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A00624 Summary:

BILL NO    A00624 

SAME AS    SAME AS S00866

SPONSOR    Gibson (MS)

COSPNSR    Crespo, Schimel, Jaffee

MLTSPNSR   Cook, Perry

Add S2808-e, Pub Health L

Relates to the use of environmentally sensitive cleaning and maintenance
products in nursing homes, residential care facilities, senior centers and
adult homes; requires commissioner to establish certain guidelines and criteria
for the use of such products.
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A00624 Actions:

BILL NO    A00624 

01/09/2013 referred to health
12/06/2013 enacting clause stricken
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A00624 Votes:

There are no votes for this bill in this legislative session.
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A00624 Memo:

BILL NUMBER:A624

TITLE  OF BILL:  An act to amend the public health law, in relation to
the use of environmentally-sensitive cleaning and maintenance products
in nursing homes, residential care facilities and adult homes

PURPOSE OR GENERAL IDEA OF BILL:  To establish guidelines for the  use
of  environmentally-sensitive  cleaning  and  maintenance  products in
nursing homes, residential health care  facilities;  adult  homes  and
senior centers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1.Amends the Public Health Law by adding a new section 2808-e.
Defines  the  following  terms:  nursing home, residential health care
facility,  adult  home  and   senior   center.   Provides   that   the
Commissioner,  in consultation with the Commissioners of Environmental
Conservation and  Labor,  shall  establish  and  from  time  to  amend
guidelines  and  specifications for environmentally-sensitive cleaning
and maintenance products. Requires the  Commissioners  to  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 EPA and the office
of the Federal Environmental Executive. Requires the  Commissioner  to
disseminate  guidelines and specifications for the purchase and use of
environmentally-sensitive cleaning and  maintenance  products  and  to
prepare  and  disseminate  a  sample list of environmentally-sensitive
cleaning  products  that  meet  these  guidelines  or  specifications.
Requires  the  Department  to issue a report on or before June 1, 2014
providing  an  analysis  of  the  impact  of   such   guidelines   and
specifications   on   the   purchasing,   procurement   and   use   of
environmentally-sensitive cleaning and maintenance  products.  Nothing
in  this  section  shall  preclude  these  institutions from depleting
existing cleaning and maintenance supply stores purchased prior to the
effective date of this section.

Section 2.Effective Date

EXISTING LAW:  None

JUSTIFICATION:   The U.S. Environmental  Protection  Agency  estimates
that exposure to air pollutants while indoors can be two to five times
higher  than  outdoor  levels.  Senior  citizens,  who typically spend
substantial portions of the day indoors, are especially vulnerable  to
chemicals  from  cleaners,  waxes,  deodorizers  and other maintenance
products.  Many elderly New Yorkers suffer  from  chronic  obstructive
pulmonary  disease (coed), including asthma, emphysema, and allergies.
This legislation would address this  health  concern  by  establishing
guidelines  for  the  use  of  environmentally-sensitive  cleaning and
maintenance  products  in  nursing  homes,  residential  health   care
facilities,  adult  homes  and  senior  centers. These guidelines will
mandate  a  transition  to  environmentally-  sensitive  cleaning  and
maintenance  supplies  commonly found in the marketplace. The required
changes will reduce the possibility of exposure to senior citizens and
staff  to  potentially  harmful  chemicals  found  in  many   cleaning
products.


PRIOR LEGISLATIVE HISTORY:

2009-10: A.8534 Referred to Health/S.5724 - Referred to Health
2011-12:  A. 2096 - Referred to Health/ S.125 - Discharged from Health
and Committed to Environmental Conservation

FISCAL IMPLICATIONS:  Undetermined.

