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.
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.
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.
