ASSEMBLY, No. 186
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
SYNOPSIS
Requires DHSS to establish carbon monoxide and nitrogen dioxide air quality standards and certification requirements for ice arenas.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on February 2, 2012, with amendments.
An Act concerning air quality at indoor 1[skating rinks] ice arenas1 and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that the operation of ice 1[surfacing equipment] resurfacing machines1 with internal combustion engines has a significant impact on the air quality at 1[indoor skating rinks] ice arenas1 ; that carbon monoxide is of particular concern because of the indoor aspect of 1[the skating rinks] ice arenas1, its impact on younger and older people alike, asthma sufferers, and other people with compromised immune systems, and its contribution to heart disease and other ailments; that in 2008 and 2009, numerous incidents raised warning flags about the dangers of carbon monoxide in 1[indoor skating rinks] ice arenas1 from 1[ice]1 resurfacing 1[equipment] machines1 ; that, in one incident, more than 100 people became ill from carbon monoxide fumes at an ice 1[skating]1 arena in Vermont due to malfunctioning of the 1[ice]1 resurfacing 1[equipment] machines1 and ventilation systems; that in December 2008, ten people were sent to the hospital with carbon monoxide poisoning at 1[a rink] an ice arena1 near Indianapolis; that firefighters evacuated 1[a rink] an ice arena1 outside of Denver in January 2009 because carbon monoxide levels had reached high levels; that 100 people went to the hospital and four teams withdrew from a college tournament outside of Cleveland, Ohio in March 2009 when they became ill from fumes from the 1[ice surfacing equipment] resurfacing machines1; that many smaller and less attentive 1[rinks] ice arenas1 may have inadequate monitoring of this serious health threat; and that the establishment of air quality standards 1[for ice rinks]1 and 1[the institution of]1 certification requirements 1[for resurfacing equipment]1 would likely help to eliminate this problem.
The Legislature therefore determines that it is reasonable and in the best interest of the public to develop 1certain1 air quality standards and certification requirements for 1[indoor skating rinks] ice arenas1 .
2. As used in this act:
“Action level” means a standard of air contamination that has been established by the department pursuant to section 4 of this act, which standard indicates the threshold amount of carbon monoxide or 1[other harmful air contaminant] nitrogen dioxide1 , at which or above which corrective action must be taken in accordance with the provisions of section 6 of this act.
1[“Department” means the Department of Health and Senior Services.]1
“Commissioner” means the Commissioner of Health and Senior Services, or the commissioner’s designee.
1“Department” means the Department of Health and Senior Services.1
“Evacuatory standard” means a standard of air contamination that has been established by the department pursuant to section 4 of this act, which standard indicates a hazardous level of carbon monoxide or 1[other harmful air contaminant] nitrogen dioxide1 , at or above which evacuatory action must be taken in accordance with the provisions of section 7 of this act.
“Follow-up air sample” means an air sample that is taken as part of a corrective action, either pursuant to paragraph (1) of subsection 1[b.] a.1 of section 6 of this act, or pursuant to paragraph (1) of subsection b. of section 7 of this act, in order to determine whether 1[levels of air contaminants] the level of carbon monoxide or nitrogen dioxide1 in an ice arena 1[have] has1 been reduced to 1a1 safe 1[levels] level1 following an event that caused 1an1 action 1[levels] level for either of these substances1 to be met or exceeded.
“Ice arena” means any building 1[,]1 which has a roof and 1[partially or]1 fully enclosed sides, and which contains an ice rink.
“Operator” means a person designated by an owner, and who is responsible for the day-to-day operation of an ice arena.
“Owner” means the person having legal title to the property or building on which or in which an ice arena is located. For the purposes of publicly-owned property, “owner” means the chief executive officer of the State 1, county1 or municipal agency that owns, leases, or controls the use of the property.
“Resurfacing machine” means 1[a Zamboni or other] an1 internal combustion engine-powered machine that is used to modify the surface of an ice rink.
