Bill Text: NY A05476 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2022-01-05 - referred to children and families [A05476 Detail]
Download: New_York-2021-A05476-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5476 2021-2022 Regular Sessions IN ASSEMBLY February 19, 2021 ___________ Introduced by M. of A. ENGLEBRIGHT, J. RIVERA, LUPARDO, GOTTFRIED, COLTON, GALEF, OTIS, DE LA ROSA, L. ROSENTHAL, SOLAGES, GLICK -- Multi-Sponsored by -- M. of A. CUSICK, GUNTHER, PERRY, THIELE -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07848-01-1A. 5476 2 1 commercial landfills, and other environmental health hazards such as 2 radon, lead, chlorinated hydrocarbons and other toxic contaminants as 3 determined by the departments of environmental conservation and health. 4 (b) The commissioner of children and family services shall consult 5 with the commissioners of environmental conservation and health prior to 6 the approval of any new site for a child day care center or head start 7 day care center to ensure that such facility or its outdoor recreational 8 area will not be adversely impacted due to its proximity to any existing 9 and known environmental or environmental health hazards. 10 7. (a) No license shall be issued to a new child day care center or 11 new head start day care center unless the building shall provide for the 12 following where applicable: heating, ventilation and air conditioning 13 systems that meet currently accepted industry ventilation standards; 14 placement of air intake vents so as to maximize healthful indoor air 15 quality; design practices that minimize ingress of and conditions favor- 16 able to pest populations; construction techniques and ventilation 17 systems designed to eliminate radon levels in indoor air; and other 18 measures necessary to maintain healthful, safe and comfortable condi- 19 tions therein. 20 (b) Child day care centers or head start day care centers which are 21 licensed prior to the effective date of this subdivision and which do 22 not meet the requirements of paragraph (a) of this subdivision, shall 23 meet such requirements within one year from the renewal date of their 24 license, otherwise such license shall not be renewed. 25 8. In the event that any new environmental or environmental health 26 hazard is identified due to its proximity to a child day care center or 27 head start day care center, the office of children and family services 28 shall request the department of health to evaluate the impact of such 29 hazard on the child day care center or head start day care center, and 30 if the new environmental or environmental health hazard is found to have 31 an impact, the department of health shall require such facility creating 32 such new environmental or environmental health hazard to remediate the 33 hazard within ninety days without any adverse action upon the license or 34 license renewal of the child day care center or head start day care 35 center. 36 § 3. The environmental conservation law is amended by adding a new 37 section 3-0320 to read as follows: 38 § 3-0320. Information for the office of children and family services. 39 Pursuant to subdivision six of section three hundred ninety-a of the 40 social services law the department shall annually provide all necessary 41 information to the office of children and family services regarding 42 existing and known locations of existing and known environmental 43 hazards, including industrial facilities, combustion facilities, inac- 44 tive hazardous waste sites, hazardous substance sites, municipal or 45 commercial landfills, and other environmental health hazards such as 46 radon, lead, chlorinated hydrocarbons and other toxic contaminants as 47 determined by the department and the department of health. Whenever the 48 office of children and family services requests such information from 49 the department, such information shall be provided within thirty days of 50 receipt of such request. 51 § 4. The public health law is amended by adding a new section 201-a to 52 read as follows: 53 § 201-a. Information for the office of children and family services. 54 Pursuant to subdivision six of section three hundred ninety-a of the 55 social services law, the department shall annually provide all necessary 56 information to the office of children and family services regardingA. 5476 3 1 existing and known locations of environmental health hazards such as 2 radon, lead, chlorinated hydrocarbons and other toxic contaminants. 3 Whenever the office of children and family services requests such infor- 4 mation from the department, such information shall be provided within 5 thirty days of receipt of such request. 6 § 5. This act shall take effect on the ninetieth day after it shall 7 have become a law.
