Amd 390-a, Soc Serv L; add 3-0320, En Con L; add 201-a, Pub Health L
Provides for the protection of the air quality at licensed day care centers and head start day care centers funded pursuant to federal law; requires the office of children and family services to consult with the commissioners of environmental conservation and health regarding the air quality and environmental hazards that may be involved with any new day care center or head start day care center; requires such office to consult with the department of health if any new environmental or environmental health hazard arises.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4875
SPONSOR: Clark TITLE OF BILL:
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
PURPOSE:
To ensure that child care daycare. centers and Head Start daycare
centers are not exposed to hazardous or toxic environmental pollutants
due to their proximity to hazardous sources; that specifications for
indoor air ventilation systems are protective of healthful indoor air
quality; that design techniques minimize the ingress of pest popu-
lations; and that construction techniques eliminate lead, radon and
other toxic contaminants.
SUMMARY OF PROVISIONS:
Section 1
Legislative intent
Section 2
Amends section 390-a of the Social Services law adding three new subdi-
visions 6, 7 and 8. Prohibits the Commissioner of the Office of Children
and Family Services to issue a license to any child care daycare center
or Head Start day care center if it would be adversely impacted due to
its proximity to existing and known sources of environmental health
hazards, including dry cleaning operations using perchloroethylene on
their premises except in certain cases.
It also requires that the issuance of daycare licenses be contingent
upon conditions affecting the buildings indoor air quality, including:
proper ventilation and air, heating and cooling systems protective of
healthful indoor air quality; design practices to minimize pest popu-
lation; and construction techniques to eliminate exposure to lead, radon
and other toxic contaminants. Requires that any currently licensed
daycare center that does not meet the requirements outlined in this
subdivision, must meet these requirements within one year of the renewal
date of the license.
Sections 3 and 4
requires the Commissioners of the Departments of Environmental Conserva-
tion and Health to provide information to the Office of Children and
Families as to existing and known sources of environmental hazards on an
annual basis and as requested by the Commissioner of the Office of Chil-
dren and Families.
Section 5
Effective date
JUSTIFICATION:
This legislation is intended to ensure that day care centers are safe
and healthy environments; and to avoid problems such as occurred in the
Town of Guilderland where children were exposed to harmful levels of
perchioroethylene from a dry cleaner that had laundering operations on
the same premises as the day care center. These protections are accom-
plished by ensuring that the building's location, construction and
design will eliminate or minimize exposure to harmful environmental
pollutants. Children may be severely impaired by exposure to pollutants
emitted from hazardous areas, and from exposures to pesticides, lead,
radon, and other toxic contaminants in the environment. These pollutants
can impair their learning abilities, induce sensitive reactions to chem-
icals, and possibly cause irreparable harm to health. It is critically
important that exposure to these hazards be eliminated. or reduced as
much as possible.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.5476 (Englebright) - Referred to Children &Families
2019-20: A.4635 (Englebright) - Referred to Children &Families
2017-18: A.2831 (Englebright) - Ordered to Third Reading
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
4875
2023-2024 Regular Sessions
IN ASSEMBLY
February 24, 2023
___________
Introduced by M. of A. CLARK -- read once and referred 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:
1 Section 1. Legislative intent. The legislature finds and declares that
2 it shall be the policy of the state of New York to provide every child
3 with an environmentally safe and healthy learning environment in which
4 to grow, learn and mature into productive and healthy adults. To ensure
5 that day care facilities provide this setting for our children, the
6 legislature finds that standards for day care facilities must be protec-
7 tive of children's environmental health and safety. Children are unique-
8 ly vulnerable to and may be severely affected by exposure to chemicals,
9 hazardous wastes and other environmental hazards, which affect their
10 learning abilities as well as create chemical-based responses and sensi-
11 tivities. It is the purpose of this legislation to reduce as much as
12 possible such exposures for children and day care facility staff.
13 § 2. Section 390-a of the social services law is amended by adding
14 three new subdivisions 6, 7 and 8 to read as follows:
15 6. (a) No license shall be issued or renewed for a child day care
16 center as defined in section three hundred ninety of this title, or a
17 head start day care center funded pursuant to title V of the federal
18 economic opportunity act of nineteen hundred sixty-four, as amended, if
19 the building or its outdoor recreational area would be adversely
20 impacted due to its proximity to existing and known environmental
21 hazards, including industrial facilities, combustion facilities, inac-
22 tive hazardous waste sites, hazardous substance sites, municipal or
23 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.
LBD04242-01-3
A. 4875 2
1 radon, lead, chlorinated hydrocarbons and other toxic contaminants as
2 determined by the departments of environmental conservation and health.
3 (b) The commissioner of children and family services shall consult
4 with the commissioners of environmental conservation and health prior to
5 the approval of any new site for a child day care center or head start
6 day care center to ensure that such facility or its outdoor recreational
7 area will not be adversely impacted due to its proximity to any existing
8 and known environmental or environmental health hazards.
9 7. (a) No license shall be issued to a new child day care center or
10 new head start day care center unless the building shall provide for the
11 following where applicable: heating, ventilation and air conditioning
12 systems that meet currently accepted industry ventilation standards;
13 placement of air intake vents so as to maximize healthful indoor air
14 quality; design practices that minimize ingress of and conditions favor-
15 able to pest populations; construction techniques and ventilation
16 systems designed to eliminate radon levels in indoor air; and other
17 measures necessary to maintain healthful, safe and comfortable condi-
18 tions therein.
19 (b) Child day care centers or head start day care centers which are
20 licensed prior to the effective date of this subdivision and which do
21 not meet the requirements of paragraph (a) of this subdivision, shall
22 meet such requirements within one year from the renewal date of their
23 license, otherwise such license shall not be renewed.
24 8. In the event that any new environmental or environmental health
25 hazard is identified due to its proximity to a child day care center or
26 head start day care center, the office of children and family services
27 shall request the department of health to evaluate the impact of such
28 hazard on the child day care center or head start day care center, and
29 if the new environmental or environmental health hazard is found to have
30 an impact, the department of health shall require such facility creating
31 such new environmental or environmental health hazard to remediate the
32 hazard within ninety days without any adverse action upon the license or
33 license renewal of the child day care center or head start day care
34 center.
35 § 3. The environmental conservation law is amended by adding a new
36 section 3-0320 to read as follows:
37 § 3-0320. Information for the office of children and family services.
38 Pursuant to subdivision six of section three hundred ninety-a of the
39 social services law the department shall annually provide all necessary
40 information to the office of children and family services regarding
41 existing and known locations of existing and known environmental
42 hazards, including industrial facilities, combustion facilities, inac-
43 tive hazardous waste sites, hazardous substance sites, municipal or
44 commercial landfills, and other environmental health hazards such as
45 radon, lead, chlorinated hydrocarbons and other toxic contaminants as
46 determined by the department and the department of health. Whenever the
47 office of children and family services requests such information from
48 the department, such information shall be provided within thirty days of
49 receipt of such request.
50 § 4. The public health law is amended by adding a new section 201-a to
51 read as follows:
52 § 201-a. Information for the office of children and family services.
53 Pursuant to subdivision six of section three hundred ninety-a of the
54 social services law, the department shall annually provide all necessary
55 information to the office of children and family services regarding
56 existing and known locations of environmental health hazards such as
A. 4875 3
1 radon, lead, chlorinated hydrocarbons and other toxic contaminants.
2 Whenever the office of children and family services requests such infor-
3 mation from the department, such information shall be provided within
4 thirty days of receipt of such request.
5 § 5. This act shall take effect on the ninetieth day after it shall
6 have become a law.
