENTIAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11890-02-9
       A. 8534                             2
    1  HEALTH  CARE FACILITIES, SENIOR CENTERS AND ADULT HOMES. FOR THE PURPOSE
    2  OF DEVELOPING APPROPRIATE CRITERIA FOR SUCH  GUIDELINES  AND  SPECIFICA-
    3  TIONS,  SUCH  COMMISSIONERS  SHALL REVIEW AND EVALUATE EXISTING RESEARCH
    4  REGARDING  ENVIRONMENTALLY-SENSITIVE  CLEANING AND MAINTENANCE PRODUCTS,
    5  INCLUDING BUT NOT LIMITED TO, RESEARCH AND GUIDANCE ISSUED BY THE UNITED
    6  STATES ENVIRONMENTAL PROTECTION AGENCY AND THE  OFFICE  OF  THE  FEDERAL
    7  ENVIRONMENTAL EXECUTIVE.  IN DEVELOPING SUCH GUIDELINES, THE COMMISSION-
    8  ER  SHALL  PROVIDE  PUBLIC  NOTICE  AND AN OPPORTUNITY TO COMMENT.  SUCH
    9  GUIDELINES SHALL BE FOLLOWED BY NURSING HOMES, RESIDENTIAL  HEALTH  CARE
   10  FACILITIES,  SENIOR  CENTERS,  AND  ADULT  HOMES TO IDENTIFY AND PROCURE
   11  ENVIRONMENTALLY-SENSITIVE CLEANING AND MAINTENANCE  PRODUCTS  WHICH  ARE
   12  AVAILABLE  IN  THE  FORM, FUNCTION AND UTILITY GENERALLY USED BY NURSING
   13  HOMES, RESIDENTIAL HEALTH CARE FACILITIES,  SENIOR  CENTERS,  AND  ADULT
   14  HOMES IN THEIR FACILITIES.
   15    3.  THE  COMMISSIONER SHALL DISSEMINATE TO ALL NURSING HOMES, RESIDEN-
   16  TIAL HEALTH CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES  GUIDELINES
   17  AND SPECIFICATIONS FOR THE PURCHASE AND USE OF ENVIRONMENTALLY-SENSITIVE
   18  CLEANING  AND  MAINTENANCE PRODUCTS IN NURSING HOMES, RESIDENTIAL HEALTH
   19  CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES FOR USE IN THEIR FACIL-
   20  ITIES. THE COMMISSIONER SHALL ALSO PREPARE AND DISSEMINATE TO ALL  NURS-
   21  ING HOMES, RESIDENTIAL HEALTH CARE FACILITIES, SENIOR CENTERS, AND ADULT
   22  HOMES A SAMPLE LIST OF SUCH ENVIRONMENTALLY-SENSITIVE CLEANING AND MAIN-
   23  TENANCE  PRODUCTS  THAT  MEET  THESE  GUIDELINES  OR SPECIFICATIONS. THE
   24  COMMISSIONER SHALL PROVIDE ASSISTANCE AND  GUIDANCE  TO  NURSING  HOMES,
   25  RESIDENTIAL  HEALTH  CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES IN
   26  CARRYING OUT THE REQUIREMENTS OF THIS SECTION.  NURSING HOMES,  RESIDEN-
   27  TIAL  HEALTH  CARE  FACILITIES,  SENIOR  CENTERS,  AND ADULT HOMES SHALL
   28  FOLLOW SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST  WHEN  PURCHASING
   29  CLEANING AND MAINTENANCE PRODUCTS FOR USE IN THEIR FACILITIES.
   30    4.  NURSING HOMES, RESIDENTIAL HEALTH CARE FACILITIES, SENIOR CENTERS,
   31  AND ADULT HOMES SHALL NOTIFY THEIR PERSONNEL OF THE AVAILABILITY OF SUCH
   32  GUIDELINES, SPECIFICATIONS AND SAMPLE LIST.
   33    5. ON OR BEFORE JUNE FIRST, TWO THOUSAND ELEVEN, THE DEPARTMENT  SHALL
   34  ISSUE  A  REPORT  PROVIDING AN ANALYSIS OF THE IMPACT OF SUCH GUIDELINES
   35  AND SPECIFICATIONS ON THE PURCHASING, PROCUREMENT AND USE OF ENVIRONMEN-
   36  TALLY-SENSITIVE CLEANING AND  MAINTENANCE  PRODUCTS  BY  NURSING  HOMES,
   37  RESIDENTIAL  HEALTH  CARE  FACILITIES,  SENIOR CENTERS, AND ADULT HOMES.
   38  NOTHING IN THIS SECTION SHALL PRECLUDE NURSING HOMES, RESIDENTIAL HEALTH
   39  CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES FROM DEPLETING EXISTING
   40  CLEANING AND MAINTENANCE SUPPLY STORES PURCHASED PRIOR TO THE  EFFECTIVE
   41  DATE OF THIS SECTION.
   42    6.  THE  COMMISSIONER  SHALL  MAINTAIN  AND  MAKE  AVAILABLE A LIST OF
   43  CONTRACTORS WHICH PRODUCE OR MANUFACTURE OR OFFER FOR  SALE  ENVIRONMEN-
   44  TALLY-SENSITIVE  CLEANING AND MAINTENANCE PRODUCTS IN THE FORM, FUNCTION
   45  AND UTILITY GENERALLY USED BY NURSING  HOMES,  RESIDENTIAL  HEALTH  CARE
   46  FACILITIES, SENIOR CENTERS, AND ADULT HOMES.
   47    S  2.  This  act  shall  take  effect  on  the first of September next
   48  succeeding the date on which it shall have become a law,  provided  that
   49  the commissioner of health is authorized to promulgate any and all rules
   50  and  regulations  and take any other measures necessary to implement the
   51  provisions of this act on or before its effective date.