S T A T E   O F   N E W   Y O R K
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                                  1698

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, KOON, JACOBS, J. RIVERA, SWEENEY,
  ROBINSON, PHEFFER, COLTON, ERRIGO, KAVANAGH,  SCHIMEL  --  Multi-Spon-
  sored  by -- M.  of A. ARROYO, GALEF, KELLNER, McENENY, ORTIZ, PAULIN,
  PERRY -- read once and referred to the Committee on Children and Fami-
  lies

AN ACT to amend the social services law, in relation to child day  care;
  and  to amend the environmental conservation law, in relation to inte-
  grated pest management procedures in child day care settings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature hereby finds that
young children, including those in day care and head start centers,  are
at  a  disproportionate  risk to environmental hazards such as pesticide
exposure. Due to their smaller body size, developing organ  systems  and
predilection for hand-to-mouth behaviors, they are exposed to and absorb
more  toxic  substances  per pound of body weight than adults. Therefore
the legislature finds that special protective measures, like  integrated
pest management programs, are necessary.
  S  2.  Subdivision  3  of section 390-a of the social services law, as
added by chapter 416 of the laws of 2000, paragraph (b)  as  amended  by
chapter 552 of the laws of 2003, is amended to read as follows:
  3.  (a)  The  office  of children and family services shall promulgate
regulations  requiring  operators,  program  directors,  employees   and
assistants  of  family  day  care  homes,  group  family day care homes,
school-age child care programs and child day  care  centers  to  receive
[thirty]  THIRTY-TWO hours of training every two years; provided, howev-
er, that [fifteen] SIXTEEN hours of such training must be received with-
in the first six  months  of  the  initial  licensure,  registration  or
employment. Such training requirements shall also apply to any volunteer
in  such  day  care homes, programs or centers who has the potential for
regular and substantial contact with children. The  [thirty]  THIRTY-TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD05106-01-9
              

A. 1698                             2

hours of training required during the first biennial cycle after initial
licensure  or  registration  shall  include  training  received while an
application for licensure or  registration  pursuant  to  section  three
hundred  ninety  of  this  title  is pending. The office of children and
family services may provide this training through purchase of services.
  (b) The training required in paragraph (a) of this  subdivision  shall
address the following topics:
  (i) principles of childhood development, focusing on the developmental
stages of the age groups for which the program provides care;
  (ii) nutrition and health needs of infants and children;
  (iii) child day care program development;
  (iv) safety and security procedures;
  (v) business record maintenance and management;
  (vi) child abuse and maltreatment identification and prevention;
  (vii) statutes and regulations pertaining to child day care;
  (viii)   statutes  and  regulations  pertaining  to  child  abuse  and
maltreatment; [and]
  (ix) education and information on the  identification,  diagnosis  and
prevention of shaken baby syndrome[.]; AND
  (X)  ENVIRONMENTAL  HEALTH  AND  SAFETY MEASURES, INCLUDING INTEGRATED
PEST MANAGEMENT PROCEDURES AS DEFINED IN SUBDIVISION  FIFTY  OF  SECTION
33-0101  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND OTHER METHODS FOR
LIMITING EXPOSURE TO TOXIC SUBSTANCES.
  (c) For the [thirty] THIRTY-TWO hours of  biennial  training  required
after the initial period of licensure or registration, each provider who
can  demonstrate basic competency shall determine in which of the speci-
fied topics he or she needs further study, based on the provider's expe-
rience and the needs of the children in the provider's care.
  (d) Family day care home and group  family  day  care  home  operators
shall  obtain training pertaining to protection of the health and safety
of children, as required by regulation,  prior  to  the  issuance  of  a
license or registration by the office of children and family services.
  (e)  Upon  request  by the office of children and family services, the
child day care applicant or provider shall submit  documentation  demon-
strating compliance with the training requirements of this section.
  S  3.  Section  390-a  of the social services law is amended by adding
four new subdivisions 5, 6, 7 and 8 to read as follows:
  5. ALL PROVIDERS OF 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 OPPORTUNITY  ACT  OF  NINETEEN
HUNDRED  SIXTY-FOUR,  AS  AMENDED,  ARE REQUIRED TO HAVE INTEGRATED PEST
MANAGEMENT PLANS WHICH HAVE BEEN DEVELOPED WITH PUBLIC INPUT. SUCH PLANS
MUST BE COMPLETED WITHIN  SIX  MONTHS  OF  COMPLETION  OF  THE  TRAINING
REQUIREMENTS  SET  FORTH  IN  PARAGRAPH (B) OF SUBDIVISION THREE OF THIS
SECTION. SUCH PLANS SHALL UTILIZE INTEGRATED PEST MANAGEMENT  TECHNIQUES
TO MANAGE AND CONTROL PESTS AND PROBLEMS AS DEFINED IN SUBDIVISION FIFTY
OF SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. THE INTEGRATED
PEST MANAGEMENT PLANS SHALL INCLUDE A PROVISION FOR PUBLIC ACCESS TO ALL
INFORMATION  ABOUT THE IMPLEMENTATION OF THE PLANS. SUCH PROVIDERS SHALL
BE PROHIBITED FROM CONDUCTING OR HAVING CONDUCTED PESTICIDE APPLICATIONS
TO CHILD DAY CARE CENTERS AND HEAD START  DAY  CARE  CENTERS  WHICH  ARE
PREVENTIVE  IN  NATURE  AND  DO NOT RESPOND TO EXISTING, VERIFIABLE PEST
PROBLEMS.
  6. PROVIDERS OF A CHILD DAY CARE CENTER  OR  A  HEAD  START  DAY  CARE
CENTER  SHALL  BE  RESPONSIBLE FOR PROVIDING AN ANNUAL EVALUATION OF THE
IMPLEMENTATION OF THEIR INTEGRATED PEST MANAGEMENT PLANS TO THE  PARENTS

