STATE OF NEW YORK
________________________________________________________________________
2676--A
2023-2024 Regular Sessions
IN SENATE
January 24, 2023
___________
Introduced by Sens. FERNANDEZ, HOYLMAN-SIGAL -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public health law and the environmental conservation
law, in relation to indoor air quality in schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 25 of the public health law is amended by adding a
2 new title 4-A to read as follows:
3 TITLE IV-A
4 INDOOR AIR QUALITY IN SCHOOLS
5 Section 2576. Definitions.
6 2577. Indoor air quality inspection and evaluation program.
7 2578. Best practices.
8 2579. Rules and regulations.
9 § 2576. Definitions. As used in this title, the following terms shall
10 have the following meanings, unless the context clearly requires other-
11 wise:
12 1. "Covered entity" means a facility used for (a) instruction of
13 elementary or secondary students by: (i) any school district, including
14 a special act school district and a city school district in a city
15 having a population of one hundred twenty-five thousand inhabitants or
16 more, (ii) a board of cooperative educational services, (iii) a charter
17 school, (iv) an approved private school for the education of students
18 with disabilities, (v) a state-supported school for the deaf or blind
19 operated pursuant to article eighty-five of the education law, and (vi)
20 any other private or parochial elementary or secondary school; and (b)
21 pre-kindergarten programs.
22 2. "Hazardous substances" means any substance listed as a substance
23 hazardous to the public health, safety or the environment in regulations
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06186-04-3
S. 2676--A 2
1 promulgated pursuant to article thirty-seven of the environmental
2 conservation law and includes lead, radon, asbestos, formaldehyde, and
3 volatile organic compounds exceeding a specified amount as designated by
4 the commissioner.
5 § 2577. Indoor air quality inspection and evaluation program. 1. With-
6 in one year of the effective date of this title, the department shall
7 establish an indoor air quality program.
8 2. The indoor air quality program established pursuant to subdivision
9 one of this section shall require the department to:
10 (a) promulgate regulations for inspections, evaluations, notifications
11 and best practices to improve indoor air quality in covered entities;
12 (b) enter into any necessary interagency agreements to coordinate the
13 indoor air quality program;
14 (c) inspect a covered entity, upon their own initiative or upon
15 complaint to the department regarding the quality of air in the covered
16 entity, unless the issue or condition raised in such complaint has been
17 the subject of a previous inspection by the department and is considered
18 to be satisfactorily resolved or such issue or condition has already
19 been made aware to the department and an inspection has already been
20 scheduled or completed;
21 (d) provide results of an inspection with the department of education,
22 the superintendent, school administrator, or supervisor of the school in
23 which the inspection was conducted, the appropriate local health author-
24 ity, and any other person or department the department deems necessary;
25 (e) assist the covered entity in developing a reasonable plan to
26 improve air quality conditions found in the inspection; and
27 (f) develop and implement public education and community outreach
28 programs on indoor air quality and risk reduction.
29 3. After inspection, the department shall prepare a report that:
30 (a) describes the department's findings;
31 (b) describes whether the test results exceed the indoor air guide-
32 lines established by the department or the occupational safety and
33 health administration guidelines for indoor air quality;
34 (c) identifies any conditions that are contributing or could contrib-
35 ute to poor indoor air quality at the covered entity including carbon
36 dioxide levels; humidity; evidence of mold or water damage; evidence of
37 hazardous substances; and excess dust; and
38 (d) provides guidance on steps the covered entity may take to improve
39 indoor air quality.
40 4. A complaint regarding the indoor air quality of a covered entity
41 shall be in writing and sent to the department. The department shall
42 inspect such covered entity pursuant to paragraph (c) of subdivision two
43 of this section.
44 § 2578. Best practices. The department, in consultation with the
45 department of environmental conservation, shall distribute a guidance
46 document of best practices for managing indoor air quality at covered
47 entities as described in this title. The department may use a manual on
48 indoor air quality in covered entities developed by federal health or
49 environmental agencies or another state. The department, as deemed
50 necessary by the commissioner, shall periodically review and revise such
51 guidance document to assure that the document continues to represent
52 best practices available to covered entities.
53 § 2579. Rules and regulations. The commissioner shall promulgate rules
54 and regulations in consultation with the commissioner of environmental
55 conservation to effectuate the requirements of this title.
S. 2676--A 3
1 § 2. Subdivision 1 of section 3-0301 of the environmental conservation
2 law is amended by adding a new paragraph ii to read as follows:
3 ii. Cooperate with the public health department to complete the
4 requirements of title four-A of article twenty-five of the public health
5 law.
6 § 3. This act shall take effect immediately.
