Provides for the protection of the air quality at day care centers licensed by the state and head start day care centers funded pursuant to federal law

1 Co-sponsor

• Bill Perkins

BILL NUMBER:S7282

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 or general idea of the bill

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 populations; 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 subdivisions 5, 6 and 7. 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 populations; and construction techniques to eliminate exposure to lead, radon and other toxic contaminants.

Requires that any currently licensed day care 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 Conservation 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 Children and Families.

Section 5. Effective date.

Existing law

There is currently no statutory requirements which would prohibit the location of day care centers near to existing and known sources of environmental hazards. Nor are there any standards for building specifications that ensure that indoor air quality is healthful, or that exposure to pests, lead, radon and other environmental health hazards are eliminated or reduced as much as possible.

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 accomplished 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 chemicals, and possibly cause irreparable harm to health. It is critically important that exposure to these hazards be eliminated or reduced as much as possible.

Legislative history

5/21/03 Passed Assembly (A392) 3/08/04 Passed Assembly 2005-06 A.5177 Passed assembly 2007-08 A8838 passed assembly 2009-10 A1742 passed assembly 2011-12 A3764 Health

Fiscal implications

None.

Effective date

The law takes effect 60 days after it becomes law.