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BILL NUMBER:S125A

TITLE OF BILL:

An act to amend the public health law, in relation to the use of environmentally-sensitive cleaning and maintenance products in nursing homes, residential care facilities and adult homes

PURPOSE OR GENERAL IDEA OF BILL:

To establish guidelines for the use of environmentally-sensitive cleaning and maintenance products in nursing homes, residential health care facilities, adult homes and senior centers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the Public Health Law by adding a new section 2808-e. Defines the following terms: nursing home, residential health care facility, adult home and senior center. Provides that the Commissioner, in consultation with the Commissioners of Environmental Conservation and Labor, shall establish and from time to amend guidelines and specifications for environmentally-sensitive cleaning and maintenance products. Requires the Commissioners to review and evaluate existing research regarding environmentally-sensitive cleaning and maintenance products, including but not limited to, research and guidance issued by the United States EPA and the office of the Federal Environmental Executive. Requires the Commissioner to disseminate guidelines and specifications for the purchase and use of environmentally-sensitive cleaning and maintenance products and to prepare and disseminate a sample list of environmentally-sensitive cleaning products that meet these guidelines or specifications. Requires the Department to issue a rep0l1 on or before June 1, 2014 providing an analysis of the impact of such guidelines and specifications on the purchasing, procurement and use of environmentally-sensitive cleaning and maintenance products. Nothing in this section shall preclude these institutions from depleting existing cleaning and maintenance supply stores purchased prior to the effective date of this section.

Section 2.  Effective Date

EXISTING LAW:

None.

JUSTIFICATION:

The U.S. Environmental Protection Agency estimates that exposure to air pollutants while indoors can be two to five times higher than outdoor levels. Senior citizens, who typically spend

substantial portions of the day indoors, are especially vulnerable to chemicals from cleaners, waxes, deodorizers and other maintenance products. Many elderly New Yorkers suffer from chronic obstructive pulmonary disease (copd), including asthma, emphysema, and allergies. This legislation would address this health concern by establishing guidelines for the use of environmentally-sensitive cleaning and maintenance products in nursing homes, residential health care facilities, adult homes and senior centers. These guidelines will mandate a transition to environmentally- sensitive cleaning and maintenance supplies commonly found in the marketplace. The required changes will reduce the possibility of exposure to senior citizens and staff to potentially harmful chemicals found in many cleaning products.

PRIOR LEGISLATIVE HISTORY:

2011:    S.125 - Discharged from Health and Committed to Environmental          Conservation/A.2096 - Referred to Health 2009-10: S.5724 - Referred to Health/A.8534 - Referred to Health

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect on the first of September next succeeding the date on which it shall have become a law, provided that the Commissioner of Health is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement the provisions of this act on or before its effective date.

Text

STATE OF NEW YORK
________________________________________________________________________

125--A

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced by Sens. DIAZ, SAMPSON -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health -- recommitted
  to  the  Committee  on  Environmental  Conservation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section 1. The public health law is amended by adding  a  new  section
2808-e to read as follows:
  S  2808-E.  USE  OF ENVIRONMENTALLY-SENSITIVE CLEANING AND MAINTENANCE
PRODUCTS IN NURSING HOMES. 1. FOR  THE  PURPOSES  OF  THIS  SECTION  THE
FOLLOWING TERMS SHALL MEAN:
  (A)  "NURSING HOME" MEANS A FACILITY PROVIDING THEREIN NURSING CARE TO
SICK, INVALID, INFIRM, DISABLED OR CONVALESCENT PERSONS IN  ADDITION  TO
LODGING  AND  BOARD OR HEALTH-RELATED SERVICE, OR ANY COMBINATION OF THE
FOREGOING,  AND  IN  ADDITION  THERETO,  PROVIDING  NURSING   CARE   AND
HEALTH-RELATED  SERVICE, OR EITHER OF THEM, TO PERSONS WHO ARE NOT OCCU-
PANTS OF THE FACILITY.
  (B) "RESIDENTIAL HEALTH CARE FACILITY"  MEANS  A  NURSING  HOME  OR  A
FACILITY PROVIDING HEALTH-RELATED SERVICE.
  (C) "ADULT HOME" MEANS AN ADULT CARE FACILITY ESTABLISHED AND OPERATED
FOR  THE  PURPOSE  OF PROVIDING LONG-TERM RESIDENTIAL CARE, ROOM, BOARD,
HOUSEKEEPING, PERSONAL CARE, (EITHER DIRECTLY OR INDIRECTLY), AND SUPER-
VISION TO FIVE OR MORE ADULTS UNRELATED TO THE OPERATOR.
  (D) "SENIOR CENTER" MEANS A FACILITY THAT PROVIDES SERVICES TO  SENIOR
CITIZENS  ON A REGULAR BASIS, INCLUDING BUT NOT LIMITED TO MEALS, RECRE-
ATION AND COUNSELING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03240-02-1
S. 125--A                           2

