BILL NUMBER: S3685
SPONSOR: COMRIE
 
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 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 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 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.
 
PRIOR LEGISLATIVE HISTORY:
2003-04 A392 Passed Assembly
2005-06 A5177 Passed assembly
2007-08 A8838 passed assembly
2009-10 A1742 passed assembly
2011-12 A3764 Health
2017-18 A2831 ordered to third reading cal.227
2022: 55549
2024: S2486 Comrie/ A4875 Clark
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S3685: 390-a social services law