An Act concerning air quality at indoor ice arenas 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 resurfacing machines with internal combustion engines has a significant impact on the air quality at ice arenas; that carbon monoxide is of particular concern because of the indoor aspect of ice arenas, 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 ice arenas from, resurfacing machines; that, in one incident, more than 100 people became ill from carbon monoxide fumes at an ice arena in Vermont due to malfunctioning of the resurfacing machines and ventilation systems; that in December 2008, ten people were sent to the hospital with carbon monoxide poisoning at an ice arena near Indianapolis; that firefighters evacuated an ice arena 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 resurfacing machines; ice arenas may have inadequate monitoring of this serious health threat; and that the establishment of air quality standards and certification requirements 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 certain air quality standards and certification requirements for ice arenas.

2. As used in this act:

"Action level" means a standard of air contamination when one-hour measurements of more than 30 parts per million but less than 125 parts per million of carbon monoxide or more than 0.5 parts per million but less than 2 parts per million of nitrogen dioxide are present in an ice arena, at which or above which corrective action must be taken in accordance with the provisions of section 6 of this act.

"Air quality measuring device" means pump and colorimetric tube or electronic direct read gas detection equipment for the sampling and measurement of carbon monoxide and nitrogen dioxide air concentrations, which equipment shall be capable of measuring carbon monoxide air concentrations in a range from 0 to 150 parts per million with a resolution of 1 part per million, or measuring nitrogen dioxide air concentrations in a range from 0 to 5 parts per million with a resolution of 0.1 parts per million, and operated, stored, maintained, and calibrated in accordance with the manufacturer's specifications.

"Commissioner" means the Commissioner of Health and Senior Services, or the commissioner's designee.

"Department" means the Department of Health and Senior Services.

"Evacuatory standard" means a standard of air contamination of a one-hour average air concentration of 125 or more parts per million of carbon monoxide or 2 or more parts per million of nitrogen dioxide, 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 a. of section 6 of this act, or pursuant to subsection b. of section 7 of this act, in order to determine whether the level of carbon monoxide or nitrogen dioxide in an ice arena has been reduced to a safe level following an event that caused an action level for either of these substances to be met or exceeded.

"Ice arena" means any building which has a roof and fully enclosed sides, and which contains an ice rink.

"Ice edging machine" means power equipment used to modify the perimeter of an ice sheet.

"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, county or municipal agency that owns, leases, or controls the use of the property.

"Resurfacing machine" means an internal combustion engine-powered machine that is used to modify the surface of an ice rink.

3. a. No person shall operate an ice arena in which a resurfacing machine is used unless the department has issued the operator 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 act 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 nitrogen dioxide.

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, provisions establishing:

(1) criteria for the issuance of a certificate of acceptable air quality in an ice arena; and

(2) criteria for the sampling of carbon monoxide and nitrogen dioxide with an air quality measuring device in an ice arena to determine if the air quality level of carbon monoxide or nitrogen dioxide meets or exceeds the action level or evacuatory standard .

b. In adopting rules and regulations pursuant to this section, the commissioner shall give due consideration to recommendations, standards, and definitions used by other states and the federal government for indoor air quality in ice arenas.

c. 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 for carbon monoxide and nitrogen dioxide within the ice arena at all times.

b. In order to determine and monitor air quality in accordance with this act, the operator of an ice arena in the State shall employ on a daily basis in the ice arena an air quality measuring device in accordance with the criteria developed by the department pursuant to subsection a. of section 4 of this act. The results of carbon monoxide and nitrogen dioxide 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 the owner or operator of an ice arena to additionally install or utilize any other type of air quality measuring device.

