Stacy Dolgin-Kmetz took the committee through the following changes:

          Sec. 534.02 Definition of “Employee” -  The “volunteer” reference was removed and “or engaged” was added.

          Sec. 534.02 Definition of “Place of Employment” was revised to delete “2 or more” in the last sentence.

          Sec. 534.05 was added.  Public Health Law allows for a separate smoking room.  Committee members discussed the need for such a room in residential care facilities where patients could not go outside to smoke.  A ventilated room would be too expensive for many such facilities.

Legislator Rogowsky expressed his support for removing not-for-profit organizations such as the Elks Club which was done before the last meeting.  However, this intent should be clearly stated so those organizations clearly understand that they are excluded.

Legislator Rogowsky has a constituent whose business sits on the border with Connecticut.  In his business, there is a separate room where smoking is allowed.  In New York City this type of arrangement is allowed by waiver. Legislator Rogowsky favors an exemption or waiver where the business

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can prove that no employees enter this ventilated smoking room. 

Customers could go to the bar for drinks or food to bring into the smoking room.  This waiver could be for a short period with the understanding that sweeping changes are coming.  The committee should look at the legislative intent which makes reference to “reasonable limitations” and “the rights of smokers.”

Legislator Kaplowitz did not favor such a waiver referring to the Restaurant and Tavern Association’s preference for a “level playing field” in which regulations were equal across the board.  He expressed concern for those who clean the smoking room since research shows ventilation does not completely remove carcinogens.

Legislator Rogowsky will try to present this alternative on the floor.  The Legislation Committee was more sympathetic to the short term waiver concept.

This item was reviewed for the accuracy of revisions made on 1/6/03, when the item was signed out.

2.  ITEM #103:  BAN ON INSTALLATION OR CONSTRUCTION OF APARTMENT INCINERATORS

Speakers:  Dr. Joshua Lipsman, Commissioner, Dept. of Health

                  Joseph Marcogliese, Deputy Commissioner

The county does not have the power to regulate incinerators.  Municipal jurisdiction supercedes the county on most incinerators in the county.  There is modest yet significant pollution from incinerators which especially exacerbates conditions such as asthma.  Balancing the cost of conversion to other methods of garbage disposal against air quality issues, some local governments such as New Rochelle decided to phase incinerators out.

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This proposed legislation is an attempt to determine if this is something the Board endorses and to provide some encouragement to other communities to take steps similar to those taken by New Rochelle.

There are currently 37 county permits issued plus several additional incinerators without permits.  The county regulates the latter only if there is a complaint.

Legislator LaMotte asked the Health Dept. to provide a list of incinerators in her district.  She offered to speak with building owners in her district to seek their cooperation in shutting down the incinerators.  Commissioner Lipsman will provide her with information on alternatives to incineration such as trash compactors and disposal at Charles Point.

Incinerators have county permits which set forth certain regulations including temperature at which trash is burned and emission standards.  However, if a municipality has regulations, they supercede whatever standards are set by the county even if the county regulations were enacted first.  Also, if a municipality outlaws or phases out incinerators, that phase out supercedes any permit issued by the county.

Resolution unanimously supported by this committee; item remains in Legislation Committee.

3.  Item #141:  DISPOSAL OF MERCURY PRODUCTS

Commissioner Lipsman explained that fluorescent light bulbs was the only additional item added to the legislation at this time.  These light bulbs contribute up to 130 pounds of mercury to the waste stream each year.  Boxes are available from recyclers to return used bulbs for recycling.  In addition, silent light switches which haven’t been made since the 90’s contain mercury.  The largest source of mercury in the waste water treatment plants is from dental sources.  Currently the Health Dept. is looking at the concept of dental offices filtering their water.  This legislation should move ahead rather than wait for additional mercury items which could take months to research.

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This item will be taken up again at the full Committee meeting on Tuesday.

A motion to adjourn was made and seconded and having no further business, the chair adjourned the meeting at 4:30 p.m.