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STATE OF NEW YORK
________________________________________________________________________

3764

2011-2012 Regular Sessions

IN ASSEMBLY

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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06007-01-1
A. 3764                             2

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
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
A. 3764                             3

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