Senate Bill S5724

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

                                  5724

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 1, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee 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:

  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11890-02-9
              

S. 5724                             2

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 ELEVEN, THE DEPARTMENT  SHALL
ISSUE  A  REPORT  PROVIDING AN ANALYSIS OF THE IMPACT OF SUCH GUIDELINES
AND SPECIFICATIONS ON THE PURCHASING, PROCUREMENT AND USE OF ENVIRONMEN-
TALLY-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, RESIDENTIAL 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.