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  • NJ A179
  • Establishes carbon monoxide and nitrogen dioxide air quality standards and certification requirements for ice arenas.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would establish a carbon monoxide and nitrogen dioxide air quality testing and certification program for ice arenas (i.e., indoor ice rinks), implemented by the Department of Health (DOH). Pursuant to the bill's provisions, DOH would be required, in consultation with the Department of Environmental Protection (DEP), to adopt rules and regulations establishing: (1) criteria for issuance of a certificate of acceptable air quality for ice arenas; and (2) criteria for the sampling of carbon monoxide and nitrogen dioxide in ice arenas. The DOH Commissioner, in adopting rules and regulations, is directed to give due consideration to the recommendations, standards, and definitions used by other states and the federal government for indoor air quality in ice arenas. Beginning on the first day of the sixth month following the date of enactment of the bill into law, a person would be prohibited from operating an ice arena in which a resurfacing machine is used unless that person has first obtained a certificate of acceptable air quality from the DOH. The bill defines an ice arena as any building with a roof and fully enclosed sides that contains an ice rink, and defines a resurfacing machine as an internal combustion engine-powered machine that is used to modify the surface of an ice rink. The bill would require the owner or operator of an ice arena to utilize an air quality measuring device, as defined in the bill, on a daily basis and to record the results of all carbon monoxide and nitrogen dioxide testing in an "Air Quality Record Log." If deemed necessary or appropriate, the DOH could require the owner or operator of an ice arena to additionally install or utilize any other type of air quality measuring device. The DOH Commissioner, or an authorized representative thereof, would have the authority to conduct an on-site inspection of air quality at an ice arena, either in response to a complaint of an elevated level of carbon monoxide or nitrogen dioxide in an ice arena, or at any other reasonable time, without providing notice of the inspection to the owner or operator. If an operator or designated representative of an operator refuses entry to a person authorized to conduct an inspection or obstructs an inspection ordered by the commissioner, then the DOH Commissioner would immediately revoke the operator's certificate of acceptable air quality. Following revocation of the certificate, the ice arena would remain closed until the DOH Commissioner has determined that the facility complies with the provisions of the bill, and any rules or regulations adopted pursuant thereto. If, at any time, an air quality sample indicates that the air quality level of carbon monoxide or nitrogen dioxide meets or exceeds the action level as defined in the bill, the operator of the ice arena would be required to undertake corrective actions, as specified in the bill. If an air quality sample indicates that the air quality level in an ice arena meets or exceeds the evacuatory standard, as defined in the bill, for carbon monoxide or nitrogen dioxide, the operator would be required to: immediately evacuate all people from the interior of the ice arena; contact the local fire department as soon as possible to assist in the evacuation of the facility and to assess the hazard; contact the local health agency upon completion of the evacuation; and contact the DOH within two hours after the evacuation. The bill sets forth conditions for re-occupancy of an ice arena after an evacuation has occurred. In the event that five or more air quality samples (excluding follow-up air samples) indicate that the level of carbon monoxide or nitrogen dioxide is above the action level, or if, at any time, the facility is evacuated pursuant to the provisions in the bill, and it is determined that the resurfacing machine is the cause of the exceedance, the operator would be required to convert the existing resurfacing machinery to electric power or replace the existing machinery with electrically-powered resurfacing machines. The operator would be required to maintain and regularly update an "Air Quality Record Log" in accordance with record-keeping standards and guidelines that are developed by DOH. The operator would be required to include in the record log information regarding the resurfacing machines and air quality measuring devices used in the ice arena, the results of any air quality samples or follow-up air samples taken in the ice arena, and the implementation of any corrective actions or evacuatory measures undertaken pursuant to the bill. Any person who knowingly, willingly, or purposefully violates any of the bill's provisions would be liable to a fine of not less than $1,000 nor more than $2,500 per day of violation. Any person who falsifies information would be liable to a fine of not less than $1,500 nor more than $3,000 for each instance of falsification. The bill would also require the DOH to institute a public information program to inform the public about the health effects of carbon monoxide and nitrogen dioxide in ice arenas, the necessity for air quality testing in ice arenas, the recommended practices for reducing elevated levels of carbon monoxide and nitrogen dioxide in ice arenas, and related issues.
Environment and Solid Waste
Introduced, Referred to Assembly Environment and Solid Waste Committee  (on 1/27/2016)
 
 
Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Environment and Solid Waste Committee
Date Motion Yea Nay Other
None specified