  2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONERS  OF  ENVI-
RONMENTAL  CONSERVATION AND LABOR, SHALL ESTABLISH AND FROM TIME TO TIME
AMEND GUIDELINES AND SPECIFICATIONS FOR ENVIRONMENTALLY-SENSITIVE CLEAN-
ING AND MAINTENANCE PRODUCTS  FOR  USE  IN  NURSING  HOMES,  RESIDENTIAL
HEALTH  CARE FACILITIES, SENIOR CENTERS AND ADULT HOMES. FOR THE PURPOSE
OF DEVELOPING APPROPRIATE CRITERIA FOR SUCH  GUIDELINES  AND  SPECIFICA-
TIONS,  SUCH  COMMISSIONERS  SHALL REVIEW AND EVALUATE EXISTING RESEARCH
REGARDING ENVIRONMENTALLY-SENSITIVE CLEANING AND  MAINTENANCE  PRODUCTS,
INCLUDING BUT NOT LIMITED TO, RESEARCH AND GUIDANCE ISSUED BY THE UNITED
STATES  ENVIRONMENTAL  PROTECTION  AGENCY  AND THE OFFICE OF THE FEDERAL
ENVIRONMENTAL EXECUTIVE.  IN DEVELOPING SUCH GUIDELINES, THE COMMISSION-
ER SHALL PROVIDE PUBLIC NOTICE AND AN  OPPORTUNITY  TO  COMMENT.    SUCH
GUIDELINES  SHALL  BE FOLLOWED BY NURSING HOMES, RESIDENTIAL HEALTH CARE
FACILITIES, SENIOR CENTERS, AND ADULT  HOMES  TO  IDENTIFY  AND  PROCURE
ENVIRONMENTALLY-SENSITIVE  CLEANING  AND  MAINTENANCE PRODUCTS WHICH ARE
AVAILABLE IN THE FORM, FUNCTION AND UTILITY GENERALLY  USED  BY  NURSING
HOMES,  RESIDENTIAL  HEALTH  CARE  FACILITIES, SENIOR CENTERS, AND ADULT
HOMES IN THEIR FACILITIES.
  3. THE COMMISSIONER SHALL DISSEMINATE TO ALL NURSING  HOMES,  RESIDEN-
TIAL  HEALTH CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES GUIDELINES
AND SPECIFICATIONS FOR THE PURCHASE AND USE OF ENVIRONMENTALLY-SENSITIVE
CLEANING AND MAINTENANCE PRODUCTS IN NURSING HOMES,  RESIDENTIAL  HEALTH
CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES FOR USE IN THEIR FACIL-
ITIES.  THE COMMISSIONER SHALL ALSO PREPARE AND DISSEMINATE TO ALL NURS-
ING HOMES, RESIDENTIAL HEALTH CARE FACILITIES, SENIOR CENTERS, AND ADULT
HOMES A SAMPLE LIST OF SUCH ENVIRONMENTALLY-SENSITIVE CLEANING AND MAIN-
TENANCE PRODUCTS THAT  MEET  THESE  GUIDELINES  OR  SPECIFICATIONS.  THE
COMMISSIONER  SHALL  PROVIDE  ASSISTANCE  AND GUIDANCE TO NURSING HOMES,
RESIDENTIAL HEALTH CARE FACILITIES, SENIOR CENTERS, AND ADULT  HOMES  IN
CARRYING  OUT THE REQUIREMENTS OF THIS SECTION.  NURSING HOMES, RESIDEN-
TIAL HEALTH CARE FACILITIES,  SENIOR  CENTERS,  AND  ADULT  HOMES  SHALL
FOLLOW  SUCH  GUIDELINES, SPECIFICATIONS AND SAMPLE LIST WHEN PURCHASING
CLEANING AND MAINTENANCE PRODUCTS FOR USE IN THEIR FACILITIES.
  4. NURSING HOMES, RESIDENTIAL HEALTH CARE FACILITIES, SENIOR  CENTERS,
AND ADULT HOMES SHALL NOTIFY THEIR PERSONNEL OF THE AVAILABILITY OF SUCH
GUIDELINES, SPECIFICATIONS AND SAMPLE LIST.
  5.  ON  OR  BEFORE  JUNE  FIRST, TWO THOUSAND FOURTEEN, THE DEPARTMENT
SHALL ISSUE A REPORT PROVIDING AN ANALYSIS OF THE IMPACT OF SUCH  GUIDE-
LINES AND SPECIFICATIONS ON THE PURCHASING, PROCUREMENT AND USE OF ENVI-
RONMENTALLY-SENSITIVE  CLEANING  AND  MAINTENANCE  PRODUCTS  BY  NURSING
HOMES, RESIDENTIAL HEALTH CARE FACILITIES,  SENIOR  CENTERS,  AND  ADULT
HOMES.    NOTHING IN THIS SECTION SHALL PRECLUDE NURSING HOMES, RESIDEN-
TIAL HEALTH CARE  FACILITIES,  SENIOR  CENTERS,  AND  ADULT  HOMES  FROM
DEPLETING  EXISTING  CLEANING  AND  MAINTENANCE  SUPPLY STORES PURCHASED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
  6. THE COMMISSIONER SHALL  MAINTAIN  AND  MAKE  AVAILABLE  A  LIST  OF
CONTRACTORS  WHICH  PRODUCE OR MANUFACTURE OR OFFER FOR SALE ENVIRONMEN-
TALLY-SENSITIVE CLEANING AND MAINTENANCE PRODUCTS IN THE FORM,  FUNCTION
AND  UTILITY  GENERALLY  USED  BY NURSING HOMES, RESIDENTIAL HEALTH CARE
FACILITIES, SENIOR CENTERS, AND ADULT HOMES.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding  the  date on which it shall have become a law, provided that
the commissioner of health is authorized to promulgate any and all rules
and regulations and take any other measures necessary to  implement  the
provisions of this act on or before its effective date.