S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6875
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. LUCAS -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, the  executive  law,
   the  public  service  law,  the  labor law, the state finance law, the
   public health law, the public authorities law, and the public  housing
   law,  in  relation  to implementing several programs to improve indoor
   air quality, including  establishing  photo-catalytic  air  scavenging
   technology certification centers and a weatherization and energy effi-
   ciency  training  program,  and  establishing  the office of workforce
   development and indoor air quality management training,  minimum  wage
   rates for indoor air quality workers, and an indoor air quality fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may  be  cited  as  the  "sick
 building  syndrome  and  indoor  air  quality workforce training program
 act".
   § 2. Legislative intent and findings.  The intent of this  act  is  to
 regulate  and  control "Sick Building Syndrome" by establishing policies
 that improve indoor air quality in all buildings and facilities, includ-
 ing public and private schools,  government  buildings,  hospitals,  and
 residential buildings.
   The  act  will establish an independent entity known as the indoor air
 quality control board within NYSERDA, the department of  public  health,
 the  office of children and family services, and the empire state devel-
 opment corporation which will oversee the implementation and enforcement
 of policies and regulations related to sick building syndrome. This  act
 also  seeks to generate professional employment opportunities within the
 local communities through the creation of trained technicians  certified
 in maintaining and installing new air-quality control technology.
   Nothing  in  this  act  is  intended  to  limit  the  authority of any
 district, government agency, office, or employers to enact  and  enforce

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10076-02-3
              

 A. 6875                             2
 
 policies  pertaining to indoor air quality in the workplace or to exempt
 anyone from any requirement of federal law or pose any obstacle  to  the
 federal enforcement of federal law.
   §  3.  Article  19 of the environmental conservation law is amended by
 adding a new title 13 to read as follows:
                                  TITLE 13
               INDOOR AIR QUALITY AND HAZARDOUS AIR POLLUTANTS
 SECTION 19-1301. DEFINITIONS.
         19-1303. PHOTO-CATALYTIC AIR SCAVENGING TECHNOLOGY CERTIFICATION
                    CENTERS.
         19-1305. WEATHERIZATION AND ENERGY EFFICIENCY TRAINING PROGRAM.
         19-1307. INDOOR AIR QUALITY INDEX OVERSIGHT COMMITTEE.
         19-1309. RULES AND REGULATIONS.
 § 19-1301. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "INDOOR AIR QUALITY" MEANS AIR QUALITY WITHIN AND AROUND A COVERED
 ENTITY WHICH AFFECTS THE HEALTH AND COMFORT  OF  INDIVIDUALS  WITHIN  OR
 NEAR SUCH BUILDING.
   2.  "HAZARDOUS  AIR  POLLUTANTS"  MEANS  ANY  SUBSTANCE  LISTED  AS  A
 SUBSTANCE HAZARDOUS TO THE PUBLIC HEALTH, SAFETY OR THE  ENVIRONMENT  IN
 REGULATIONS PROMULGATED PURSUANT TO ARTICLE THIRTY-SEVEN OF THIS CHAPTER
 WHICH  MAY  AFFECT  INDOOR AIR QUALITY AND SHALL INCLUDE, BUT NOT BE NOT
 LIMITED  TO  LEAD,  RADON,  ASBESTOS,  FORMALDEHYDE,  VOLATILE   ORGANIC
 COMPOUNDS,  DUST,  MOLD, DANDER, EXCESS MOISTURE, PESTICIDES, SUBSTANCES
 FROM FUEL-BURNING COMBUSTION  APPLIANCES,  TOBACCO  PRODUCTS,  BACTERIA,
 VIRUSES  AND ANY SUBSTANCE KNOWN TO CAUSE HEALTH EFFECTS WHICH EXCEEDS A
 SPECIFIED LEVEL AS DESIGNATED BY THE COMMISSIONER.
   3. "HEALTH EFFECTS" MEANS CHANGES TO A PERSON'S  HEALTH  AND  WELLNESS
 THAT  OCCUR  IMMEDIATELY  UPON  EXPOSURE  TO  A HAZARDOUS AIR POLLUTANT,
 INCLUDING, BUT NOT LIMITED TO, IRRITATION OF THE EYES, NOSE, OR  THROAT,
 HEADACHES,  DIZZINESS  AND FATIGUE, AND CHANGES TO A PERSON'S HEALTH AND
 WELLNESS IN THE LONG-TERM DUE TO BEING EXPOSED TO A HAZARDOUS AIR POLLU-
 TANT,  INCLUDING,  BUT  NOT  LIMITED  TO,  RESPIRATORY  DISEASES,  HEART
 DISEASE, ASTHMA AND LUNG CANCER.
 § 19-1303. PHOTO-CATALYTIC   AIR   SCAVENGING  TECHNOLOGY  CERTIFICATION
              CENTERS.
   1. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT
 SHALL ESTABLISH PHOTO-CATALYTIC AIR SCAVENGING TECHNOLOGY  CERTIFICATION
 CENTERS.  SUCH  CENTERS SHALL INCREASE THE NUMBER OF WELL-TRAINED INDOOR
 AIR QUALITY WORKERS IN ORDER TO MITIGATE THE HEALTH  EFFECTS  OF  INDOOR
 AIR  POLLUTION.  THE EMPIRE STATE DEVELOPMENT CORPORATION AND THE OFFICE
 OF HOUSING AND COMMUNITY RENEWAL ON AN INDIVIDUAL BASIS  PROVIDE  FEASI-
 BILITY SUPPORT FOR INDOOR AIR QUALITY AUDITS AS A PART OF COMMERCIAL AND
 RESIDENTIAL DEVELOPMENT.
   2. THE PHOTO-CATALYTIC AIR SCAVENGING TECHNOLOGY CERTIFICATION CENTERS
 ESTABLISHED UNDER SUBDIVISION ONE OF THIS SECTION SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   (A) DEVELOPING A CURRICULUM THAT INCLUDES COURSES SPECIFICALLY FOCUSED
 ON  PHOTO-CATALYTIC  AIR  SCAVENGING  TECHNOLOGY,  BUILDING  SCIENCE AND
 INDOOR AIR QUALITY COVERING TOPICS INCLUDING, BUT NOT LIMITED TO, BUILD-
 ING SYSTEMS AND COMPONENTS, HVAC SYSTEMS, INDOOR AIR QUALITY, AND ENERGY
 CONSERVATION.
   (B)  PARTNERING  WITH  VOCATIONAL  SCHOOLS,  COMMUNITY  COLLEGES,  AND
 UNIVERSITIES TO OFFER TRAINING PROGRAMS FOR PHOTO-CATALYTIC AIR SCAVENG-
 ING  TECHNOLOGY,  BUILDING  SCIENCE  AND INDOOR AIR QUALITY. SUCH INSTI-
 A. 6875                             3
 
 TUTIONS MAY PROVIDE THE NECESSARY FACILITIES, EQUIPMENT, AND INSTRUCTORS
 TO DELIVER THE TRAINING.