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 nitrogen dioxide in an ice arena, or at any other reasonable time, without providing notice of the inspection to the owner or operator.

d. If an operator or designated representative of an operator refuses entry to a person who is authorized to conduct an on-site inspection of ice arena air quality pursuant to this section, or obstructs an on-site inspection ordered by the commissioner, then the commissioner shall immediately revoke the operator's certificate of acceptable air quality. Following revocation of the certificate, then 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 nitrogen dioxide meets or exceeds the action level, the operator shall:

(1) immediately take steps to increase the ventilation in the ice arena 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 the air quality level of carbon monoxide or nitrogen dioxide has fallen below the action level. 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 quality level of carbon monoxide or nitrogen dioxide 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 meeting or exceedance of an action level and in order to prevent any future meeting or exceedance of the action level:

(a) increase ventilation or air exchange in he ice arena; or

(b) take 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

(i) begin warming up the resurfacing machine outside the ice arena;

(ii) install a local exhaust system in the area where the resurfacing machine is warmed up, in order to vent exhaust to outside the ice arena;

(iii)re-tune or repair the resurfacing machine, and continue to regularly re-tune and repair the resurfacing machine as recommended by the manufacturer;

(iv)reduce usage time of the ice edging machine;

(v) replace the ice edging machine with equipment having lower emissions;

(vi) install a vertical exhaust pipe, the top end of which protrudes above the highest point of the resurfacing machine;

(vii) install a catalytic converter on the resurfacing machine;

(viii) install an oxygen sensor in the resurfacing machine to regulate fuel leanness or richness;

(ix) decrease the resurfacing schedule to reduce the amount of exhaust gases emitted; or

(x) convert the existing resurfacing machine to electric power or acquire a replacement electrically-powered resurfacing machine.

b. If five or more air quality samples, excluding any follow-up air samples, each reveal that the air quality level of carbon monoxide or nitrogen dioxide meets or exceeds the action level, or, if evacuatory action is undertaken at any time in accordance with the provisions of section 7 of this act, and it is determined that the resurfacing machine is the cause of the exceedance of the action level, the operator shall convert any existing resurfacing machine to electric power or shall replace the existing resurfacing machine with a resurfacing machine 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 nitrogen dioxide meets or exceeds the evacuatory standard , 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 health agency upon completion of the evacuation; and

(4) contact the department within two hours after the evacuation.

b. After evacuation of an ice arena has taken place pursuant to subsection a. of this section:

(1) Re-occupancy of an ice arena that has not met or exceeded the evacuatory standard within the prior three calendar years may occur if:

(a) 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 follow-up air samples indicate that the air quality level of carbon monoxide or nitrogen dioxide has been reduced below the action level;

(b) appropriate corrective measures have been taken pursuant to paragraph (2) of subsection a. of section 6 of this act, in order to prevent any future meeting or exceedance of the action level; or

(c) the air quality levels of carbon monoxide and nitrogen dioxideare independently measured by the local fire department, local health agency, or the department, and are found to be below the action level. In response to a request from an operator for an independent measurement of an air quality level pursuant to this subparagraph, 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 after receiving such a request;

(2) Re-occupancy of an ice arena that has met or exceeded the evacuatory standard within the prior three calendar years may only occur if:

(b) appropriate corrective measures have been taken pursuant to paragraph (2) of subsection a. of section 6 of this act, in order to prevent any future meeting or exceedance of the action level; and

(c) the air qualitylevels of carbon monoxide and nitrogen dioxideare independently measured by the local fire department, local health agency, or the department, and are found to be below the action level. In response to a request from an operator for an independent measurement of an air quality level pursuant to this subparagraph, 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 after receiving such a request.

8. a. Each 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 resurfacing machine and air quality measuring device used in the ice arena, the results of any air quality 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 owners and 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 Log", including requirements concerning maintenance and calibration records for air quality measuring devices; and

(3) establish a procedure for departmental review of record logs 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 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.

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.

12. This act shall take effect immediately but shall be inoperative until the first day of the sixth month following the date of enactment.

STATEMENT

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 and Senior Services (DHSS).

