[First Reprint]

SENATE, No. 246

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senators ZANE, Casey, Adler and McGreevey

 

 

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 1, including any substance used in the heating or cooling of the school or child care center1;

    "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 1[(C.35:5A-1 et seq.)] (C.34:5A-1 et seq.);1

    "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 1[or store, or cause]1 or allow the use 1[or storage]1 of 1[,]1 any hazardous substance in or on any building 1or grounds1 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. 1The provisions of this subsection shall not apply when an emergency condition, as deemed by 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, necessitates the use of a hazardous substance when children are present.1

    b. Any person who uses or stores, or causes or allows the use or storage of any hazardous substance in or on any building 1or grounds1 used as a public school, a private school, or child care center 1[when children are not expected to be present in the building,]1 shall ensure that 1[ 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] the use or storage of that hazardous substance is in compliance with the exposure standards adopted by the Department of Health pursuant to section 5 of P.L. , c. (C.      )(now before the Legislature as this bill)1.

 

    3. 1a.1 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 1[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 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.] post on a bulletin board located in the public or private school or child care center a notice of any construction or other activity to take place at that school or child care center that will involve the use of a hazardous substance. The notice shall state the activity to be conducted and the hazardous substances to be used. The notice shall be posted at least two days prior to the construction or other activity except where an emergency condition, as deemed by 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, prevents the two day notice in which case the notice shall be posted as soon as practicable.

    b. 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 make available to any person who requests it, the hazardous substance fact sheet for any hazardous substance being stored on site or that is being used in or on the school or center building or grounds during any construction or other activity.

    c. 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, at least once per year, send a notice to a parent or guardian of each child attending the school or child care center, which notice may be contained in the school's or center's annual handbook, stating that notice of any construction or other activities involving the use of any hazardous substances will be posted on a bulletin board in the school or child care center, that hazardous substances may be stored at the school or child care center at various times throughout the year, and that hazardous substance fact sheets for any of the hazardous substances being used or stored are available at the school or child care center.1

 

    4. The 1[Department of Health] local health agency for the jurisdiction in which the public or private school or child care center is located1 shall enforce the provisions of this act. Whenever, on the basis of information available, 1[the Commissioner of Health] a local health agency1 finds that a person has violated any of the provisions of 1[this act]P.L. ,c. (C. )(now before the Legislature as this bill)1, the 1[commissioner] local health agency1 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 Health1, in consultation with the Departments of Education and Environmental Protection, and within 180 days of the enactment of P.L. , c. (C. )(now before the Legislature as this bill),1 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. 1These regulations shall contain exposure standards for the use or storage of hazardous substances in public and private schools and in child care centers. The exposure standards shall consist of ventilation requirements, use and access limitation restrictions, and any other measure designed to prevent any exposure by children to a hazardous substance to be used in a public or private school or in a child care center or to ensure that any such exposure is at levels deemed safe by the Department of Health. The exposure standards shall take into account the ages of the children expected to be in or on the building or grounds, the location and types of hazardous substance being used or stored, the anticipated use of the buildings or grounds at the time the hazardous substances will be used or stored, and any other factor the Department of Health deems relevant to the safe use or storage of hazardous substances in a public or private school or child care center.1

 

    6. This act shall take effect 180 days following enactment.

 

 

                                

 

Prohibits use or storage of certain hazardous substances, except in emergent situations, in schools and child care centers when children are present.