   (C) PROVIDING ON-THE-JOB TRAINING OPPORTUNITIES FOR INDOOR AIR QUALITY
 WORKERS  TO  GAIN HANDS-ON EXPERIENCE IN BUILDING SCIENCE AND INDOOR AIR
 QUALITY INCLUDING, BUT NOT LIMITED TO, INTERNSHIPS, APPRENTICESHIPS, AND
 JOB SHADOWING PROGRAMS WITH EXPERIENCED PROFESSIONALS.
   (D) ENCOURAGING AND SUPPORTING INDOOR AIR QUALITY  WORKERS  TO  PURSUE
 CERTIFICATION  AND LICENSING IN PHOTO-CATALYTIC AIR SCAVENGING TECHNOLO-
 GY, BUILDING SCIENCE AND INDOOR AIR QUALITY THROUGH  ORGANIZATIONS  SUCH
 AS  THE  AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CONDITIONING
 ENGINEERS OR THE INDOOR AIR QUALITY ASSOCIATION.
   (E) ENCOURAGING AND SUPPORTING CONTINUING EDUCATION OPPORTUNITIES  FOR
 PHOTO-CATALYTIC  AIR  SCAVENGING TECHNOLOGY, BUILDING SCIENCE AND INDOOR
 AIR QUALITY WORKERS ON THE LATEST DEVELOPMENTS  IN  PHOTO-CATALYTIC  AIR
 SCAVENGING  TECHNOLOGY,  BUILDING SCIENCE AND INDOOR AIR QUALITY INCLUD-
 ING, BUT NOT LIMITED TO, WORKSHOPS, SEMINARS, AND CONFERENCES.
   (F) RECOGNIZING AND REWARDING INDOOR  AIR  QUALITY  WORKERS  WHO  HAVE
 ACHIEVED  CERTIFICATIONS,  LICENSES,  AND  OTHER INDUSTRY CREDENTIALS IN
 PHOTO-CATALYTIC AIR SCAVENGING TECHNOLOGY, BUILDING SCIENCE  AND  INDOOR
 AIR QUALITY THROUGH DEPARTMENT DEVELOPED INCENTIVE PROGRAMS.
   3.  MONIES  FROM  THE  INDOOR AIR QUALITY FUND, ESTABLISHED BY SECTION
 NINETY-NINE-QQ OF THE  STATE  FINANCE  LAW,  MAY  BE  EXPENDED  FOR  THE
 PURPOSES PROVIDED FOR IN THIS SECTION.
 § 19-1305. WEATHERIZATION AND ENERGY EFFICIENCY TRAINING PROGRAM.
   1. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT
 SHALL ESTABLISH A WEATHERIZATION AND ENERGY EFFICIENCY TRAINING PROGRAM.
 SUCH  PROGRAM  SHALL  BE  ESTABLISHED  TO MITIGATE THE HEALTH EFFECTS OF
 INDOOR AIR POLLUTION BY INCREASING AWARENESS OF HAZARDOUS AIR POLLUTANTS
 WHICH CAUSE POOR INDOOR AIR QUALITY  AND  THE  HEALTH  EFFECTS  OF  POOR
 INDOOR AIR QUALITY.
   2.  THE  WEATHERIZATION  AND ENERGY EFFICIENCY TRAINING PROGRAM ESTAB-
 LISHED UNDER SUBDIVISION ONE OF THIS SECTION SHALL INCLUDE, BUT  NOT  BE
 LIMITED TO:
   (A) ESTABLISHING TRAINING OPPORTUNITIES FOR BUILDING OWNERS, MANAGERS,
 AND RESIDENTS ON WEATHERIZATION AND ENERGY EFFICIENCY TO PREVENT HAZARD-
 OUS AIR POLLUTANTS FROM INFILTRATING AND CONTRIBUTING TO POOR INDOOR AIR
 QUALITY.
   (B)   PARTNERING  WITH  ORGANIZATIONS,  EDUCATIONAL  INSTITUTIONS  AND
 EXPERTS IN THE FIELD  OF  BUILDING  SCIENCE  AND  ENERGY  EFFICIENCY  TO
 PROVIDE TRAINING PROGRAMS INCLUDING, BUT NOT LIMITED TO:
   (I) WEATHERIZATION AND ENERGY EFFICIENCY;
   (II) IDENTIFYING AND SEALING AIR LEAKS;
   (III) INSULATION;
   (IV) VENTILATION;
   (V) HVAC SYSTEM MAINTENANCE AND UPGRADES; AND
   (VI) RENEWABLE ENERGY SOLUTIONS.
   (C)  PROVIDING  ON-THE-JOB TRAINING OPPORTUNITIES FOR BUILDING OWNERS,
 MANAGERS AND RESIDENTS TO GAIN HANDS-ON EXPERIENCE IN WEATHERIZATION AND
 ENERGY EFFICIENCY.
   (D) ESTABLISHING A CERTIFICATION PROGRAM FOR BUILDING OWNERS, MANAGERS
 AND RESIDENTS WHO HAVE COMPLETED A TRAINING  PROGRAM  ESTABLISHED  UNDER
 THIS  SECTION  TO RECOGNIZE THEIR KNOWLEDGE AND SKILLS IN WEATHERIZATION
 AND ENERGY EFFICIENCY.
   (E) RECOGNIZING AND REWARDING BUILDING OWNERS, MANAGERS AND  RESIDENTS
 WHO  HAVE  ACHIEVED CERTIFICATIONS, LICENSES, AND OTHER INDUSTRY CREDEN-
 A. 6875                             4
 
 TIALS IN BUILDING  SCIENCE  AND  ENERGY  EFFICIENCY  THROUGH  DEPARTMENT
 DEVELOPED INCENTIVE PROGRAMS.
   (F)  PROVIDING  INCENTIVES FOR BUILDING OWNERS, MANAGERS AND RESIDENTS
 WHO EXCEED THE WEATHERIZATION AND ENERGY  EFFICIENCY  STANDARDS  THROUGH
 DEPARTMENT  DEVELOPED INCENTIVE PROGRAMS TO ENSURE THAT BUILDING OWNERS,
 MANAGERS AND RESIDENTS  HAVE  THE  NECESSARY  KNOWLEDGE  AND  SKILLS  TO
 PREVENT  POOR  OZONE AND HARMFUL AIR QUALITY INDEX FROM INFILTRATING AND
 CONTRIBUTING TO POOR INDOOR AIR QUALITY.
   (G) DEVELOPING AND IMPLEMENTING COMMUNITY OUTREACH PROGRAMS TO EDUCATE
 THE PUBLIC ON INDOOR AIR QUALITY, HAZARDOUS AIR POLLUTANTS,  AND  HEALTH
 EFFECTS  RISK  REDUCTION,  AS  WELL  AS THE AVAILABILITY OF THE TRAINING
 PROGRAMS ESTABLISHED UNDER THIS TITLE.
