NY State Senate Bill 2021-S3905A

Senate Bill S3905A

2021-2022 Legislative Session

Relates to conducting a study on the use of solid antimicrobial materials for touch surfaces in the construction of public buildings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
May 21, 2021	print number 3905a
May 21, 2021	amend (t) and recommit to labor
Feb 01, 2021	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S3905 - Details

See Assembly Version of this Bill:: A998
Current Committee:: Senate Labor
Law Section:: Public Health
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8180, A10267
2023-2024: S3357

2021-S3905 - Summary

Directs the commissioner of health, in consultation with the commissioner of the office of general services, to conduct a study on the use of solid antimicrobial materials for touch surfaces in the construction of public buildings.

2021-S3905 - Sponsor Memo

                                
 
BILL NUMBER: S3905

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring the use of an
antimicrobial copper alloy for touch surfaces in new construction

 
PURPOSE OR GENERAL IDEA OF BILL:

To require the use of an antimicrobial copper alloy that is recognized
by the US environmental Protection Agency for touch surfaces in new,
publicly funded construction projects in order to reduce the presence of
disease-causing bacteria, viruses, and yeasts on commonly used touch
surfaces and therefore protect public health.

 
SUMMARY OF PROVISIONS:

Section 1 would amend the labor law by adding a new section 241-c
requiring the use of an antimicrobial copper alloy for touch surfaces in
new construction as defined by the United States Environmental

Protection Agency

Section 2 provides for an effective date.

 
JUSTIFICATION:

The US Environmental Protection Agency (EPA) has approved the registra-
tion of hundreds of antimicrobial copper alloys. Copper is the first
solid surface material to receive this type of EPA registration, which
is supported by extensive antimicrobial efficacy testing. EPA registra-
tion is based on independent laboratory tests showing that, when cleaned
regularly, copper, brass and bronze kill greater than 99.9% of the
following bacteria within 2 hours of exposure: Methicillin-resistant
Staphylococcus aureus (MRSA), Vancomycin-resistant Enterococcus faecalis
(VRE), Staphylococcus aureus, Enterobacter aerogenes, Pseudomonas aeru-
ginosa, and E. coli 0157:H7, among others. These bacteria are considered
to be representative of the most dangerous pathogens capable of causing
severe and often life-threatening infections. By using approved copper
alloys for touch surfaces including door handles, bathroom fixtures, bed
rails and handrails, we could significantly reduce the spread of
disease-causing organisms.

Studies by the American Society for Microbiology, among others, have
found that copper surfaces were able to rapidly kill bacteria, yeasts
and viruses through "contact killing". In the clinical trials, an 83%
reduction in bacteria was seen on the copper alloy components, when
compared to the surfaces made from standard materials in the control
rooms. Not only does copper kill disease causing organisms, but imple-
menting copper surfaces as a strategy to reduce transmission of viruses
and infections is especially effective because it does not fall victim
to the fallacies of human behavior. Other strategies, such as disinfect-
ing and hand washing, require cooperation on an individual basis, and
therefore lack ideal effectiveness. The use of copper-based surfaces,
however, is a passive measure that requires no human intervention and
its action is continuous rather than episodic.

 
PRIOR LEGISLATIVE HISTORY:

2020: Referred to Labor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S3905 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3905
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to requiring the  use  of  an
   antimicrobial copper alloy for touch surfaces in new construction
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  241-c  to
 read as follows:
   §  241-C.  NEW CONSTRUCTION; SOLID ANTIMICROBIAL COPPER ALLOY.  1. ANY
 PUBLICLY FUNDED CONSTRUCTION SHALL  INCLUDE  TOUCH  SURFACES  MADE  FROM
 SOLID ANTIMICROBIAL COPPER ALLOY.
   2. AS USED IN THIS SECTION:
   A.  "SOLID ANTIMICROBIAL COPPER ALLOY" SHALL MEAN A SOLID COPPER ALLOY
 THAT:
   (I) IS LISTED UNDER  UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY
 REGISTRATION  NUMBER  82012-1,  82012-2,  82012-3,  82012-4, 82012-5, OR
 82012-6, OR IS OTHERWISE IDENTIFIED BY A UNIFIED NUMBERING  SYSTEM  CODE
 IN AN ENVIRONMENTAL PROTECTION AGENCY REGISTRATION;
   (II) HAS A COPPER CONTENT OF NOT LESS THAN SIXTY WEIGHT PERCENT; AND
   (III)  HAS A CONTENT OF NOT MORE THAN ONE-TENTH WEIGHT PERCENT OF EACH
 OF THE FOLLOWING: LEAD, CHROMIUM, AND ARSENIC.
   B. "TOUCH SURFACE" SHALL MEAN ANY SURFACE OR FIXTURE WITHIN A BUILDING
 THAT A PERSON FREQUENTLY COMES  INTO  CONTACT  WITH  INCLUDING  BUT  NOT
 LIMITED  TO:  DOOR  HANDLES, BATHROOM FIXTURES, BED RAILS, HANDRAILS AND
 LIGHT SWITCHES.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02193-01-1

co-Sponsors

2021-S3905A (ACTIVE) - Details

See Assembly Version of this Bill:: A998
Current Committee:: Senate Labor
Law Section:: Public Health
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8180, A10267
2023-2024: S3357

2021-S3905A (ACTIVE) - Summary

2021-S3905A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3905A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act in relation to conducting a study on the use of solid antimicro-
bial materials for touch surfaces in the construction of public build-
ings

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to require the Department of Health
in consultation with the Office of General Services, in order to conduct
a study on the use of solid antimicrobial materials for touch surfaces
in the construction of public buildings in New York.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill defines solid antimicrobial materials and touch
surface as used in this section.