EFFECTIVE DATE:  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.
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A00624 Text:

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

                                          624

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of A. GIBSON, CRESPO, SCHIMEL, JAFFEE -- Multi-Spon-
         sored by -- M. of A.  COOK, PERRY -- read once  and  referred  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:

    1    Section 1. The public health law is amended by adding  a  new  section
    2  2808-e to read as follows:
    3    S  2808-E.  USE  OF ENVIRONMENTALLY-SENSITIVE CLEANING AND MAINTENANCE
    4  PRODUCTS IN NURSING HOMES. 1. FOR  THE  PURPOSES  OF  THIS  SECTION  THE
    5  FOLLOWING TERMS SHALL MEAN:
    6    (A)  "NURSING HOME" MEANS A FACILITY PROVIDING THEREIN NURSING CARE TO
    7  SICK, INVALID, INFIRM, DISABLED OR CONVALESCENT PERSONS IN  ADDITION  TO
    8  LODGING  AND  BOARD OR HEALTH-RELATED SERVICE, OR ANY COMBINATION OF THE
    9  FOREGOING,  AND  IN  ADDITION  THERETO,  PROVIDING  NURSING   CARE   AND
   10  HEALTH-RELATED  SERVICE, OR EITHER OF THEM, TO PERSONS WHO ARE NOT OCCU-
   11  PANTS OF THE FACILITY.
   12    (B) "RESIDENTIAL HEALTH CARE FACILITY"  MEANS  A  NURSING  HOME  OR  A
   13  FACILITY PROVIDING HEALTH-RELATED SERVICE.
   14    (C) "ADULT HOME" MEANS AN ADULT CARE FACILITY ESTABLISHED AND OPERATED
   15  FOR  THE  PURPOSE  OF PROVIDING LONG-TERM RESIDENTIAL CARE, ROOM, BOARD,
   16  HOUSEKEEPING, PERSONAL CARE, (EITHER DIRECTLY OR INDIRECTLY), AND SUPER-
   17  VISION TO FIVE OR MORE ADULTS UNRELATED TO THE OPERATOR.
   18    (D) "SENIOR CENTER" MEANS A FACILITY THAT PROVIDES SERVICES TO  SENIOR
   19  CITIZENS  ON A REGULAR BASIS, INCLUDING BUT NOT LIMITED TO MEALS, RECRE-
   20  ATION AND COUNSELING.
   21    2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONERS  OF  ENVI-
   22  RONMENTAL  CONSERVATION AND LABOR, SHALL ESTABLISH AND FROM TIME TO TIME

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00447-01-3
       A. 624                              2

