A02096 Summary:

BILL NOA02096A
 
SAME ASSAME AS S00125-A
 
SPONSORGibson
 
COSPNSRRivera N, Barron, Espinal, Castro, Crespo, Robinson, Schimel, Jaffee, Weprin
 
MLTSPNSRArroyo, Aubry, Boyland, Cook, Gabryszak, Perry, Rivera P
 
Add S2808-e, Pub Health L
 
Relates to the use of environmentally sensitive cleaning and maintenance products in nursing homes, residential care facilities, senior centers and adult homes; requires commissioner to establish certain guidelines and criteria for the use of such products.
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A02096 Actions:

BILL NOA02096A
 
01/13/2011referred to health
01/04/2012referred to health
01/09/2012amend and recommit to health
01/09/2012print number 2096a
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A02096 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2096A
 
SPONSOR: Gibson
  TITLE OF BILL: An act to amend the public health law, in relation to the use of environmentally-sensitive cleaning and maintenance products in nursing homes, residential care facilities and adult homes   PURPOSE OR GENERAL IDEA OF BILL: To establish guidelines for the use of environmentally-sensitive cleaning and maintenance products in nurs- ing homes, residential health care facilities; adult homes and senior centers.   SUMMARY OF SPECIFIC PROVISIONS: Section 1.Amends the Public Health Law by adding a new section 2808-e. Defines the following terms: nursing home, residential health care facility, adult home and senior center. Provides that the Commissioner, in consultation with the Commissioners of Environmental Conservation and Labor, shall establish and from time to amend guidelines and specifica- tions for environmentally-sensitive cleaning and maintenance products. Requires the Commissioners to review and evaluate existing research regarding environmentally-sensitive cleaning and maintenance products, including but not limited to, research and guidance issued by the United States EPA and the office of the Federal Environmental Executive. Requires the Commissioner to disseminate guidelines and specifications for the purchase and use of environmentally-sensitive cleaning and main- tenance products and to prepare and disseminate a sample list of envi- ronmentally-sensitive cleaning products that meet these guidelines or specifications. Requires the Department to issue a report on or before June 1, 2014 providing an analysis of the impact of such guidelines and specifications on the purchasing, procurement and use of environmental- ly-sensitive cleaning and maintenance products. Nothing in this section shall preclude these institutions from depleting existing cleaning and maintenance supply stores purchased prior to the effective date of this section. Section 2.Effective Date   EXISTING LAW: None   JUSTIFICATION: The U.S. Environmental Protection Agency estimates that exposure to air pollutants while indoors can be two to five times higher than outdoor levels. Senior citizens, who typically spend substantial portions of the day indoors, are especially vulnerable to chemicals from cleaners, waxes, deodorizers and other maintenance products. Many elderly New Yorkers suffer from chronic obstructive pulmonary disease (coed), including asthma, emphysema, and allergies. This legislation would address this health concern by establishing guidelines for the use of environmentally-sensitive cleaning and mainte- nance products in nursing homes, residential health care facilities, adult homes and senior centers. These guidelines will mandate a transi- tion to environmentally- sensitive cleaning and maintenance supplies commonly found in the marketplace. The required changes will reduce the possibility of exposure to senior citizens and staff to potentially harmful chemicals found in many cleaning products.   PRIOR LEGISLATIVE HISTORY: 2011 S.125 - Discharged from Health and Committed to Environmental Conservation/A. 2096 - Referred to Health 2009-2010 S.5724 - Referred to Health/A.8534 - Referred to Health   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the first of September next succeeding the date on which it shall have become a law, provided that the Commissioner of Health is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement the provisions of this act on or before its effective date.
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A02096 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2096--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2011
                                       ___________
 
        Introduced  by  M. of A. GIBSON, N. RIVERA, BARRON -- Multi-Sponsored by
          -- M. of A.  AUBRY, BOYLAND, GABRYSZAK, P. RIVERA  --  read  once  and
          referred to the Committee on Health -- recommitted to the Committee on
          Health  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted

          to said committee
 
        AN ACT to amend the public health law, in relation to the use  of  envi-
          ronmentally-sensitive  cleaning  and  maintenance  products in nursing
          homes, residential care facilities and adult homes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  2808-e to read as follows:
     3    § 2808-e. Use of environmentally-sensitive  cleaning  and  maintenance
     4  products  in  nursing  homes.  1.  For  the purposes of this section the
     5  following terms shall mean:
     6    (a) "Nursing home" means a facility providing therein nursing care  to
     7  sick,  invalid,  infirm, disabled or convalescent persons in addition to