Section 2 authorizes the Department of Health in consultation with the
Office of General Services to conduct a study on the use of solid anti-
microbial materials for touch surfaces in the construction of public
buildings in New York.

Section 3 outlines what specifically this study is intended to examine
and discover, including the identification of different types of solid
antimicrobial materials, including copper and silver, and their effec-
tiveness, the potential costs and cost benefits of the materials, the
feasibility of using these materials for touch surfaces, identification
of frequently touched surfaces that present infection risks, and recom-
mendations for the type or types of antimicrobial materials to be used
for touch surfaces in construction of public buildings.

Section 4 requires the Department of Health to deliver a report of the
findings of the study to the governor, the temporary president of the
senate, and the speaker of the assembly, no later than one year after
the effective date.

Section 5 sets the effective date.

 
JUSTIFICATION:

By using approved antimicrobial materials, including copper and silver,
for touch surfaces including door handles, bathroom fixtures, bed rails
and handrails, we could significantly reduce the spread of disease-caus-
ing organisms. The use of antimicrobial touch surfaces is a strategy to
reduce transmission of viruses and infections which is especially effec-
tive because it does not fall victim to the fallacies of human behavior.
Other strategies, such as disinfecting and hand washing, require cooper-
ation on an individual basis, and therefore lack ideal effectiveness.
The use of antimicrobial touch surfaces, however, is a passive measure
that requires no human intervention and its action is continuous rather
than episodic.

This legislation would enable the legislature to obtain important infor-
mation regarding the use of solid antimicrobial materials for touch
surfaces in the construction of public buildings in New York, in order
to examine whether the use of antimicrobial materials for touch surfaces
presents a feasible and cost-effective method for protecting New York-
ers.

It requires the Department of Health, in consultation with the Office of
General Services, to examine and discover the identification of differ-
ent types of solid antimicrobial materials, their effectiveness, the
potential costs and cost benefits of the materials, the feasibility of
using these materials for touch surfaces, identification of frequently
touched surfaces that present infection risks, and recommendations for
the type or types of antimicrobial materials to be used for touch
surfaces in construction of public buildings.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3905A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3905--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens. KENNEDY, GRIFFO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT in relation to conducting a study on the use of solid  antimicro-
   bial materials for touch surfaces in the construction of public build-
   ings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act,  the  following  terms  shall
 have the following meanings:
   (a)  "Solid  antimicrobial materials" means solid products or surfaces
 that kill or slow  the  spread  of  microorganisms  including  bacteria,
 viruses, protozoans and fungi.
   (b)  "Touch  surface"  means  any surface or fixture within a building
 that a person frequently comes into  contact  with,  including  but  not
 limited  to:   door handles, bathroom fixtures, bed rails, handrails and
 light switches.
   § 2. The commissioner of health, in consultation with the commissioner
 of the office of general services, shall conduct a study on the  use  of
 solid  antimicrobial materials for touch surfaces in the construction of
 public buildings in this state.
   § 3. The study shall include, but shall not be limited to, the follow-
 ing information:
   (a) identification of different types of solid  antimicrobial  materi-
 als,  including but not limited to silver and copper, and the effective-
 ness of each such  material  in  reducing  the  spread  of  disease  and
 infection;
   (b)  the  potential  costs,  including the potential cost benefits, if
 any, associated with the use of solid antimicrobial materials for  touch
 surfaces;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02193-03-1

 S. 3905--A                          2
 
   (c)  the  feasibility of using solid antimicrobial materials for touch
 surfaces, including an analysis of the market availability of such mate-
 rials;
   (d)  identification  of frequently touched surfaces that could present
 an infection risk; and
   (e) recommendations for the type or types of solid antimicrobial mate-
 rials to be used for touch surfaces in the construction of public build-
 ings in this state.
   § 4. The commissioner of health shall submit such study to the  gover-
 nor,  the  temporary  president  of  the  senate, and the speaker of the
 assembly within one year after the effective date of this act.
   § 5. This act shall take effect immediately.

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Senate Bill S3905A

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

Joseph A. Griffo

2021-S3905 - Details

2021-S3905 - Summary

2021-S3905 - Sponsor Memo

2021-S3905 - Bill Text download pdf

co-Sponsors

Joseph A. Griffo

Thomas F. O'Mara

2021-S3905A (ACTIVE) - Details

2021-S3905A (ACTIVE) - Summary

2021-S3905A (ACTIVE) - Sponsor Memo

2021-S3905A (ACTIVE) - Bill Text download pdf

Comments