   3. MONIES FROM THE INDOOR AIR QUALITY  FUND,  ESTABLISHED  BY  SECTION
 NINETY-NINE-QQ  OF  THE  STATE  FINANCE  LAW,  MAY  BE  EXPENDED FOR THE
 PURPOSES PROVIDED FOR IN THIS SECTION.
 § 19-1307. INDOOR AIR QUALITY INDEX OVERSIGHT COMMITTEE.
   1. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT
 SHALL ESTABLISH AN INDOOR AIR QUALITY INDEX OVERSIGHT COMMITTEE.
   2. THE INDOOR AIR QUALITY INDEX OVERSIGHT COMMITTEE ESTABLISHED  UNDER
 SUBDIVISION  ONE  OF  THIS  SECTION  SHALL HAVE THE FOLLOWING FUNCTIONS,
 POWERS AND DUTIES INCLUDING, BUT NOT LIMITED TO:
   (A) TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS TITLE.
   (B) TO MONITOR THE PROGRESS OF THE TRAINING PROGRAMS ESTABLISHED UNDER
 THIS TITLE.
   (C) TO PROVIDE INCENTIVES FOR BUILDING OWNERS AND MANAGERS WHO  EXCEED
 THE WEATHERIZATION AND ENERGY EFFICIENCY STANDARDS.
 § 19-1309. RULES AND REGULATIONS.
   THE  COMMISSIONER  SHALL PROMULGATE RULES AND REGULATIONS IN CONSULTA-
 TION WITH THE COMMISSIONER OF HEALTH TO EFFECTUATE THE  REQUIREMENTS  OF
 THIS TITLE.
   § 4. The executive law is amended by adding a new article 49-C to read
 as follows:
                               ARTICLE 49-C
     OFFICE OF WORKFORCE DEVELOPMENT AND INDOOR AIR QUALITY MANAGEMENT
                                 TRAINING
 SECTION 996. DEFINITIONS.
         996-A.  OFFICE  OF  WORKFORCE DEVELOPMENT AND INDOOR AIR QUALITY
                  MANAGEMENT TRAINING.
         996-B. COMMUNITY ENGAGEMENT AND PUBLIC OVERSIGHT.
         996-C. UTILIZATION OF OTHER AGENCY ASSISTANCE.
         996-D. REPORTS.
   § 996. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "OFFICE" SHALL MEAN THE OFFICE OF WORKFORCE DEVELOPMENT AND  INDOOR
 AIR QUALITY MANAGEMENT TRAINING ESTABLISHED BY THIS ARTICLE.
   2.  "STATE  AGENCY" SHALL MEAN THE STATE AND ANY DEPARTMENT, DIVISION,
 BOARD, BUREAU, COMMISSION, OR AGENCY  OF  THE  STATE  OR  ANY  POLITICAL
 SUBDIVISION THEREOF.
   §  996-A.  OFFICE  OF  WORKFORCE  DEVELOPMENT  AND  INDOOR AIR QUALITY
 MANAGEMENT TRAINING. 1. THERE IS HEREBY  CREATED  WITHIN  THE  EXECUTIVE
 DEPARTMENT  THE  OFFICE  OF WORKFORCE DEVELOPMENT AND INDOOR AIR QUALITY
 MANAGEMENT TRAINING CONSISTING OF A DIRECTOR WHICH SHALL BE APPOINTED BY
 THE GOVERNOR AND SUCH OTHER PERSONNEL AS NECESSARY.
   2. THE OFFICE SHALL:
 A. 6875                             5
 
   (A) BE RESPONSIBLE FOR PROVIDING TRAINING AND RESOURCES TO INDIVIDUALS
 AND BUSINESSES IN THE AREAS OF  WORKFORCE  DEVELOPMENT  AND  INDOOR  AIR
 QUALITY MANAGEMENT.
   (B)  WORK IN CONJUNCTION WITH THE DEPARTMENT OF EDUCATION, THE DEPART-
 MENT OF LABOR, AND THE OFFICE  OF  STRATEGIC  WORKFORCE  DEVELOPMENT  TO
 IDENTIFY  WORKFORCE  NEEDS  AND DEVELOP TRAINING PROGRAMS THAT MEET SUCH
 NEEDS.
   (C) WORK IN CONJUNCTION WITH THE NEW YORK STATE  ENERGY  RESEARCH  AND
 DEVELOPMENT  AUTHORITY  TO  PROMOTE HEALTH THROUGH ENERGY EFFICIENCY AND
 HEALTHIER BUILDINGS.
   (D) WORK IN CONSULTATION WITH THE  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION  TO DEVELOP AND IMPLEMENT TRAINING PROGRAMS RELATED TO INDOOR
 AIR QUALITY MANAGEMENT.
   (E) WORK IN CONJUNCTION WITH THE NEW YORK INDEPENDENT SYSTEM  OPERATOR
 TO PROMOTE ENERGY EFFICIENCY AND INDOOR AIR QUALITY MANAGEMENT.
   (F) HAVE THE AUTHORITY TO PROCURE CONTRACTS. CONTRACTS PROCURED BY THE
 OFFICE  SHALL  BE  EXEMPT  FROM  THE REQUIREMENTS OF SECTION ONE HUNDRED
 THREE OF THE GENERAL MUNICIPAL LAW.
   § 996-B. COMMUNITY ENGAGEMENT AND PUBLIC OVERSIGHT. THE  OFFICE  SHALL
 MAINTAIN  A  WEBSITE  WHERE  A  MEMBER  OF THE PUBLIC CAN LEAVE A PUBLIC
 COMMENT ON THE OFFICE'S ACTIVITIES RELATED TO WORKFORCE DEVELOPMENT  AND
 INDOOR  AIR  QUALITY.  THE  OFFICE  SHALL ALSO CONDUCT HEARINGS AT LEAST
 TWICE A YEAR WHERE THE PUBLIC  CAN  COMMENT  ON  THE  OFFICE'S  PROGRESS
 TOWARD  ITS  GOALS.  ONE SUCH HEARING SHALL OCCUR IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE AND ANOTHER SUCH HEARING SHALL  NOT  OCCUR
 IN A CITY WITH A POPULATION OF LESS THAN ONE MILLION.
   §  996-C.  UTILIZATION  OF OTHER AGENCY ASSISTANCE. ALL STATE AGENCIES
 ARE HEREBY AUTHORIZED AND DIRECTED TO PROVIDE ASSISTANCE  AND  AVAILABLE
 RESOURCES,  AS  REQUESTED  BY  THE  OFFICE,  IN  ORDER TO EFFECTUATE THE
 PURPOSES OF THIS ARTICLE RELATED TO WORKFORCE DEVELOPMENT AND INDOOR AIR
 QUALITY.
