S T A T E O F N E W Y O R K
________________________________________________________________________
3851
2011-2012 Regular Sessions
I N A S S E M B L Y
January 28, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Children and Families
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 and subparagraph (ix) of paragraph (b)
as amended by chapter 117 of the laws of 2010, 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
hours of training required during the first biennial cycle after initial
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05281-01-1
A. 3851 2
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) for operators, program directors, employees and assistants of
family day care homes, group family day care homes and child day care
centers, 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 6, 7, 8 and 9 to read as follows:
6. 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.
7. PROVIDERS OF A CHILD DAY CARE CENTER OR A HEAD START DAY CARE
CENTER SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALUATION OF THE
A. 3851 3
IMPLEMENTATION OF THEIR INTEGRATED PEST MANAGEMENT PLANS TO THE PARENTS
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.
8. 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.
9. 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.