    1  AMEND GUIDELINES AND SPECIFICATIONS FOR ENVIRONMENTALLY-SENSITIVE CLEAN-
    2  ING AND MAINTENANCE PRODUCTS  FOR  USE  IN  NURSING  HOMES,  RESIDENTIAL
    3  HEALTH  CARE FACILITIES, SENIOR CENTERS AND ADULT HOMES. FOR THE PURPOSE
    4  OF  DEVELOPING  APPROPRIATE  CRITERIA FOR SUCH GUIDELINES AND SPECIFICA-
    5  TIONS, SUCH COMMISSIONERS SHALL REVIEW AND  EVALUATE  EXISTING  RESEARCH
    6  REGARDING  ENVIRONMENTALLY-SENSITIVE  CLEANING AND MAINTENANCE PRODUCTS,
    7  INCLUDING BUT NOT LIMITED TO, RESEARCH AND GUIDANCE ISSUED BY THE UNITED
    8  STATES ENVIRONMENTAL PROTECTION AGENCY AND THE  OFFICE  OF  THE  FEDERAL
    9  ENVIRONMENTAL EXECUTIVE.  IN DEVELOPING SUCH GUIDELINES, THE COMMISSION-
   10  ER  SHALL  PROVIDE  PUBLIC  NOTICE  AND AN OPPORTUNITY TO COMMENT.  SUCH
   11  GUIDELINES SHALL BE FOLLOWED BY NURSING HOMES, RESIDENTIAL  HEALTH  CARE
   12  FACILITIES,  SENIOR  CENTERS,  AND  ADULT  HOMES TO IDENTIFY AND PROCURE
   13  ENVIRONMENTALLY-SENSITIVE CLEANING AND MAINTENANCE  PRODUCTS  WHICH  ARE
   14  AVAILABLE  IN  THE  FORM, FUNCTION AND UTILITY GENERALLY USED BY NURSING
   15  HOMES, RESIDENTIAL HEALTH CARE FACILITIES,  SENIOR  CENTERS,  AND  ADULT
   16  HOMES IN THEIR FACILITIES.
   17    3.  THE  COMMISSIONER SHALL DISSEMINATE TO ALL NURSING HOMES, RESIDEN-
   18  TIAL HEALTH CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES  GUIDELINES
   19  AND SPECIFICATIONS FOR THE PURCHASE AND USE OF ENVIRONMENTALLY-SENSITIVE
   20  CLEANING  AND  MAINTENANCE PRODUCTS IN NURSING HOMES, RESIDENTIAL HEALTH
   21  CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES FOR USE IN THEIR FACIL-
   22  ITIES. THE COMMISSIONER SHALL ALSO PREPARE AND DISSEMINATE TO ALL  NURS-
   23  ING HOMES, RESIDENTIAL HEALTH CARE FACILITIES, SENIOR CENTERS, AND ADULT
   24  HOMES A SAMPLE LIST OF SUCH ENVIRONMENTALLY-SENSITIVE CLEANING AND MAIN-
   25  TENANCE  PRODUCTS  THAT  MEET  THESE  GUIDELINES  OR SPECIFICATIONS. THE
   26  COMMISSIONER SHALL PROVIDE ASSISTANCE AND  GUIDANCE  TO  NURSING  HOMES,
   27  RESIDENTIAL  HEALTH  CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES IN
   28  CARRYING OUT THE REQUIREMENTS OF THIS SECTION.  NURSING HOMES,  RESIDEN-
   29  TIAL  HEALTH  CARE  FACILITIES,  SENIOR  CENTERS,  AND ADULT HOMES SHALL
   30  FOLLOW SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST  WHEN  PURCHASING
   31  CLEANING AND MAINTENANCE PRODUCTS FOR USE IN THEIR FACILITIES.
   32    4.  NURSING HOMES, RESIDENTIAL HEALTH CARE FACILITIES, SENIOR CENTERS,
   33  AND ADULT HOMES SHALL NOTIFY THEIR PERSONNEL OF THE AVAILABILITY OF SUCH
   34  GUIDELINES, SPECIFICATIONS AND SAMPLE LIST.
   35    5. ON OR BEFORE JUNE FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT SHALL
   36  ISSUE A REPORT PROVIDING AN ANALYSIS OF THE IMPACT  OF  SUCH  GUIDELINES
   37  AND SPECIFICATIONS ON THE PURCHASING, PROCUREMENT AND USE OF ENVIRONMEN-
   38  TALLY-SENSITIVE  CLEANING  AND  MAINTENANCE  PRODUCTS  BY NURSING HOMES,
   39  RESIDENTIAL HEALTH CARE FACILITIES, SENIOR  CENTERS,  AND  ADULT  HOMES.
   40  NOTHING IN THIS SECTION SHALL PRECLUDE NURSING HOMES, RESIDENTIAL HEALTH
   41  CARE FACILITIES, SENIOR CENTERS, AND ADULT HOMES FROM DEPLETING EXISTING
   42  CLEANING  AND MAINTENANCE SUPPLY STORES PURCHASED PRIOR TO THE EFFECTIVE
   43  DATE OF THIS SECTION.
   44    6. THE COMMISSIONER SHALL  MAINTAIN  AND  MAKE  AVAILABLE  A  LIST  OF
   45  CONTRACTORS  WHICH  PRODUCE OR MANUFACTURE OR OFFER FOR SALE ENVIRONMEN-
   46  TALLY-SENSITIVE CLEANING AND MAINTENANCE PRODUCTS IN THE FORM,  FUNCTION
   47  AND  UTILITY  GENERALLY  USED  BY NURSING HOMES, RESIDENTIAL HEALTH CARE
   48  FACILITIES, SENIOR CENTERS, AND ADULT HOMES.
   49    S 2. This act shall  take  effect  on  the  first  of  September  next
   50  succeeding  the  date on which it shall have become a law, provided that
   51  the commissioner of health is authorized to promulgate any and all rules
   52  and regulations and take any other measures necessary to  implement  the
   53  provisions of this act on or before its effective date.
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