   § 996-D. REPORTS. THE OFFICE SHALL REPORT ON ITS PROGRESS, ACCOMPLISH-
 MENTS, FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND ACTIVITIES RELATED TO
 WORKFORCE DEVELOPMENT AND INDOOR AIR QUALITY TO THE GOVERNOR AND TO  THE
 LEGISLATURE  ANNUALLY ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH OF EACH
 YEAR.
   § 5. The public service law is amended by adding a new section  28  to
 read as follows:
   § 28. INDOOR AIR QUALITY AND CONTINUOUS INFECTIOUS MICROBIAL REDUCTION
 CERTIFICATION TRAINING AND PROCUREMENT PROGRAM.  1. THE COMMISSION SHALL
 ESTABLISH  AN  INDOOR  AIR  QUALITY  AND CONTINUOUS INFECTIOUS MICROBIAL
 REDUCTION CERTIFICATION TRAINING AND PROCUREMENT PROGRAM FOR LOCAL RESI-
 DENTS TO PROVIDE INDOOR AIR QUALITY AND CONTINUOUS INFECTIOUS  MICROBIAL
 REDUCTION  CERTIFICATION. SUCH PROGRAM SHALL INCLUDE CERTIFICATION UNDER
 THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY AND FOLLOW CURRICULUM STAND-
 ARDS ESTABLISHED BY THE CENTERS FOR DISEASE CONTROL AND  PREVENTION  AND
 THE  FEDERAL  DEPARTMENT  OF  ENERGY REGARDING WEATHERIZATION AND ENERGY
 EFFICIENCY. SUCH PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) PARTNERSHIPS WITH LOCAL VOCATIONAL SCHOOLS, COMMUNITY COLLEGES AND
 UNIVERSITIES TO PROVIDE TRAINING PROGRAMS AND APPRENTICESHIP AND ON-THE-
 JOB TRAINING OPPORTUNITIES FOR LOCAL RESIDENTS ON INDOOR AIR QUALITY AND
 CONTINUOUS INFECTIOUS MICROBIAL REDUCTION VOCATIONAL SKILLS AND PROCURE-
 MENT.
   (B) PARTNERSHIPS WITH LOCAL VOCATIONAL  SCHOOLS,  COMMUNITY  COLLEGES,
 AND  UNIVERSITIES  TO PROVIDE TRAINING PROGRAMS FOR RENEWABLE ENERGY AND
 A. 6875                             6
 
 MICROGRID SYSTEM DESIGN, INSTALLATION, MAINTENANCE, AND PROCUREMENT  FOR
 LOCAL RESIDENTS.
   (C)  APPRENTICESHIP  AND  ON-THE-JOB  TRAINING OPPORTUNITIES FOR LOCAL
 RESIDENTS TO GAIN HANDS-ON EXPERIENCE IN INDOOR AIR QUALITY AND  CONTIN-
 UOUS INFECTIOUS MICROBIAL REDUCTION VOCATIONAL SKILLS AND PROCUREMENT.
   2.  THE  COMMISSION  SHALL  CREATE  AN  OVERSIGHT  COMMITTEE TO ENSURE
 COMPLIANCE TO THIS SECTION AND MONITOR THE PROGRESS OF THE TRAINING  AND
 PROCUREMENT  PROGRAM  ESTABLISHED  UNDER  THIS  SECTION.  SUCH OVERSIGHT
 COMMITTEE SHALL ALSO PROVIDE INCENTIVES FOR BUILDING OWNERS AND MANAGERS
 WHO EXCEED THE LOCAL TRAINING AND PROCUREMENT GOALS.
   3. THE COMMISSION SHALL, IN ORDER TO PROVIDE MINORITY- AND WOMEN-OWNED
 BUSINESS ENTERPRISES, MINORITY GROUP MEMBERS AND WOMEN  THE  OPPORTUNITY
 FOR  MEANINGFUL  PARTICIPATION  IN  THE TRAINING AND PROCUREMENT PROGRAM
 ESTABLISHED UNDER THIS SECTION, ESTABLISH GOALS FOR PARTICIPATION IN THE
 TRAINING AND PROCUREMENT PROGRAM BY AND PROCUREMENT UNDER  SUCH  PROGRAM
 FROM  MINORITY-  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES, MINORITY GROUP
 MEMBERS AND WOMEN. FOR THE PURPOSES OF THIS SUBDIVISION, "MINORITY-OWNED
 BUSINESS ENTERPRISE" SHALL MEAN ANY  BUSINESS  ENTERPRISE  WHICH  IS  AT
 LEAST  FIFTY-ONE PER CENTUM OWNED BY, OR IN THE CASE OF A PUBLICLY OWNED
 BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE STOCK OF WHICH  IS  OWNED
 BY  CITIZENS  OR PERMANENT RESIDENT NONCITIZENS WHO ARE BLACK, HISPANIC,
 ASIAN OR AMERICAN INDIAN, AND SUCH OWNERSHIP INTEREST IS REAL,  SUBSTAN-
 TIAL AND CONTINUING AND "WOMEN-OWNED BUSINESS ENTERPRISE" SHALL MEAN ANY
 BUSINESS  ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR
 IN THE CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PERCENT  OF
 THE  STOCK  OF WHICH IS OWNED BY CITIZENS OR PERMANENT RESIDENT NONCITI-
 ZENS WHO ARE WOMEN AND SUCH OWNERSHIP INTEREST IS REAL, SUBSTANTIAL  AND
 CONTINUING.
   4.  MONIES  FROM  THE  INDOOR AIR QUALITY FUND, ESTABLISHED BY SECTION
 NINETY-NINE-QQ OF THE  STATE  FINANCE  LAW,  MAY  BE  EXPENDED  FOR  THE
 PURPOSES  PROVIDED  FOR  IN  THIS SECTION, AND SHALL INCLUDE, BUT NOT BE
 LIMITED TO, TRAINING AND PROCUREMENT  PROGRAMS  FOR  VETERANS,  FORMERLY
 INCARCERATED  INDIVIDUALS,  PERSONS  WHO RECENTLY RECEIVED A HIGH SCHOOL
 DIPLOMA, SINGLE PARENTS ENROLLED IN THE SUPPLEMENTAL  NUTRITION  ASSIST-
 ANCE  PROGRAM  AND/OR  RECEIVE CASH BENEFITS FROM A TEMPORARY ASSISTANCE
 PROGRAM UNDER THE FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.