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OF THE CHILDREN ATTENDING SUCH CENTER. SUCH PROVIDERS SHALL BE RESPONSI-
BLE  FOR  UPDATING  THEIR  INTEGRATED  PEST MANAGEMENT PLANS EVERY THREE
YEARS. SUCH INFORMATION SHALL BE PUBLICLY AVAILABLE.
  7.  IN  ALL  LICENSED  CHILD  DAY CARE CENTERS AND HEAD START DAY CARE
CENTERS ALL PESTICIDE APPLICATIONS SHALL BE  CONDUCTED  BY  A  CERTIFIED
COMMERCIAL  APPLICATOR.  PESTICIDE APPLICATIONS BY PERSONS WORKING UNDER
THE DIRECT SUPERVISION OF A  CERTIFIED  PESTICIDE  APPLICATOR  SHALL  BE
PROHIBITED.
  8.  WHEN  PESTICIDES  ARE  TO BE APPLIED TO A CHILD DAY CARE CENTER OR
HEAD START DAY CARE  CENTER  GROUNDS,  TURF,  TREES  OR  SHRUBS,  VISUAL
NOTIFICATION  MARKERS,  AS  PROVIDED  IN SECTION 33-1003 OF THE ENVIRON-
MENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY FEET  WITH
AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
  S  4. Section 33-0101 of the environmental conservation law is amended
by adding a new subdivision 50 to read as follows:
  50. "INTEGRATED PEST MANAGEMENT" AND "(IPM)"  MEAN  A  DECISION-MAKING
PROCESS  FOR  PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETERMINE
IF AND WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,
BIOLOGICAL AND EDUCATIONAL PRACTICES TO CONTROL CONDITIONS THAT  PROMOTE
PEST  INFESTATIONS  AND  TO KEEP PEST POPULATIONS AT TOLERABLE DAMAGE OR
ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES LEAST-TOXIC PESTI-
CIDE CONTROLS. THE OVERALL GOAL OF IPM IS TO ELIMINATE  THE  UNNECESSARY
USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
  S  5.  This act shall take effect on the first of June next succeeding
the date on which it shall have become a law.