PRINTER'S NO. 1184
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1129
Session of
2023
INTRODUCED BY GREEN, MADDEN, HILL-EVANS, SANCHEZ, BURGOS,
KINSEY, KENYATTA, KHAN, PARKER, GALLOWAY, N. NELSON, NEILSON,
OTTEN, HOWARD AND FLEMING, MAY 5, 2023
REFERRED TO COMMITTEE ON HEALTH, MAY 5, 2023
AN ACT
Requiring indoor contamination assessment certifications and
environmental quality certifications of child day-care
centers; providing for powers and duties of the Department of
Health, the Department of Environmental Protection and the
Department of Human Services; establishing the Child Day-Care
Center Grant Program; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Child Day-
Care Center Protection Act.
Section 2. Legislative findings.
The General Assembly finds and declares as follows:
(1) The indoor and outdoor environmental quality of
child day-care centers can adversely affect children's
academic performance and increase risk of both short-term and
long-term health problems.
(2) Child day-care centers are often operated
independently, while public schools are frequently part of a
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school district with centralized facilities management.
(3) The Commonwealth has a responsibility to ensure that
child day-care centers, specifically those which are housed
in facilities constructed prior to 1979 or facilities that
have been previously utilized for an industrial or other
high-hazard purpose, are safe for our children.
(4) The Commonwealth must take steps to protect the
health and safety of our most vulnerable residents by
requiring indoor contamination assessment certifications and
environmental quality certifications of child day-care
centers.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child day care." Child care in lieu of parental care given
for part of the 24-hour day to a child under 16 years of age,
away from the child's home. The term does not include child day
care furnished in places of worship during religious services.
"Child day-care center." A premises operated for profit in
which child day care is provided simultaneously for seven or
more children who are not relatives of the operator, except
centers operated under social service auspices.
"Department." The Department of Health of the Commonwealth.
"Hazardous substance." An element, compound or material
which is any of the following:
(1) Regulated as a hazardous air pollutant under section
6.6 of the act of January 8, 1960 (1959 P.L.2119, No.787),
known as the Air Pollution Control Act.
(2) Defined as hazardous waste under section 103 of the
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act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act.
(3) Regulated under the act of December 7, 1990
(P.L.639, No.165), known as the Hazardous Material Emergency
Planning and Response Act.
"High-hazard business." A business utilizing hazardous
substances, including:
(1) Nail salons.
(2) Dry cleaning facilities.
(3) Gasoline stations.
(4) Funeral homes.
Section 4. Child day-care center requirements.
The following apply:
(1) A person seeking licensure to operate a child day-
care center in this Commonwealth shall do the following prior
to being licensed as a child day-care center under Article X
of the act of June 13, 1967 (P.L.31, No.21), known as the
Human Services Code:
(i) Obtain written certification from the
municipality in which the proposed child day-care center
will be located indicating whether the building,
structure or property was previously utilized or occupied
by a high-hazard business.
(ii) Obtain an indoor contamination assessment
certification from the department if the certification
under subparagraph (i) indicates that the property was
previously utilized or occupied by a high-hazard
business.
(iii) Obtain an environmental quality certification
from the Department of Environmental Protection
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indicating that the property has been remediated
consistent with the act of May 19, 1995 (P.L.4, No.2),
known as the Land Recycling and Environmental Remediation
Standards Act, if the certification under subparagraph
(i) indicates that the property was previously utilized
or occupied by a high-hazard business.
(2) A child day-care center which is currently
operational and licensed under Article X of the Human
Services Code shall not be required to obtain the
certifications required under paragraph (1).
Section 5. Licensure denial and suspension.
If a child day-care center fails to obtain the certifications
required under section 4, the Department of Human Services shall
deny the application of the person seeking licensure to operate
a child day-care center until all certifications required under
this act have been completed and submitted to the Department of
Human Services.
Section 6. Penalties.
(a) Penalty.--A person seeking licensure that violates this
act or any regulation promulgated in accordance with this act or
knowingly makes a false statement, misrepresentation or
certification in any application, record or other document filed
or required to be maintained under this act may be assessed a
fine of not more than $25,000 for a first offense and not more
than $50,000 for a second or subsequent offense.
(b) Continuing violations.--Each day that a violation
continues constitutes an additional, separate and distinct
offense.
Section 7. Child Day-Care Center Grant Program.
(a) Establishment.--The Child Day-Care Center Grant Program
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is established in the Department of Environmental Protection.
(b) Purposes.--The Child Day-Care Center Grant Program shall
use money appropriated through the Hazardous Sites Cleanup Fund
to assist the department, the Department of Environmental
Protection and the Department of Human Services to offset the
cost of inspection, testing and certification required under
this act.
Section 8. Regulations.
The department, in consultation with the Department of
Environmental Protection and the Department of Human Services,
shall promulgate regulations necessary for the administration
and enforcement of this act.
Section 9. Effective date.
This act shall take effect in 60 days.
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