3. a. No person shall 1[own or]1 operate an ice arena in which a resurfacing machine is used unless the department has issued the 1[person] operator1 a certificate of acceptable air quality for the ice arena. The certificate must be displayed in a conspicuous place in the ice arena.
b. The commissioner may suspend, modify, or revoke a certificate of acceptable air quality for cause, or for a violation of the provisions of this 1[law] act1 or any rules or regulations adopted pursuant thereto.
c. The department may assess a reasonable fee for the issuance of a certificate of acceptable air quality pursuant to this section.
d. As part of the qualifications for a certificate under this section, the department may require the owner or operator to perform any preliminary tests of air quality that the commissioner may determine to be necessary in order to characterize the exposure of ice arena occupants to carbon monoxide and 1[other harmful air contaminants] nitrogen dioxide1 .
4. a. The department, in consultation with the Department of Environmental Protection, shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations that may be necessary to implement the provisions of this act. Such rules and regulations shall include, but need not be limited to 1,1 provisions establishing:
(1) air quality standards for carbon monoxide and 1[other harmful air contaminants] nitrogen dioxide1 in 1[ice arenas] an ice arena1 ;
(2) criteria for 1[the certification] the issuance of a certificate1 of acceptable air quality in 1[ice arenas] an ice arena1 ; and
(3) criteria for the sampling of carbon monoxide and 1[other harmful gases] nitrogen dioxide1 in 1[ice arenas] an ice arena1 .
b. 1[Any] The1 air quality standards adopted pursuant to paragraph (1) of subsection a. of this section shall identify both an action level and an evacuatory standard for 1[each harmful air contaminant identified by the department, in consultation with the Department of Environmental Protection, as being of concern] carbon monoxide and nitrogen dioxide1 in 1[ice arenas] an ice arena1. The action level shall 1:1 be measured in parts per million (ppm) 1[, shall] ;1 signify an amount of contamination 1or exposure1 that is likely to cause human health problems 1[,] ;1 and 1[shall]1 be used to determine when corrective action 1[should] is required to1 be undertaken pursuant to section 6 of this act. The evacuatory standard shall 1:1 be measured in parts per million (ppm) 1[, shall] ;1 indicate an amount of contamination 1or exposure1 that is known to be hazardous to human health 1[,] ;1 and 1[shall]1 be used to determine when evacuatory measures 1[should] are required to1 be undertaken pursuant to section 7 of this act.
c. In adopting rules and regulations pursuant to this section, the commissioner shall give due consideration to recommendations, standards, and definitions 1[of] used by1 other states and the 1[United States] federal government1 .
d. The department may grant a variance from the rules or regulations adopted pursuant to this section, if determined thereby to be appropriate or necessary; provided that the department also determines that the granting of the variance would not result in a reduction in the public health or safety.
5. a. The owner or operator of an ice arena shall maintain acceptable air quality conditions 1for carbon monoxide and nitrogen dioxide1 within the ice arena at all times.
b. In order to determine and monitor air quality in accordance with this act, the operator of 1[each] an1 ice arena in the State shall employ 1[carbon monoxide]1 detectors 1for carbon monoxide and nitrogen dioxide1 , either installable or hand-held, on a daily basis in the ice arena. The results of carbon monoxide 1and nitrogen dioxide1 testing shall be recorded in the Air Quality Record Log in accordance with the provisions of section 8 of this act. If deemed necessary or appropriate, the department may require 1the owner or operator of an1 ice arena 1[owners or operators]1 to additionally install or utilize any other type of air quality detector.
c. The commissioner or an authorized representative thereof may conduct an on-site inspection of ice arena air quality in response to a complaint of an elevated level of carbon monoxide or 1[other harmful air contaminant] nitrogen dioxide1 in an ice arena, or at any other reasonable time, without providing notice of the inspection to the owner or operator.
d. 1[Any person who] If an operator or designated representative of an operator1 refuses entry to a person who is authorized to conduct 1an on-site inspection of ice arena1 air quality 1[inspections]1 pursuant to this section, or 1[who]1 obstructs an 1on-site1 inspection ordered by the commissioner 1, then the commissioner1 shall immediately 1[have] revoke1 the 1[person’s] operator’s1 certificate of acceptable air quality 1[revoked by the commissioner]1. Following revocation of the certificate, the ice arena shall remain closed until the commissioner has determined that the facility is in compliance with the provisions of this act and any rules or regulations adopted pursuant thereto.
