ASSEMBLY HEALTH COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1652

with committee amendments

STATE OF NEW JERSEY

DATED: DECEMBER 15, 1997

      The Assembly Health Committee reports favorably and with committee amendments Assembly Bill No. 1652.

      As amended by the committee, 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.

      Specifically, this bill prohibits the use of any hazardous substance in or on any building or grounds used as a public school, private school or child care center at any time when children are present. However, this provision would not apply if an emergency condition necessitates the use of a hazardous substance when children are present.

      Any person who uses or stores, or causes or allows the use or storage of any hazardous substance in or on any building or grounds used as a public school, private school or child care center shall ensure that the use or storage of that substance is in compliance with the regulations adopted by the Department of Health and Senior Services pursuant to the provisions of this bill.

      The Board of Education or the chief school administrator in the case of a public school, or the person responsible for the operation of a private school or child care center, is required to post on a bulletin board located in the school or child care center, a notice of any construction or other activity to take place that would involve the use of a hazardous substance. The notice shall include the type of activity and the hazardous substances to be used. Posting shall occur at least two days prior to the construction or other activity, except in an emergency condition. In such cases, the notice shall be posted as soon as practicable.

      Upon request, the Board of Education or the chief school administrator in the case of a public school, or the person having responsibility for the operation of any private school or child care center, shall make available the hazardous substance fact sheets for any hazardous substance being used or stored on site. In addition, an annual notice shall be sent to a parent or guardian of any child attending the school or child care center, which may be contained in the school's or center's annual handbook, advising that notices will be posted on a bulletin board in the school or child care center, that hazardous substances may be stored at various times throughout the year, and that hazardous substance fact sheets are available at the school or child care center.

      The bill provides that local health agencies would enforce the bill's 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.

      This bill incorporates the existing list of hazardous substances created by the Department of Health and Senior Services 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 substances used in the routine maintenance of schools or centers or their grounds, substances used by science laboratories or school offices and classrooms, substances used in a school occupational training facility, including laboratories and shops, and substances used in the heating or cooling of the school or child care center would not be subject to the bill's provisions. The bill uses the hazardous substance fact sheets created pursuant to 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.

      The bill directs the Department of Health and Senior Services, in consultation with the Departments of Education, Human Services and Environment, to adopt regulations necessary to implement the bill's provisions which are consistent with federal and State indoor air quality standards and standards governing the exposure of children to hazardous substances as they are adopted by the federal government.       The committee adopted amendments to:

∙    include the grounds of a school within the provisions of the bill;

∙    exempt from the definition of "hazardous substance" in section 1 of the bill, any substance used in the routine maintenance of the grounds, as well as the buildings, of a school or child care center, and any substance used in a school occupational training facility, including laboratories and shops;

∙    provide that the chief administrator of a public school, in lieu of the board of education, may deem that an emergency condition necessitates the use of a hazardous substance when children are present, and may also be responsible for posting a notice, making information available to anyone who requests it, and informing the parent or guardian of each child, regarding hazardous substances which may be used or stored at the school;

∙    provide an exemption from the prohibition on the use of any hazardous substances when children are present, if an emergency condition necessitates the use of a hazardous substance when children are present;

∙    provide that any person who uses or stores hazardous substances shall ensure that the use or storage is in compliance with regulations adopted by the Department of Health and Senior Services;

∙    modify the notification procedures to require a posting on a bulletin board in the school or child care center advising of construction or other activities that will involve the use of a hazardous substance;

∙    notify parents annually of the posting requirement and of the availability of hazardous substance fact sheets, and that hazardous substances may be stored at various times throughout the year;

∙    change enforcement responsibility from the Department of Health and Senior Services to local health agencies;

∙    provide that the hazardous substance fact sheet be provided to parents or guardians by the local health agency rather than the Board of Education;

∙    include substances used in heating or cooling of the school or child care center on the list of exemptions to a hazardous substance;

∙    require the Department of Health and Senior Services, in consultation with the Departments of Education, Human Services and Environment, to adopt regulations necessary to implement the provisions of this bill which are consistent with federal and State indoor air quality standards and standards governing the exposure of children to hazardous substances as they are adopted by the federal government; and

∙    reflect the statutory citation for the "Worker and Community Right to Know Act" and update references to the "Department of Health" as the "Department of Health and Senior Services."

      As reported by the committee, this bill is identical to Senate Bill No. 246 (1R) Aca (Zane), which the committee also reported favorably on this date.