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:

  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

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

                                                           LBD04837-01-9

A. 1670                             2

THE CONSTRUCTION OF SUCH HOSPITAL TAKEN INTO CONSIDERATION THE PROXIMITY
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 3-0319 to read as follows:
S 3-0319. 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.