What's happening
This bill sets stricter environmental health and air quality standards for day care centers, including location restrictions and improved ventilation requirements.
Why it matters
Protects children from environmental hazards. by prohibiting new or renewed licenses for day care centers located near known sites of pollution, hazardous waste, or other toxic contaminants, aiming to reduce children's exposure to health risks linked to their environment.
Establishes cross-agency oversight and responsibility. by requiring the Office of Children and Family Services to consult with both the Department of Environmental Conservation and the Department of Health before approving day care center locations, ensuring multiple layers of review for environmental safety.
Mandates modern ventilation and construction standards. for both new and existing day care facilities, requiring upgrades to HVAC systems, air quality protections, and pest-resistant designs, which could improve respiratory health and overall well-being for children and staff.
Requires ongoing hazard monitoring and responsive action. by compelling state agencies to share updated environmental hazard data annually and respond rapidly if new hazards are identified near day care centers, thereby supporting continuous protection and swift remediation without penalizing the day care provider.
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Who cares
Headline styles
Protect Daycare Center Air
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Recommit, enacting clause stricken
- Referred to social services
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
82
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services
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 Assembly, do enact as follows:
Section 1. Legislative intent. The legislature finds and declares that it shall be the policy of the state of New York to provide every child with an environmentally safe and healthy learning environment in which to grow, learn and mature into productive and healthy adults. To ensure that day care facilities provide this setting for our children, the legislature finds that standards for day care facilities must be protective of children's environmental health and safety. Children are uniquely vulnerable to and may be severely affected by exposure to chemicals, hazardous wastes and other environmental hazards, which affect their learning abilities as well as create chemical-based responses and sensitivities. It is the purpose of this legislation to reduce as much as possible such exposures for children and day care facility staff.
§ 2. Section 390-a of the social services law is amended by adding three new subdivisions 6, 7 and 8 to read as follows:
6. (a) No license shall be issued or renewed for a child day care center as defined in section three hundred ninety of this title, or a head start day care center funded pursuant to title V of the federal economic opportunity act of nineteen hundred sixty-four, as amended, if the building or its outdoor recreational area would be adversely impacted due to its proximity to existing and known environmental hazards, including industrial facilities, combustion facilities, inactive hazardous waste sites, hazardous substance sites, municipal or 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.
LBD05552-01-9
S. 82 2
radon, lead, chlorinated hydrocarbons and other toxic contaminants as determined by the departments of environmental conservation and health.
(b) The commissioner of children and family services shall consult with the commissioners of environmental conservation and health prior to the approval of any new site for a child day care center or head start day care center to ensure that such facility or its outdoor recreational area will not be adversely impacted due to its proximity to any existing and known environmental or environmental health hazards.
7. (a) No license shall be issued to a new child day care center or new head start day care center unless the building shall provide for the following where applicable: heating, ventilation and air conditioning systems that meet currently accepted industry ventilation standards; placement of air intake vents so as to maximize healthful indoor air quality; design practices that minimize ingress of and conditions favorable to pest populations; construction techniques and ventilation systems designed to eliminate radon levels in indoor air; and other measures necessary to maintain healthful, safe and comfortable conditions therein.
(b) Child day care centers or head start day care centers which are licensed prior to the effective date of this subdivision and which do not meet the requirements of paragraph (a) of this subdivision, shall meet such requirements within one year from the renewal date of their license, otherwise such license shall not be renewed.
8. In the event that any new environmental or environmental health hazard is identified due to its proximity to a child day care center or head start day care center, the office of children and family services shall request the department of health to evaluate the impact of such hazard on the child day care center or head start day care center, and if the new environmental or environmental health hazard is found to have an impact, the department of health shall require such facility creating such new environmental or environmental health hazard to remediate the hazard within ninety days without any adverse action upon the license or license renewal of the child day care center or head start day care center.
§ 3. The environmental conservation law is amended by adding a new section 3-0320 to read as follows: § 3-0320. Information for the office of children and family services.
Pursuant to subdivision six of section three hundred ninety-a of the social services law the department shall annually provide all necessary information to the office of children and family services regarding existing and known locations of existing and known environmental hazards, including industrial facilities, combustion facilities, inactive hazardous waste sites, hazardous substance sites, municipal or commercial landfills, and other environmental health hazards such as radon, lead, chlorinated hydrocarbons and other toxic contaminants as determined by the department and the department of health. Whenever the office of children and family services requests such information from the department, such information shall be provided within thirty days of receipt of such request.
§ 4. The public health law is amended by adding a new section 201-a to read as follows:
§ 201-a. Information for the office of children and family services. Pursuant to subdivision six of section three hundred ninety-a of the social services law, the department shall annually provide all necessary information to the office of children and family services regarding existing and known locations of environmental health hazards such as
S. 82 3
radon, lead, chlorinated hydrocarbons and other toxic contaminants. Whenever the office of children and family services requests such information from the department, such information shall be provided within thirty days of receipt of such request.
§ 5. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, the environ- mental 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 contam- inants.
Summary of provisions
Section 1 Legislative intent
Section 2. Amends section 390-a of the Social Services law adding three new subdivisions 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 environ- mental health hazards, including dry cleaning operations using perchlo- roethylene 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 venti- lation and air, heating and cooling systems protective of healthful indoor air quality; design practices to minimize pest population; 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 Envi- ronmental Conservation and Health to provide information to the Office of Children and Families as to existing and known sources of environ- mental 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 envi- ronmental hazards. Nor are there any standards for building specifica- tions that ensure that indoor air quality is healthful, or that exposure to pests, lead, radon and other environmental health hazards are elimi- nated 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 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.
Legislative history
2018/2018- S.1103 (Alcantara)
Fiscal implications
None.
Effective date
The law takes effect 90 days after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.