6. a. If an air quality sample taken in accordance with the requirements of this act reveals that the air quality level of carbon monoxide or 1[other harmful air contaminant] nitrogen dioxide1 meets or exceeds the action 1[levels] level1 established by the department in accordance with section 4 of this act, the operator shall:
(1) immediately take steps to increase the ventilation in the 1[indoor skating rink] ice arena1 through any appropriate and safe means, and shall continue to ventilate the ice arena at above-normal rates or through extraordinary means until such time as a follow-up air sample taken by the operator reveals that 1the1 air quality 1[levels] level1 of carbon monoxide or 1[other harmful air contaminants have] nitrogen dioxide has1 fallen below the action 1[levels] level1 established pursuant to section 4 of this act. The operator shall take one or more follow-up air samples in intervals of 20 minutes or less after the taking of any sample which has revealed air quality in excess of an established action level until such time as a follow-up air sample reveals that the air 1quality1 level of 1[the contaminant for which there was an excess] carbon monoxide or nitrogen dioxide1 has been reduced to a safe level. The operator shall record the results of each follow-up air sample in the Air Quality Record Log, in accordance with section 8 of this act; and
(2) as soon as is reasonably practical, take one or more of the following steps, in order to eliminate the problem which resulted in the exceedance of 1[the] an1 action 1[levels] level1 established pursuant to section 4 of this act, and in order to prevent any future exceedances of 1[these levels] the action level1 :
(a) increase ventilation or air exchange 1[at] in1 the ice arena; 1or1
(b) 1take any other action which has the effect of reducing or helping reduce the air quality level of carbon monoxide or nitrogen dioxide below the action level; and
(c) if it is determined that the resurfacing machine is the cause of the exceedance of the action level:
(i)1 begin warming up the 1[ice]1 resurfacing machine outside the ice arena;
1[(c)] (ii)1 install a local exhaust system in the area where the resurfacing machine is warmed up, in order to vent exhaust to 1[the]1 outside 1the ice arena1 ;
1[(d)] (iii)1 re-tune or repair the resurfacing machine, and continue to regularly re-tune and repair the 1resurfacing1 machine as recommended by the manufacturer;
1[(e)] (iv)1 reduce edging time;
1[(f)] (v)1 replace edging equipment with equipment having lower emissions;
1[(g)] (vi)1 install a vertical exhaust pipe, the top end of which protrudes above the highest point of the resurfacing machine;
1[(h)] (vii)1 install a catalytic converter on the resurfacing machine;
1[(i)] (viii)1 install an oxygen sensor in the resurfacing machine to regulate fuel leanness or richness;
1[(j)] (ix)1 decrease the resurfacing schedule to reduce the amount of exhaust gases emitted; 1or1
1[(k)] (x)1 convert the existing resurfacing machine to electric power or acquire 1a1 replacement 1[electrically powered] electrically-powered1 resurfacing 1[equipment; or
(l) take any other action which has the effect of reducing or helping reduce air levels of carbon monoxide and other harmful air contaminants to required levels] machine1 .
b. If five or more air quality samples, excluding any follow-up air samples, each reveal that the air 1quality1 level of carbon monoxide or 1[other harmful air contaminant] nitrogen dioxide1 meets or exceeds the action 1[levels] level1 established pursuant to section 4 of this act, or, if evacuatory action is undertaken at any time in accordance with the provisions of section 7 of this act, 1and it is determined that the resurfacing machine is the cause of the exceedance of the action level,1 the operator shall convert any existing resurfacing machine to electric power or shall replace the existing resurfacing machine with 1a1 resurfacing 1[equipment] machine1 that is electrically-powered.