Pursuant to the bill's provisions, DHSS would be required, in consultation with the Department of Environmental Protection (DEP), to establish rules and regulations establishing: (1) air quality standards for carbon monoxide and nitrogen dioxide in ice arenas; (2) criteria for issuance of a certificate of acceptable air quality for ice arenas; and (3) criteria for the sampling of carbon monoxide and nitrogen dioxide in ice arenas. The DHSS, in consultation with the DEP, would be required to identify both an action level and an evacuatory standard for carbon monoxide and nitrogen dioxide in ice arenas. The Commissioner, in adopting rules and regulations, shall give due consideration to the recommendations, standards and definitions used by other states and the federal government for indoor air quality in ice arenas. The action level would signify an amount of contamination or exposure that is likely to cause human health problems, and would be used to determine when corrective action is required. The evacuatory standard would signify an amount of contamination or exposure that is known to be hazardous to human health, and would be used to determine when the facility should be evacuated in order to protect the public health.

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, defined in the bill as an internal combustion engine-powered machine, is used to modify the surface of the ice, unless that person has first obtained a certificate of acceptable air quality from the DHSS.

The bill would additionally require the owner or operator of an ice arena to utilize carbon monoxide and nitrogen dioxide detectors on a daily basis and to record the results of any and all carbon monoxide and nitrogen dioxide testing performed therein. The DHSS could require additional testing, if deemed necessary. The DHSS commissioner or an authorized representative thereof would have the authority to enter onto the property of an ice arena to test the air quality therein, either in response to an air quality complaint, or at any other reasonable time, without providing notice of the inspection to the owner or operator of the ice arena. If an operator or designated representative of an operator refuses entry to a person who is authorized to conduct an inspection of ice arena air quality or obstructs an inspection ordered by the commissioner, then the DHSS 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 DHSS commissioner has determined that the facility is in compliance with the provisions, and any rules or regulations adopted, under this bill.

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 levels established by DHSS, the operator of the ice arena would be required to undertake both immediate and long-term corrective actions, which are specified in the bill. If an air quality sample indicates that the air quality level in an ice arena meets or exceeds any of the evacuatory standards for carbon monoxide or nitrogen dioxide that have been established by DHSS and DEP, the bill would require the operator to evacuate the facility. Reentry into the facility would be prohibited unless: (1) three consecutive follow-up air samples, conducted by the operator, indicate that the air quality level has been reduced below the established action level; (2) long-term corrective measures have been undertaken; and (3) the air quality level of carbon monoxide and nitrogen dioxide are independently measured by the local fire department, local health agency, or DHSS, and are found to be below the established action level.

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 established 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 a record log in accordance with record-keeping standards and guidelines that are developed by DHSS. The operator would be required to include in the record log information regarding the resurfacing machines, the results of any air quality samples or follow-up air samples taken in the ice arena, the implementation of any corrective actions or evacuatory measures and any requirements concerning maintenance and calibration records for air quality measuring devices.

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.

Highlights under the bill include:

1) "action level" specifically refers to carbon monoxide and nitrogen dioxide;

2) "ice arena" shall apply only to fully enclosed rinks, rather than to fully and partially enclosed rinks;

3) "resurfacing machine" means an internal combustion engine powerered machine that is used to modify the surface of an ice rink;

4) specifying that the air quality standards to be developed by DHSS pursuant to section 4 of the bill are to be for carbon monoxide and nitrogen dioxide;

5) clarifying that a person may own an ice arena for which the DHSS has not issued a certificate of acceptable air quality for the ice arena, but the ice arena cannot be operated until such time as a certificate is issued;

6) providing that an operator's certificate of acceptable air quality would be revoked by the commissioner if the operator or designated representative of the operator refuses entry to a person authorized to conduct an inspection of ice arena air quality or obstructs an inspection ordered by the commissioner, rather than any person who refuses entry or obstructs inspection;

7) clarifying the steps to be taken by an operator when there is an exceedance of an action level;

8) clarifying that an operator would only be required to convert the existing resurfacing machinery to electric power or replace the existing resurfacing machinery with electrically-powered resurfacing machines when it is determined that the resurfacing machine is the cause of the exceedance of an action level;

9) providing, in response to a request from an operator for an independent measurement of the air quality level pursuant to the bill, that the DHSS would respond to such a request within five business days, and for a local fire department or local health agency to respond as soon as may be practicable;