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

                                   707

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, ROBINSON -- Multi-Sponsored by -- M.
  of  A.  CLARK,  CYMBROWITZ,  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:

  Section  1.  Subdivision  1 of section 201 of the public health law is
amended by adding a new paragraph (t) to read as follows:
  (T) PURSUANT TO SUBDIVISION THREE-E OF  SECTION  TWENTY-EIGHT  HUNDRED
TWO  OF  THIS  CHAPTER,  ANNUALLY  PROVIDE  ALL NECESSARY INFORMATION TO
HOSPITALS, REGARDING  EXISTING  AND  KNOWN  LOCATIONS  OF  ENVIRONMENTAL
HAZARDS  SUCH  AS  RADON,  LEAD AND OTHER TOXIC CONTAMINANTS. WHENEVER A
HOSPITAL REQUESTS SUCH INFORMATION FROM THE DEPARTMENT SUCH  INFORMATION
SHALL BE PROVIDED WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST;
  S  2.  Section  2802 of the public health law is amended by adding two
new subdivisions 3-d and 3-e to read as follows:
  3-D. THE  COMMISSIONER  SHALL  NOT  APPROVE  AN  APPLICATION  FOR  THE
CONSTRUCTION OF A HOSPITAL UNLESS SUCH APPLICATION SHALL PROVIDE FOR THE
FOLLOWING  WHERE  APPLICABLE:  HEATING, VENTILATION AND AIR CONDITIONING
SYSTEMS CONSTRUCTED, MAINTAINED OR UPGRADED TO 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 FAVORABLE TO PEST POPULATIONS; CONSTRUCTION
TECHNIQUES AND VENTILATION SYSTEMS DESIGNED TO CONTROL RADON  LEVELS  IN
INDOOR  AIR;  AND LIGHTING, SANITATION, STORM DRAINAGE, AND HEALTH, FIRE
AND  ACCIDENT  PROTECTION  ADEQUATE  TO  MAINTAIN  HEALTHFUL,  SAFE  AND
COMFORTABLE CONDITIONS THEREIN.
  3-E. EVERY APPLICATION FOR THE CONSTRUCTION OF A HOSPITAL SHALL DEMON-
STRATE  THAT THE APPLICANT HAS IN ITS SELECTION OF THE SITE OR SITES FOR
THE CONSTRUCTION OF SUCH HOSPITAL TAKEN INTO CONSIDERATION THE PROXIMITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05826-01-5
              

A. 707                              2

OF SUCH SITE OR SITES  TO  EXISTING  AND  KNOWN  ENVIRONMENTAL  HAZARDS,
INCLUDING INDUSTRIAL FACILITIES, COMBUSTION FACILITIES, INACTIVE HAZARD-
OUS  WASTE SITES, MUNICIPAL LANDFILLS AND OTHER ENVIRONMENTAL HAZARDS AS
DETERMINED BY THE DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION, AND AVOIDANCE OF SUCH WHERE PRUDENT.
  S  3.  The  environmental  conservation law is amended by adding a new
section 3-0321 to read as follows:
S 3-0321. INFORMATION FOR DEPARTMENT OF HEALTH AND HOSPITALS.
  PURSUANT TO SUBDIVISION THREE-E OF SECTION TWENTY-EIGHT HUNDRED TWO OF
THE PUBLIC HEALTH LAW, THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL  NECES-
SARY  INFORMATION  TO  THE  DEPARTMENT OF HEALTH, REGARDING EXISTING AND
KNOWN LOCATIONS OF INDUSTRIAL FACILITIES, COMBUSTION  FACILITIES,  INAC-
TIVE  HAZARDOUS WASTE SITES, MUNICIPAL LANDFILLS AND OTHER ENVIRONMENTAL
HAZARDS. WHENEVER A HOSPITAL REQUESTS SUCH INFORMATION FROM THE  DEPART-
MENT,  SUCH  INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS OF RECEIPT
OF SUCH REQUEST.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be promulgated on or before such date.