   5. THE COMMISSION SHALL, NO  LATER  THAN  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND  TWENTY-THREE,  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY ON THE  PROGRESS  OF  THE
 TRAINING  AND  PROCUREMENT  PROGRAM ESTABLISHED UNDER THIS SECTION. SUCH
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE NUMBER OF LOCAL RESIDENTS WHO HAVE RECEIVED TRAINING IN RENEW-
 ABLE ENERGY AND INDOOR AIR QUALITY VOCATIONAL SKILLS AND PROCUREMENT;
   (B) THE NUMBER OF LOCAL RESIDENTS WHO HAVE RECEIVED APPRENTICESHIP AND
 ON-THE-JOB TRAINING OPPORTUNITIES IN RENEWABLE  ENERGY  AND  INDOOR  AIR
 QUALITY VOCATIONAL SKILLS AND PROCUREMENT;
   (C)  THE  NUMBER  OF  RENEWABLE ENERGY AND MICROGRID SYSTEMS THAT HAVE
 BEEN DESIGNED, INSTALLED, MAINTAINED AND PROCURED BY LOCAL RESIDENTS;
   (D) THE NUMBER OF  BUILDING  OWNERS  AND  MANAGERS  WHO  HAVE  MET  OR
 EXCEEDED THE LOCAL TRAINING AND PROCUREMENT GOALS;
   (E)  THE  NUMBER  OF  MINORITY-  AND WOMEN-OWNED BUSINESS ENTERPRISES,
 MINORITY GROUP MEMBERS AND WOMEN WHO HAVE PARTICIPATED IN  THE  TRAINING
 AND PROCUREMENT PROGRAM; AND
   (F) THE AMOUNT OF MONIES EXPENDED FROM THE INDOOR AIR QUALITY FUND FOR
 THE PURPOSES PROVIDED FOR IN THIS SECTION.
 A. 6875                             7
 
   6.  THIS SECTION SHALL NOT PREEMPT OR SUPERSEDE ANY LAW, RULE OR REGU-
 LATION RELATING TO AIR QUALITY OR INDOOR AIR QUALITY, INCLUDING, BUT NOT
 LIMITED TO, THE STATE ENERGY LAW, THE LABOR LAW  OR  THE  PUBLIC  HEALTH
 LAW.
   §  6. The labor law is amended by adding a new article 19-e to read as
 follows:
                               ARTICLE 19-E
             MINIMUM WAGE RATES FOR INDOOR AIR QUALITY WORKERS
 SECTION 697-A. DEFINITIONS.
         697-B. CERTIFICATION TO THE COMMISSIONER.
         697-C. MINIMUM WAGE RATE FOR INDOOR AIR QUALITY WORKERS.
         697-D. EMPLOYMENT REQUIREMENTS FOR INDOOR AIR QUALITY WORKERS.
         697-E. COMMISSIONER'S POWERS OF INVESTIGATION.
         697-F. RECORDS OF EMPLOYERS.
         697-G. PENALTIES.
         697-H. CIVIL ACTION.
         697-I. REGULATIONS.
         697-J. SEVERABILITY CLAUSE.
   § 697-A. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COVERED  INDOOR  AIR  QUALITY  WORKERS" MEANS ANY PERSON EMPLOYED
 WHERE AT LEAST ONE-HALF OF THE EMPLOYEE'S TIME DURING  ANY  WORKWEEK  IS
 WORKING IN THE FOLLOWING CATEGORIES:
   (A)  MITIGATION  OF THE HEALTH EFFECTS OF INDOOR AIR POLLUTION THROUGH
 IMPROVING HVAC SYSTEMS, BUILDING  SYSTEMS  AND  COMPONENTS,  AND  ENERGY
 CONSERVATION; AND
   (B)  WEATHERIZATION  AND  ENERGY  EFFICIENCY  TO PREVENT HAZARDOUS AIR
 POLLUTANTS FROM INFILTRATING AND CONTRIBUTING TO POOR INDOOR AIR  QUALI-
 TY.
   2.  "LIVABLE  WAGE"  MEANS  A  WAGE THAT IS SUFFICIENT FOR A WORKER TO
 AFFORD BASIC NECESSITIES, INCLUDING BUT NOT LIMITED  TO  HOUSING,  FOOD,
 TRANSPORTATION, HEALTHCARE, AND CHILD CARE IN THE LOCAL AREA. THIS SHALL
 BE DETERMINED BY THE DEPARTMENT AND REVIEWED ANNUALLY.
   3.  "LOCAL  AREA" MEANS THE GEOGRAPHIC AREA AROUND A LOCATION WHICH IS
 PART OF THE SAME LABOR MARKET AREA AND IS WITHIN A  REASONABLE  DISTANCE
 FOR A PERSON TO TRAVEL TO SUCH LOCATION FROM THEIR RESIDENCE FOR EMPLOY-
 MENT.
   §  697-B.  CERTIFICATION  TO  THE COMMISSIONER. 1. NO LATER THAN MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, AND  ON  MARCH  THIRTY-FIRST  OF
 EACH  YEAR  THEREAFTER,  EACH  EMPLOYER  OF A COVERED INDOOR AIR QUALITY
 WORKER SHALL SUBMIT TO THE COMMISSIONER A SWORN STATEMENT CERTIFYING THE
 TOTAL NUMBER OF SUCH WORKERS EMPLOYED BY SUCH EMPLOYER.
   2. EACH EMPLOYER OF AN INDOOR AIR QUALITY WORKER SHALL SUBMIT  TO  THE
 COMMISSIONER,  IN  A  FORM  AND MANNER PRESCRIBED BY THE COMMISSIONER, A
 SWORN STATEMENT AFFIRMING THAT SUCH EMPLOYER WILL ENSURE, WHERE APPLICA-
 BLE, THAT THE INDOOR AIR QUALITY WORKERS IT EMPLOYS ARE  PAID  AT  LEAST
 THE  MINIMUM WAGE REQUIRED BY SECTION SIX HUNDRED NINETY-SEVEN-C OF THIS
 ARTICLE.
   3. EACH EMPLOYER OF AN INDOOR AIR QUALITY WORKER SHALL SUBMIT  TO  THE
 COMMISSIONER,  IN  A  FORM  AND MANNER PRESCRIBED BY THE COMMISSIONER, A
 SWORN STATEMENT AFFIRMING THAT SUCH EMPLOYER WILL ENSURE, WHERE APPLICA-
 BLE, THAT THE INDOOR AIR QUALITY WORKERS IT EMPLOYS ARE FROM  THE  LOCAL
 AREA  WHERE  WORK  IS BEING PERFORMED AS REQUIRED BY SECTION SIX HUNDRED
 NINETY-SEVEN-D OF THIS ARTICLE.
   § 697-C. MINIMUM WAGE RATE FOR INDOOR AIR QUALITY WORKERS. ALL COVERED
 EMPLOYERS SHALL ENSURE THAT EVERY COVERED INDOOR AIR QUALITY  WORKER  IS
 A. 6875                             8
 
 COMPENSATED  AT A RATE THAT IS NO LESS THAN THE LIVABLE WAGE. NOTHING IN
 THIS ARTICLE SHALL ALTER OR LIMIT ANY EMPLOYER'S OBLIGATION TO  PAY  ANY
 OTHERWISE APPLICABLE WAGE UNDER ARTICLE EIGHT OR NINE OF THIS CHAPTER.
