BILL NUMBER: S8338

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the public health law, in relation to the definition of
an indoor area; and to repeal certain provisions of such law relating
thereto

 
PURPOSE:

This legislation clarifies the definition of indoor spaces under the
Clean Indoor Air Act.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 1399-n of the public health law by adding a
new subdivision 12 to clarify the definition of an indoor area for the
purposes of limiting areas where tobacco smoking is permitted.

Section two repeals section 1399-x of the public health law. Section
              

three establishes the effective date.

 
JUSTIFICATION:

The Clean Indoor Air Act prohibits smoking and vaping in indoor spaces,
including bars, restaurants, places of employment and other enclosed
areas. Originally enacted in 1989, this law has protected New Yorkers
from the harmful effects of secondhand smoke, and since 2017, the harms
associated with vaping aerosols. After the Clean Indoor Air Act was
expanded in 2003, researchers saw approximately 3,800 fewer hospital
admissions for heart attacks in the first year alone, saving an esti-
mated $56 million in health care costs.

Secondhand smoke from tobacco products contains thousands of chemicals
and is known to cause various types of cancer and other diseases.  Simi-
larly, the aerosols emitted from vaping products contain carcinogens and
toxic chemicals and can endanger one's health when exposed in an
enclosed space. However, some businesses have designed areas to be
considered outdoor spaces, in which smoking and vaping would be permit-
ted, despite being primarily enclosed. In order to protect public
health, outdoor spaces must provide adequate air flow for contaminants
to escape.

New York State continues to see 28,000 smoking-related deaths each year;
more than 750,000 adults statewide are living with a smoking-related
illness. This legislation will clarify the definition of indoor area to
ensure that the intent of the Clean Indoor Air Act is not compromised
and the health of New Yorkers is not put at risk.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.