Rivera N, Barron, Espinal, Castro, Crespo, Robinson, Schimel, Jaffee, Weprin
 
MLTSPNSR
Arroyo, 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.
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.
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.