   §  697-D.  EMPLOYMENT  REQUIREMENTS FOR INDOOR AIR QUALITY WORKERS. AT
 LEAST FIFTY PERCENT OF COVERED INDOOR AIR QUALITY WORKERS EMPLOYED BY AN
 EMPLOYER SHALL RESIDE WITHIN THE LOCAL AREA OF WHERE THE WORK  IS  BEING
 PERFORMED.
   §  697-E.  COMMISSIONER'S POWERS OF INVESTIGATION. THE COMMISSIONER OR
 HIS OR HER AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO:
   1. INVESTIGATE THE COMPENSATION OF COVERED INDOOR AIR QUALITY  WORKERS
 IN THE STATE;
   2.  ENTER  THE PLACE OF BUSINESS OR EMPLOYMENT OF ANY EMPLOYER FOR THE
 PURPOSE OF:
   (A) EXAMINING AND INSPECTING ANY AND ALL BOOKS,  REGISTERS,  PAYROLLS,
 AND  OTHER  RECORDS THAT IN ANY WAY RELATE TO OR HAVE A BEARING UPON THE
 COMPENSATION PROVIDED TO, OR THE HOURS WORKED BY ANY EMPLOYEES; AND
   (B) ASCERTAINING WHETHER THE PROVISIONS OF THIS ARTICLE AND THE  RULES
 AND REGULATIONS PROMULGATED HEREUNDER ARE BEING COMPLIED WITH; AND
   3.  REQUIRE  FROM ANY EMPLOYER FULL AND CORRECT STATEMENTS AND REPORTS
 IN WRITING, AT SUCH TIMES AS THE COMMISSIONER MAY DEEM NECESSARY, OF THE
 COMPENSATION PROVIDED TO AND THE HOURS WORKED BY SUCH EMPLOYER'S EMPLOY-
 EES.
   § 697-F. RECORDS OF EMPLOYERS. FOR  EVERY  EMPLOYEE  COVERED  BY  THIS
 ARTICLE,  EVERY EMPLOYER SHALL ESTABLISH, MAINTAIN, AND PRESERVE FOR NOT
 LESS THAN SIX YEARS CONTEMPORANEOUS, TRUE, AND ACCURATE PAYROLL  RECORDS
 SHOWING  FOR  EACH  WEEK  WORKED  THE  HOURS  WORKED,  THE  COMPENSATION
 PROVIDED, PLUS SUCH OTHER INFORMATION AS THE COMMISSIONER DEEMS MATERIAL
 AND NECESSARY. FOR ALL COVERED INDOOR AIR QUALITY WORKERS  WHO  ARE  NOT
 EXEMPT  FROM  OVERTIME COMPENSATION AS ESTABLISHED IN THE COMMISSIONER'S
 MINIMUM WAGE ORDERS OR OTHERWISE PROVIDED BY LAW, RULE,  OR  REGULATION,
 THE  PAYROLL  RECORDS  SHALL  INCLUDE  THE COMPENSATION PROVIDED AND THE
 REGULAR HOURLY RATE OR RATES OF PAY, THE OVERTIME RATE OR RATES OF  PAY,
 THE  NUMBER OF REGULAR HOURS WORKED, THE NUMBER OF OVERTIME HOURS WORKED
 AND THE COST OF BENEFITS AND/OR  BENEFIT  SUPPLEMENTS.  ON  DEMAND,  THE
 EMPLOYER SHALL FURNISH TO THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED
 REPRESENTATIVE  A SWORN STATEMENT OF THE HOURS WORKED, AND RATE OR RATES
 OF COMPENSATION, FOR EACH COVERED INDOOR AIR QUALITY WORKER,  PLUS  SUCH
 OTHER  INFORMATION  AS  THE  COMMISSIONER  DEEMS MATERIAL AND NECESSARY.
 EVERY EMPLOYER SHALL KEEP SUCH RECORDS OPEN TO INSPECTION BY THE COMMIS-
 SIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE  AT  ANY  REASONABLE
 TIME.   EVERY EMPLOYER OF A COVERED INDOOR AIR QUALITY WORKER SHALL KEEP
 A DIGEST AND SUMMARY OF THIS ARTICLE, WHICH SHALL  BE  PREPARED  BY  THE
 COMMISSIONER,  POSTED IN A CONSPICUOUS PLACE IN HIS OR HER ESTABLISHMENT
 AND SHALL ALSO KEEP POSTED SUCH ADDITIONAL COPIES  OF  SAID  DIGEST  AND
 SUMMARY  AS THE COMMISSIONER PRESCRIBES. EMPLOYERS SHALL, ON REQUEST, BE
 FURNISHED WITH COPIES OF THIS ARTICLE AND OF ORDERS, AND OF DIGESTS  AND
 SUMMARIES  THEREOF,  WITHOUT  CHARGE. EMPLOYERS SHALL PERMIT THE COMMIS-
 SIONER OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE TO QUESTION  WITHOUT
 INTERFERENCE  ANY EMPLOYEE OF SUCH EMPLOYER IN A PRIVATE LOCATION AT THE
 PLACE OF EMPLOYMENT AND DURING WORKING HOURS IN  RESPECT  TO  THE  WAGES
 PAID TO AND THE HOURS WORKED BY SUCH EMPLOYEE OR OTHER EMPLOYEES.
   § 697-G. PENALTIES. 1. IF THE COMMISSIONER FINDS THAT ANY EMPLOYER HAS
 VIOLATED  ANY  PROVISION  OF  THIS  ARTICLE  OR  OF A RULE OR REGULATION
 PROMULGATED THEREUNDER, THE COMMISSIONER MAY, AFTER AN OPPORTUNITY FOR A
 HEARING, AND BY AN ORDER WHICH SHALL DESCRIBE PARTICULARLY THE NATURE OF
 THE VIOLATION, ASSESS THE EMPLOYER A CIVIL PENALTY OF NOT MORE THAN  TEN
 A. 6875                             9
 
 THOUSAND DOLLARS FOR THE FIRST SUCH VIOLATION WITHIN SIX YEARS, NOT MORE
 THAN TWENTY THOUSAND DOLLARS FOR A SECOND VIOLATION WITHIN SIX YEARS AND
 NOT MORE THAN FIFTY THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION
 WITHIN  SIX  YEARS.  SUCH  PENALTY SHALL BE PAID TO THE COMMISSIONER FOR
 DEPOSIT IN THE TREASURY OF THE STATE. IN ASSESSING  THE  AMOUNT  OF  THE
 PENALTY,  THE  COMMISSIONER  SHALL GIVE DUE CONSIDERATION TO THE SIZE OF
 THE EMPLOYER'S BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE GRAVITY  OF
 THE  VIOLATION,  THE  HISTORY  OF PREVIOUS VIOLATIONS AND THE FAILURE TO
 COMPLY WITH RECORDKEEPING OR OTHER REQUIREMENTS.
