ASSEMBLY, No. 1652
STATE OF NEW JERSEY
INTRODUCED MARCH 4, 1996
By Assemblyman STUHLTRAGER
An Act concerning the use or storage of certain hazardous substances in public schools, private schools, and child care centers and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Child care center" means a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.);
"Hazardous substance" means any substance, or substance in a mixture, included on the hazardous substance list developed by the Department of Health pursuant to the "Worker and Community Right to Know Act," P.L.1983, c.315 (C.34:5A-1 et seq.).
"Hazardous substance" shall not include:
(1) Any article containing a hazardous substance if the hazardous substance is present in a solid form which does not pose any acute or chronic health hazard to any person exposed to it;
(2) Any hazardous substance constituting less than one percent of a mixture unless the hazardous substance is present in an aggregate amount of 500 pounds or more in a container in a public or private school or child care center building;
(3) Any hazardous substance which is a special health hazardous substance constituting less than the threshold percentage established by the Department of Health pursuant to P.L.1983, c.315 (C.34:5A-1 et seq.), for that special health hazard substance when present in a mixture;
(4) Any hazardous substance present in the same form and concentration as a product packaged for distribution and use by consumers and which is not a product intended primarily for commercial use;
(5) Any fuel in a motor vehicle;
(6) Tobacco or tobacco products;
(7) Wood or wood products;
(8) Foods, drugs, or cosmetics;
(9) Hazardous substances which are an integral part of a building's structure or furnishings;
(10) Products which are personal property and are intended for personal use; and
(11) Any substance used in the routine maintenance of a public or private school or child care center building, any substance used in a classroom science laboratory, and any substance used in the normal operation of the classrooms or administrative offices of a public or private school or child care center;
"Hazardous substance fact sheet" means the hazardous substance fact sheets prepared by the Department of Health pursuant to the "Worker and Community Right to Know Act," P.L.1983, c.315 (C.35:5A-1 et seq.);
"Public school or private school" have the same meaning as set forth in N.J.S.18A:1-1.
2. a. No person shall use or store, or cause or allow the use or storage of, any hazardous substance in or on any building used as a public school, a private school, or child care center at any time when children are expected to be present in the building.
b. Any person who uses or stores, or causes or allows the use or storage of, any hazardous substance in or on any building used as a public school, a private school, or child care center when children are not expected to be present in the building, shall ensure that adequate ventilation is used in the building to prevent exposure to the hazardous substance by children when children are expected to return to the building.
3. The Board of Education in the case of any public school, or the person having responsibility for the operation of any private school or child care center, shall send a written notice to a parent or guardian of each child attending the school or child care center prior to the use or storage of any hazardous substance in the school or child care center building. The notice shall be delivered to a parent or guardian at least two days prior to the use or storage of the hazardous substance at the building. The notice, shall not be required to be sent in those instances where children are not expected to be in the school or child care center building within 24 hours after the use or storage of the hazardous substance. The notice shall specify the name of the hazardous substance to be used or stored, the location of the intended use or storage, and the date of the last anticipated use or storage. The notice shall also state that a hazardous substance fact sheet for each hazardous substance to be used or stored will be made available upon request, at no charge, by the Board of Education in the case of a public school, or person having responsibility for the operation of any private school or child care center, as appropriate.
4. The Department of Health shall enforce the provisions of this act. Whenever, on the basis of information available, the Commissioner of Health finds that a person has violated any of the provisions of this act, the commissioner may bring an action in a court of competent jurisdiction to impose a civil penalty for that violation. Any person who violates any provision of this act shall be subject, upon order of a court, to a civil penalty not to exceed $2,500 for each day during which the violation continues. Any penalty imposed pursuant to this section may be collected, and any costs incurred in connection therewith may be recovered, in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.). The Superior Court shall have jurisdiction to enforce "the penalty enforcement law."
5. The Department of Health shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations necessary to implement the provisions of this act.
6. This act shall take effect 180 days following enactment.
STATEMENT
This bill is intended to protect children from exposure to potentially dangerous chemicals that may be used in schools or at child care centers. While there are laws that protect adults from chemical exposure in the workplace, there are no federal or State laws designed to protect children from such exposure in schools or child care centers. Rather than attempt to set complicated limits for the safe exposure by children for every possible substance, this bill prohibits circumstances that may lead to any exposure by children and ensures that parents and guardians are made aware of any potential for exposure.
Specifically, this bill would prohibit the use or storage of certain hazardous substances in schools and child care centers when children are present. This bill would also require that proper ventilation be employed when hazardous substances are used or stored in a school or center so as to avoid exposure of the substances to children when they return to the school or center. If a hazardous substance is to be used or stored when children are not present, but children are expected to be present within 24 hours of the use or storage, a notice would be required to be sent to a parent or guardian of each child indicating the substance to be used, the location of the use or storage, the time of the last use or storage, and stating the availability of hazardous substance fact sheets.
The bill provides that the Department of Health would enforce its provisions by bringing an action in Superior Court to impose civil penalties. A penalty may be imposed for up to $2,500 per day for each day the violation continues. The department is also authorized to issue implementing regulations.
This bill incorporates the existing list of hazardous substances created by the Department of Health pursuant to the "Worker and Community Right to Know Act" as the basis for the substances that cannot be used or stored in a school or center. Certain exemptions are provided from the list so that the use of commonly used substances by science laboratories, school offices and classrooms, cafeterias, and maintenance workers would not be subject to the act's provisions. The bill uses the hazardous substance fact sheets, created pursuant the "Worker and Community Right to Know Act" as the basis for the information to be given parents and guardians. By using existing definitions and standards, the bill avoids unnecessary duplication of administrative effort and cost.
Prohibits use or storage of certain hazardous substances in schools and child care centers when children are present.