HB 335 — 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.

PRINTER'S NO.   290

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 335
                                              Session of
                                                2025

     INTRODUCED BY GREEN, SANCHEZ, KAZEEM, PIELLI, GIRAL, KHAN,
        HOWARD, CEPEDA-FREYTIZ, CIRESI, HOHENSTEIN, HILL-EVANS AND
        OTTEN, JANUARY 27, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JANUARY 27, 2025


                                     AN ACT
 1   Requiring indoor contamination assessment certifications and
 2      environmental quality certifications of child day-care
 3      centers; providing for powers and duties of the Department of
 4      Health, the Department of Environmental Protection and the
 5      Department of Human Services; establishing the Child Day-Care
 6      Center Grant Program; and imposing penalties.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9   Section 1.   Short title.
10      This act shall be known and may be cited as the Child Day-
11   Care Center Protection Act.
12   Section 2.   Legislative findings.
13      The General Assembly finds and declares as follows:
14          (1)   The indoor and outdoor environmental quality of
15      child day-care centers can adversely affect children's
16      academic performance and increase risk of both short-term and
17      long-term health problems.
18          (2)   Child day-care centers are often operated
19      independently, while public schools are frequently part of a
 1      school district with centralized facilities management.
 2          (3)    The Commonwealth has a responsibility to ensure that
 3      child day-care centers, specifically those that are housed in
 4      facilities constructed prior to 1979 or facilities that have
 5      been previously utilized for an industrial or other high-
 6      hazard purpose, are safe for our children.
 7          (4)    The Commonwealth must take steps to protect the
 8      health and safety of our most vulnerable residents by
 9      requiring indoor contamination assessment certifications and
10      environmental quality certifications of child day-care
11      centers.
12   Section 3.    Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Child day care."    Child care in lieu of parental care given
17   for part of the 24-hour day to a child under 16 years of age,
18   away from the child's home. The term does not include child day
19   care furnished in places of worship during religious services.
20      "Child day-care center."    A premises operated for profit in
21   which child day care is provided simultaneously for seven or
22   more children who are not relatives of the operator, except
23   centers operated under social service auspices.
24      "Department."    The Department of Health of the Commonwealth.
25      "Hazardous substance."    An element, compound or material
26   which is any of the following:
27          (1)    Regulated as a hazardous air pollutant under section
28      6.6 of the act of January 8, 1960 (1959 P.L.2119, No.787),
29      known as the Air Pollution Control Act.
30          (2)    Defined as hazardous waste under section 103 of the

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 1      act of July 7, 1980 (P.L.380, No.97), known as the Solid
 2      Waste Management Act.
 3            (3)   Regulated under the act of December 7, 1990
 4      (P.L.639, No.165), known as the Hazardous Material Emergency
 5      Planning and Response Act.
 6      "High-hazard business."      A business utilizing hazardous
 7   substances, including:
 8            (1)   Nail salons.
 9            (2)   Dry cleaning facilities.
10            (3)   Gasoline stations.
11            (4)   Funeral homes.
12   Section 4.     Child day-care center requirements.
13      (a)   Duties.--Except as provided under subsection (b), a
14   person seeking licensure to operate a child day-care center in
15   this Commonwealth shall do the following prior to being licensed
16   as a child day-care center under Article X of the act of June
17   13, 1967 (P.L.31, No.21), known as the Human Services Code:
18            (1)   Obtain written certification from the municipality
19      in which the proposed child day-care center will be located
20      indicating whether the building, structure or property was
21      previously utilized or occupied by a high-hazard business.
22            (2)   Obtain an indoor contamination assessment
23      certification from the department if the certification under
24      paragraph (1) indicates that the property was previously
25      utilized or occupied by a high-hazard business.
26            (3)   Obtain an environmental quality certification from
27      the Department of Environmental Protection indicating that
28      the property has been remediated consistent with the act of
29      May 19, 1995 (P.L.4, No.2), known as the Land Recycling and
30      Environmental Remediation Standards Act, if the certification

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 1      under paragraph (1) indicates that the property was
 2      previously utilized or occupied by a high-hazard business.
 3      (b)     Exception.--A child day-care center which is currently
 4   operational and licensed under Article X of the Human Services
 5   Code shall not be required to obtain the certifications required
 6   under subsection (a).
 7   Section 5.    Licensure denial and suspension.
 8      If a child day-care center fails to obtain the certifications
 9   required under section 4, the Department of Human Services shall
10   deny the application of the person seeking licensure to operate
11   a child day-care center until all certifications required under
12   this act have been completed and submitted to the Department of
13   Human Services.
14   Section 6.    Penalties.
15      (a)     Penalty.--A person seeking licensure that violates this
16   act or any regulation promulgated in accordance with this act or
17   knowingly makes a false statement, misrepresentation or
18   certification in any application, record or other document filed
19   or required to be maintained under this act may be assessed a
20   fine of not more than $25,000 for a first offense and not more
21   than $50,000 for a second or subsequent offense.
22      (b)     Continuing violations.--Each day that a violation
23   continues constitutes an additional, separate and distinct
24   offense.
25   Section 7.    Child Day-Care Center Grant Program.
26      (a)     Establishment.--The Child Day-Care Center Grant Program
27   is established in the Department of Environmental Protection.
28      (b)     Purposes.--The Child Day-Care Center Grant Program shall
29   use money appropriated through the Hazardous Sites Cleanup Fund
30   to assist the department, the Department of Environmental

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 1   Protection and the Department of Human Services to offset the
 2   cost of inspection, testing and certification required under
 3   this act.
 4   Section 8.   Regulations.
 5      The department, in consultation with the Department of
 6   Environmental Protection and the Department of Human Services,
 7   shall promulgate regulations necessary for the administration
 8   and enforcement of this act.
 9   Section 9.   Effective date.
10      This act shall take effect in 60 days.




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