   2. ANY ORDER ISSUED UNDER SUBDIVISION ONE OF  THIS  SECTION  SHALL  BE
 DEEMED  A  FINAL  ORDER OF THE COMMISSIONER AND NOT SUBJECT TO REVIEW BY
 ANY COURT OR AGENCY UNLESS THE EMPLOYER FILES A PETITION WITH THE INDUS-
 TRIAL BOARD OF APPEALS FOR A REVIEW OF THE ORDER,  PURSUANT  TO  SECTION
 ONE HUNDRED ONE OF THIS CHAPTER.
   3. THE CIVIL PENALTY PROVIDED FOR IN THIS SECTION SHALL BE IN ADDITION
 TO  AND  MAY  BE  IMPOSED  CONCURRENTLY WITH ANY OTHER REMEDY OR PENALTY
 PROVIDED FOR IN THIS CHAPTER.
   4. UPON A SHOWING BY AN EMPLOYEE ORGANIZATION,  THE  COMMISSIONER  MAY
 INVESTIGATE  BY  EXAMINING  PAYROLL RECORDS WHETHER AN EMPLOYER WITHHELD
 HOURS OF WORK TO EMPLOYEES FOR THE PURPOSE OF  REDUCING  THE  EMPLOYER'S
 OBLIGATIONS UNDER THIS ARTICLE. IF, AFTER THE OPPORTUNITY FOR A HEARING,
 THE  COMMISSIONER  DETERMINES THAT AN EMPLOYER WITHHELD HOURS OF WORK TO
 EMPLOYEES FOR THE PURPOSE OF REDUCING THE EMPLOYER'S  OBLIGATIONS  UNDER
 THIS  ARTICLE,  THE  COMMISSIONER  MAY, IN ADDITION TO ANY OTHER PENALTY
 AVAILABLE, ALSO REQUIRE THAT THE  EMPLOYER  PAY  THE  STANDARD  BENEFITS
 SUPPLEMENT  RATE  TO  ALL OF THE EMPLOYER'S EMPLOYEES, REGARDLESS OF THE
 NUMBER OF HOURS WORKED BY THE EMPLOYEES.
   § 697-H. CIVIL ACTION. 1. ON BEHALF OF ANY EMPLOYEE PAID LESS THAN THE
 RATE TO WHICH THE EMPLOYEE IS ENTITLED  UNDER  THE  PROVISIONS  OF  THIS
 ARTICLE,  THE COMMISSIONER MAY BRING ANY LEGAL ACTION NECESSARY, INCLUD-
 ING ADMINISTRATIVE ACTION, TO COLLECT SUCH CLAIM, AND THE EMPLOYER SHALL
 BE REQUIRED TO PAY THE FULL AMOUNT OF THE UNDERPAYMENT, PLUS COSTS,  AND
 UNLESS THE EMPLOYER PROVES A GOOD FAITH BASIS TO BELIEVE THAT ITS UNDER-
 PAYMENT  WAS  IN COMPLIANCE WITH THE LAW, AN ADDITIONAL AMOUNT AS LIQUI-
 DATED DAMAGES. LIQUIDATED DAMAGES SHALL BE CALCULATED BY THE COMMISSION-
 ER AS  NO  MORE  THAN  ONE  HUNDRED  PERCENT  OF  THE  TOTAL  AMOUNT  OF
 UNDERPAYMENTS FOUND TO BE DUE THE EMPLOYEE. IN ANY ACTION BROUGHT BY THE
 COMMISSIONER  IN  A  COURT OF COMPETENT JURISDICTION, LIQUIDATED DAMAGES
 SHALL BE CALCULATED AS AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF  UNDER-
 PAYMENTS FOUND TO BE DUE THE EMPLOYEE.
   2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, AN ACTION TO RECOVER
 UPON A LIABILITY IMPOSED BY THIS ARTICLE SHALL BE COMMENCED  WITHIN  SIX
 YEARS.  THE  STATUTE  OF  LIMITATIONS  SHALL  BE TOLLED FROM THE DATE AN
 EMPLOYEE FILES A COMPLAINT WITH THE  COMMISSIONER  OR  THE  COMMISSIONER
 COMMENCES  AN  INVESTIGATION,  WHICHEVER  IS  EARLIER, UNTIL AN ORDER TO
 COMPLY ISSUED BY THE COMMISSIONER BECOMES FINAL, OR  WHERE  THE  COMMIS-
 SIONER DOES NOT ISSUE AN ORDER, UNTIL THE DATE ON WHICH THE COMMISSIONER
 NOTIFIES THE COMPLAINANT THAT THE INVESTIGATION HAS CONCLUDED.
   3.  IN  ANY  CIVIL  ACTION BY THE COMMISSIONER, THE COMMISSIONER SHALL
 HAVE THE RIGHT TO COLLECT ATTORNEYS' FEES AND COSTS INCURRED IN  ENFORC-
 ING  ANY  COURT  JUDGMENT. ANY JUDGMENT OR COURT ORDER AWARDING REMEDIES
 UNDER THIS SECTION SHALL PROVIDE THAT IF ANY AMOUNTS REMAIN UNPAID  UPON
 THE  EXPIRATION OF NINETY DAYS FOLLOWING ISSUANCE OF JUDGMENT, OR NINETY
 DAYS AFTER EXPIRATION OF THE TIME TO APPEAL AND NO APPEAL  THEREFROM  IS
 THEN  PENDING,  WHICHEVER  IS  LATER, THE TOTAL AMOUNT OF JUDGMENT SHALL
 AUTOMATICALLY INCREASE BY FIFTEEN PERCENT.
 A. 6875                            10
 
   § 697-I. REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS
 AS HE OR SHE DEEMS APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ARTICLE
 AND TO SAFEGUARD MINIMUM COMPENSATION STANDARDS.
   § 697-J. SEVERABILITY CLAUSE. IF ANY PROVISION OF THIS ARTICLE, OR ANY
 APPLICATION  OF  ANY  PROVISION  OF THIS ARTICLE, IS HELD TO BE INVALID,
 THAT SHALL NOT  AFFECT  THE  VALIDITY  OR  EFFECTIVENESS  OF  ANY  OTHER
 PROVISION  OF THIS ARTICLE, OR OF ANY OTHER APPLICATION OF ANY PROVISION
 OF THIS ARTICLE, WHICH CAN BE GIVEN EFFECT  WITHOUT  THAT  PROVISION  OR
 APPLICATION;  AND  TO  THAT END, THE PROVISIONS AND APPLICATIONS OF THIS
 ARTICLE ARE SEVERABLE.
   § 7. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. INDOOR AIR QUALITY FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN
 THE  JOINT  CUSTODY  OF THE COMPTROLLER, THE COMMISSIONER OF HEALTH, THE
 PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY, AND THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL A FUND  TO  BE
 KNOWN AS THE INDOOR AIR QUALITY FUND.