     8  lodging and board or health-related service, or any combination  of  the
     9  foregoing,  and  in addition thereto, providing nursing care and health-
    10  related service, or either of them, to persons who are not occupants  of
    11  the facility.
    12    (b)  "Residential  health  care  facility"  means  a nursing home or a
    13  facility providing health-related service.
    14    (c) "Adult home" means an adult care facility established and operated
    15  for the purpose of providing long-term residential  care,  room,  board,
    16  housekeeping, personal care, (either directly or indirectly), and super-
    17  vision to five or more adults unrelated to the operator.
    18    (d)  "Senior center" means a facility that provides services to senior

    19  citizens on a regular basis, including but not limited to meals,  recre-
    20  ation and counseling.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03240-03-1

        A. 2096--A                          2
 
     1    2.  The  commissioner, in consultation with the commissioners of envi-
     2  ronmental conservation and labor, shall establish and from time to  time
     3  amend guidelines and specifications for environmentally-sensitive clean-
     4  ing  and  maintenance  products  for  use  in nursing homes, residential
     5  health  care facilities, senior centers and adult homes. For the purpose

     6  of developing appropriate criteria for such  guidelines  and  specifica-
     7  tions,  such  commissioners  shall review and evaluate existing research
     8  regarding environmentally-sensitive cleaning and  maintenance  products,
     9  including but not limited to, research and guidance issued by the United
    10  States  environmental  protection  agency  and the office of the federal
    11  environmental executive.  In developing such guidelines, the commission-
    12  er shall provide public notice and an  opportunity  to  comment.    Such
    13  guidelines  shall  be followed by nursing homes, residential health care
    14  facilities, senior centers, and adult  homes  to  identify  and  procure
    15  environmentally-sensitive  cleaning  and  maintenance products which are

    16  available in the form, function and utility generally  used  by  nursing
    17  homes,  residential  health  care  facilities, senior centers, and adult
    18  homes in their facilities.
    19    3. The commissioner shall disseminate to all nursing  homes,  residen-
    20  tial  health care facilities, senior centers, and adult homes guidelines
    21  and specifications for the purchase and use of environmentally-sensitive
    22  cleaning and maintenance products in nursing homes,  residential  health
    23  care facilities, senior centers, and adult homes for use in their facil-
    24  ities.  The commissioner shall also prepare and disseminate to all nurs-
    25  ing homes, residential health care facilities, senior centers, and adult
    26  homes a sample list of such environmentally-sensitive cleaning and main-

    27  tenance products that  meet  these  guidelines  or  specifications.  The
    28  commissioner  shall  provide  assistance  and guidance to nursing homes,
    29  residential health care facilities, senior centers, and adult  homes  in
    30  carrying  out the requirements of this section.  Nursing homes, residen-
    31  tial health care facilities,  senior  centers,  and  adult  homes  shall
    32  follow  such  guidelines, specifications and sample list when purchasing
    33  cleaning and maintenance products for use in their facilities.
    34    4. Nursing homes, residential health care facilities, senior  centers,
    35  and adult homes shall notify their personnel of the availability of such
    36  guidelines, specifications and sample list.

    37    5.  On  or  before  June  first, two thousand fourteen, the department
    38  shall issue a report providing an analysis of the impact of such  guide-
    39  lines and specifications on the purchasing, procurement and use of envi-
    40  ronmentally-sensitive  cleaning  and  maintenance  products  by  nursing
    41  homes, residential health care facilities,  senior  centers,  and  adult
    42  homes.    Nothing in this section shall preclude nursing homes, residen-
    43  tial health care  facilities,  senior  centers,  and  adult  homes  from
    44  depleting  existing  cleaning  and  maintenance  supply stores purchased
    45  prior to the effective date of this section.
    46    6. The commissioner shall  maintain  and  make  available  a  list  of

    47  contractors  which  produce or manufacture or offer for sale environmen-
    48  tally-sensitive cleaning and maintenance products in the form,  function
    49  and  utility  generally  used  by nursing homes, residential health care
    50  facilities, senior centers, and adult homes.
    51    § 2. This act shall  take  effect  on  the  first  of  September  next
    52  succeeding  the  date on which it shall have become a law, provided that
    53  the commissioner of health is authorized to promulgate any and all rules
    54  and regulations and take any other measures necessary to  implement  the
    55  provisions of this act on or before its effective date.
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