Senate Bill S5376

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5376
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, the environmental  conservation
   law  and  the  public health law, in relation to the protection of air
   quality for day care centers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 it  shall  be the policy of the state of New York to provide every child
 with an environmentally safe and healthy learning environment  in  which
 to  grow, learn and mature into productive and healthy adults. To ensure
 that day care facilities provide this  setting  for  our  children,  the
 legislature finds that standards for day care facilities must be protec-
 tive of children's environmental health and safety. Children are unique-
 ly  vulnerable to and may be severely affected by exposure to chemicals,
 hazardous wastes and other environmental  hazards,  which  affect  their
 learning abilities as well as create chemical-based responses and sensi-
 tivities.  It  is  the  purpose of this legislation to reduce as much as
 possible such exposures for children and day care facility staff.
   § 2. Section 390-a of the social services law  is  amended  by  adding
 three new subdivisions 6, 7 and 8 to read as follows:
   6.  (A)  NO  LICENSE  SHALL  BE ISSUED OR RENEWED FOR 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
 ECONOMIC OPPORTUNITY ACT OF NINETEEN HUNDRED SIXTY-FOUR, AS AMENDED,  IF
 THE  BUILDING  OR  ITS  OUTDOOR  RECREATIONAL  AREA  WOULD  BE ADVERSELY
 IMPACTED DUE TO  ITS  PROXIMITY  TO  EXISTING  AND  KNOWN  ENVIRONMENTAL
 HAZARDS,  INCLUDING  INDUSTRIAL FACILITIES, COMBUSTION FACILITIES, INAC-
 TIVE HAZARDOUS WASTE SITES,  HAZARDOUS  SUBSTANCE  SITES,  MUNICIPAL  OR
 COMMERCIAL  LANDFILLS,  AND  OTHER  ENVIRONMENTAL HEALTH HAZARDS SUCH AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05552-01-9
              

 S. 5376                             2
 
 RADON, LEAD, CHLORINATED HYDROCARBONS AND OTHER  TOXIC  CONTAMINANTS  AS
 DETERMINED BY THE DEPARTMENTS OF ENVIRONMENTAL CONSERVATION AND HEALTH.
   (B)  THE  COMMISSIONER  OF  CHILDREN AND FAMILY SERVICES SHALL CONSULT
 WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVATION AND HEALTH PRIOR TO
 THE APPROVAL OF ANY NEW SITE FOR A CHILD DAY CARE CENTER OR  HEAD  START
 DAY CARE CENTER TO ENSURE THAT SUCH FACILITY OR ITS OUTDOOR RECREATIONAL
 AREA WILL NOT BE ADVERSELY IMPACTED DUE TO ITS PROXIMITY TO ANY EXISTING
 AND KNOWN ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARDS.
   7.  (A)  NO  LICENSE SHALL BE ISSUED TO A NEW CHILD DAY CARE CENTER OR
 NEW HEAD START DAY CARE CENTER UNLESS THE BUILDING SHALL PROVIDE FOR THE
 FOLLOWING WHERE APPLICABLE: HEATING, VENTILATION  AND  AIR  CONDITIONING
 SYSTEMS  THAT  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 FAVOR-
 ABLE  TO  PEST  POPULATIONS;  CONSTRUCTION  TECHNIQUES  AND  VENTILATION
 SYSTEMS DESIGNED TO ELIMINATE RADON LEVELS  IN  INDOOR  AIR;  AND  OTHER
 MEASURES  NECESSARY  TO  MAINTAIN HEALTHFUL, SAFE AND COMFORTABLE CONDI-
 TIONS THEREIN.
   (B) CHILD DAY CARE CENTERS OR HEAD START DAY CARE  CENTERS  WHICH  ARE
 LICENSED  PRIOR  TO  THE EFFECTIVE DATE OF THIS SUBDIVISION AND WHICH DO
 NOT MEET THE REQUIREMENTS OF PARAGRAPH (A) OF  THIS  SUBDIVISION,  SHALL
 MEET  SUCH  REQUIREMENTS  WITHIN ONE YEAR FROM THE RENEWAL DATE OF THEIR
 LICENSE, OTHERWISE SUCH LICENSE SHALL NOT BE RENEWED.
   8.  IN THE EVENT THAT ANY NEW ENVIRONMENTAL  OR  ENVIRONMENTAL  HEALTH
 HAZARD  IS IDENTIFIED DUE TO ITS PROXIMITY TO A CHILD DAY CARE CENTER OR
 HEAD START DAY CARE CENTER, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES
 SHALL  REQUEST  THE  DEPARTMENT OF HEALTH TO EVALUATE THE IMPACT OF SUCH
 HAZARD ON THE CHILD DAY CARE CENTER OR HEAD START DAY CARE  CENTER,  AND
 IF THE NEW ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARD IS FOUND TO HAVE
 AN IMPACT, THE DEPARTMENT OF HEALTH SHALL REQUIRE SUCH FACILITY CREATING
 SUCH  NEW  ENVIRONMENTAL OR ENVIRONMENTAL HEALTH HAZARD TO REMEDIATE THE
 HAZARD WITHIN NINETY DAYS WITHOUT ANY ADVERSE ACTION UPON THE LICENSE OR
 LICENSE RENEWAL OF THE CHILD DAY CARE CENTER  OR  HEAD  START  DAY  CARE
 CENTER.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 3-0320 to read as follows:
 § 3-0320. INFORMATION FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   PURSUANT TO SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-A  OF  THE
 SOCIAL  SERVICES LAW THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECESSARY
 INFORMATION TO THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  REGARDING
 EXISTING  AND  KNOWN  LOCATIONS  OF  EXISTING  AND  KNOWN  ENVIRONMENTAL
 HAZARDS, INCLUDING INDUSTRIAL FACILITIES, COMBUSTION  FACILITIES,  INAC-
 TIVE  HAZARDOUS  WASTE  SITES,  HAZARDOUS  SUBSTANCE SITES, MUNICIPAL OR
 COMMERCIAL LANDFILLS, AND OTHER ENVIRONMENTAL  HEALTH  HAZARDS  SUCH  AS
 RADON,  LEAD,  CHLORINATED  HYDROCARBONS AND OTHER TOXIC CONTAMINANTS AS
 DETERMINED BY THE DEPARTMENT AND THE DEPARTMENT OF HEALTH. WHENEVER  THE
 OFFICE  OF  CHILDREN  AND FAMILY SERVICES REQUESTS SUCH INFORMATION FROM
 THE DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS OF
 RECEIPT OF SUCH REQUEST.
   § 4. The public health law is amended by adding a new section 201-a to
 read as follows:
   § 201-A. INFORMATION FOR THE OFFICE OF CHILDREN AND  FAMILY  SERVICES.
 PURSUANT  TO  SUBDIVISION  SIX  OF SECTION THREE HUNDRED NINETY-A OF THE
 SOCIAL SERVICES LAW, THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECESSARY
 INFORMATION TO THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  REGARDING
 EXISTING  AND  KNOWN  LOCATIONS  OF ENVIRONMENTAL HEALTH HAZARDS SUCH AS

 S. 5376                             3

 RADON, LEAD, CHLORINATED  HYDROCARBONS  AND  OTHER  TOXIC  CONTAMINANTS.
 WHENEVER THE OFFICE OF CHILDREN AND FAMILY SERVICES REQUESTS SUCH INFOR-
 MATION  FROM  THE  DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN
 THIRTY DAYS OF RECEIPT OF SUCH REQUEST.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.