   2. SUCH FUND SHALL CONSIST OF:
   (A)  ALL  MONETARY GRANTS RECEIVED BY THE STATE UNDER PARAGRAPH (Z) OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED ONE OF  THE  PUBLIC  HEALTH  LAW,
 SUBDIVISION  TWENTY-FOUR  OF  SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE
 PUBLIC AUTHORITIES LAW, AND PARAGRAPH (Q) OF SUBDIVISION ONE OF  SECTION
 FOURTEEN OF THE PUBLIC HOUSING LAW;
   (B)  ALL  MONETARY  FUNDING RECEIVED BY THE STATE THROUGH COORDINATION
 WITH LOCAL GOVERNMENT,  PRIVATE  SECTOR,  AND  NON-PROFIT  ORGANIZATIONS
 UNDER PARAGRAPH (Z) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ONE OF THE
 PUBLIC  HEALTH  LAW, SUBDIVISION TWENTY-FOUR OF SECTION EIGHTEEN HUNDRED
 FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW, AND PARAGRAPH (Q) OF  SUBDIVI-
 SION ONE OF SECTION FOURTEEN OF THE PUBLIC HOUSING LAW;
   (C) ALL MONETARY GIFTS OR BEQUESTS RECEIVED BY THE STATE FOR THE FUND;
 AND
   (D) ALL MONIES APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  MONEYS  OF  THE  FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES OF
 CARRYING OUT THE PROVISIONS OF TITLE THIRTEEN OF ARTICLE NINETEEN OF THE
 ENVIRONMENTAL CONSERVATION LAW AND SECTION TWENTY-EIGHT  OF  THE  PUBLIC
 SERVICE  LAW.  MONIES  SHALL  BE  PAID  OUT OF THE FUND ON THE AUDIT AND
 WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSION-
 ER OF HEALTH, THE PRESIDENT OF THE NEW YORK STATE  ENERGY  RESEARCH  AND
 DEVELOPMENT  AUTHORITY,  AND  THE  COMMISSIONER OF HOUSING AND COMMUNITY
 RENEWAL. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONIES  ON  DEPOSIT
 IN  THE  INDOOR AIR QUALITY FUND SHALL BE RETAINED IN AND BECOME PART OF
 SUCH FUND.
   4. ON OR BEFORE THE FIRST DAY OF APRIL EACH YEAR, THE COMMISSIONER  OF
 HEALTH, THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT  AUTHORITY,  AND  THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL
 SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF  THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY OUTLINING THE FUNDING SOURCES AND
 AMOUNTS  SECURED  FOR  THE  FUND  AND THE EXPENSES INCURRED BY THE FUND.
 SUCH REPORT SHALL ALSO CONTAIN  A  PLAN  OUTLINING  THE  STRATEGIES  AND
 ACTIONS  TO  BE  TAKEN TO SECURE THE NECESSARY FUNDING FOR THE LONG-TERM
 SUSTAINABILITY OF THE FUND.
   5. THE STATE SHALL MAKE NECESSARY APPROPRIATIONS TO ENSURE THE CONTIN-
 UATION OF THE FUND.
   § 8. Subdivision 1 of section 201 of the public health law is  amended
 by adding a new paragraph (z) to read as follows:
 A. 6875                            11
 
   (Z)  IDENTIFY  AND  APPLY FOR FEDERAL GRANTS AND FUNDING OPPORTUNITIES
 RELATED TO INDOOR AIR QUALITY IN REGARD TO PUBLIC HEALTH AND  COORDINATE
 WITH  LOCAL  GOVERNMENT, PRIVATE SECTOR, AND NON-PROFIT ORGANIZATIONS TO
 EXPLORE ADDITIONAL FUNDING OPPORTUNITIES RELATED TO INDOOR  AIR  QUALITY
 IN  REGARD  TO PUBLIC HEALTH. ALL SUCH GRANTS, FUNDING, AND OTHER MONIES
 RECEIVED BY THE STATE DUE TO ACTIONS TAKEN BY THE DEPARTMENT UNDER  THIS
 PARAGRAPH  SHALL  BE  DEPOSITED  INTO THE INDOOR AIR QUALITY FUND ESTAB-
 LISHED BY SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW.
   § 9. Section 1854 of the public authorities law is amended by adding a
 new subdivision 24 to read as follows:
   24. TO IDENTIFY AND APPLY FOR FEDERAL GRANTS AND FUNDING OPPORTUNITIES
 RELATED TO MICROGRIDS, ENERGY EFFICIENCY AND WEATHERIZATION, AND  INDOOR
 AIR QUALITY IN REGARD TO RENEWABLE ENERGY AND ENERGY CONSERVATION AND TO
 COORDINATE  WITH LOCAL GOVERNMENT, PRIVATE SECTOR, AND NON-PROFIT ORGAN-
 IZATIONS TO EXPLORE ADDITIONAL FUNDING OPPORTUNITIES RELATED  TO  MICRO-
 GRIDS,  ENERGY  EFFICIENCY AND WEATHERIZATION, AND INDOOR AIR QUALITY IN
 REGARD TO RENEWABLE ENERGY AND ENERGY  CONSERVATION.  ALL  SUCH  GRANTS,
 FUNDING,  AND OTHER MONIES RECEIVED BY THE STATE DUE TO ACTIONS TAKEN BY
 THE AUTHORITY UNDER THIS SUBDIVISION SHALL BE DEPOSITED INTO THE  INDOOR
 AIR  QUALITY  FUND  ESTABLISHED  BY  SECTION NINETY-NINE-QQ OF THE STATE
 FINANCE LAW.
   § 10. Subdivision 1 of section 14 of the public housing law is amended
 by adding a new subdivision (q) to read as follows:
   (Q) IDENTIFY AND APPLY FOR FEDERAL GRANTS  AND  FUNDING  OPPORTUNITIES
 RELATED TO INDOOR AIR QUALITY IN REGARD TO AFFORDABLE HOUSING AND COMMU-
 NITY  DEVELOPMENT  AND COORDINATE WITH LOCAL GOVERNMENT, PRIVATE SECTOR,
 AND NON-PROFIT ORGANIZATIONS TO EXPLORE ADDITIONAL FUNDING OPPORTUNITIES
 RELATED TO INDOOR AIR QUALITY IN REGARD TO AFFORDABLE HOUSING AND COMMU-
 NITY DEVELOPMENT. ALL SUCH GRANTS, FUNDING, AND OTHER MONIES RECEIVED BY
 THE STATE DUE TO ACTIONS TAKEN BY THE COMMISSIONER UNDER  THIS  SUBDIVI-
 SION  SHALL BE DEPOSITED INTO THE INDOOR AIR QUALITY FUND ESTABLISHED BY
 SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW.
   § 11. This act shall take effect immediately.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.