7. a. If an air quality sample taken in accordance with the requirements of this act reveals that the air quality level of carbon monoxide or 1[other harmful air contaminant] nitrogen dioxide1 meets or exceeds the evacuatory standards established by the department in accordance with section 4 of this act, the operator shall:
(1) immediately evacuate all people from the interior of the ice arena;
(2) contact the local fire department as soon as possible to assist in the evacuation of the facility and to assess the hazard;
(3) contact the local 1[board of]1 health 1agency1 upon completion of the evacuation; and
(4) contact the department within two hours 1[of] after1 the evacuation.
b. After evacuation of an ice arena has taken place pursuant to subsection a. of this section, re-occupancy of the ice arena may only occur if:
(1) three consecutive follow-up air samples are taken by the operator within no greater than a three-hour period and in accordance with the air sampling procedures set forth in this act and any rule or regulation adopted pursuant thereto, and all three of the 1follow-up air1 samples indicate that the air 1[levels] quality level1 of carbon monoxide 1[other harmful air contaminants and have] or nitrogen dioxide has1 been reduced below the action 1[levels established in accordance with section 4 of this act] level1 ;
(2) appropriate 1[long-term]1 corrective measures have been taken pursuant to paragraph (2) of subsection a. of section 6 of this act, in order to prevent future exceedances of 1the1 action 1[levels established in accordance with section 4 of this act] level1 ; 1and1
(3) the air 1quality1 levels of carbon monoxide and 1[other harmful air contaminants] nitrogen dioxide1 are independently measured by the local fire department, local health 1[department] agency1, or the department, and are found to be below the action levels established in accordance with section 4 of this act. 1In response to a request from an operator for an independent measurement of an air quality level pursuant to this paragraph, the local fire department or local health agency shall respond as soon as may be practicable, and the department shall respond within five business days of receiving such a request.1
8. a. 1[The] Each1 operator shall keep a record log, which shall have on its cover, the name of the ice arena, the name of the owner of the ice arena, the name of the operator of the ice arena, and, in large print, the words “Air Quality Record Log.” The record log shall be used by the operator to record information, on a regular basis, regarding the 1[ice]1 resurfacing 1[equipment] machines1 used in the ice arena, the results of any air 1quality1 samples or follow-up air samples taken in accordance with the provisions of this act, the implementation of any corrective actions pursuant to section 6 of this act, and the implementation of any evacuatory measures pursuant to section 7 of this act.
b. The department shall:
(1) develop a form version of an “Air Quality Record Log,” which may be used by operators in complying with this section, and which shall be made available to 1owners and1 operators through posting on the department’s Internet website;
(2) establish standards and guidelines for appropriate record-keeping as required by this section, and identify the particular information to be included in each “Air Quality Record 1[Log;”] Log”;1 and
(3) establish a procedure for 1[the]1 departmental review of record logs 1[that are]1 maintained under this section.
9. a. Any person who knowingly, willfully, or purposefully violates any provision of this act or any rule or regulation adopted pursuant thereto shall be liable to a fine of not less than $1,000 nor more than $2,500 per day of violation.
b. Any person who falsifies information required to be kept as a record pursuant to this act shall be liable to a fine of not less than $1,500 nor more than $3,000. Each instance of falsification of information shall constitute a separate and distinct offense.
c. Penalties authorized pursuant to this section shall be collected by and in the name of the commissioner through a summary proceeding instituted in accordance with the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal courts shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999” in association with this act.
10. The department shall institute a public information program to inform the public about the health effects of carbon monoxide and 1[other harmful air contaminants] nitrogen dioxide1 in ice arenas, the necessity for air quality testing in ice arenas, the recommended practices for reducing elevated levels of carbon monoxide and 1[other harmful air contaminants] nitrogen dioxide1 in ice arenas, and related issues.
11. a. The department is authorized to receive and administer funds appropriated or allocated thereto, for purposes consistent with this act, by the State, by agencies of the federal government, or by any other appropriate funding sources.
b. Any appropriated funds or fee moneys collected by the department in accordance with this act or any rule or regulation adopted pursuant thereto shall be placed into a restricted receipt account to support the personnel costs, operating costs, and capital expenditure necessary to carry out the provisions of this act; provided, however, that any fees charged shall be in addition to and not substituted for funds appropriated to the department by the State or federal government.
1[12. a. The requirements of this act are in addition to any other requirements mandated by any other provision of law.
b. The provisions of this act shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of this act.]1
1[13.] 12.1 This act shall take effect immediately but shall be inoperative until the first day of the sixth month following the date of enactment.