S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8886
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to indoor air quality
   in ice skating rinks
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 13 of the public health law is amended by adding a
 new title 14 to read as follows:
                                  TITLE 14
                  INDOOR AIR QUALITY IN ICE SKATING RINKS
 SECTION 1389-HH. DEFINITIONS.
         1389-II. CERTIFICATE OF ACCEPTABLE AIR QUALITY.
         1389-JJ. MAINTENANCE OF ACCEPTABLE AIR QUALITY.
         1389-KK. RULES AND REGULATIONS; RECORDKEEPING; PENALTIES.
   § 1389-HH. DEFINITIONS. AS USED IN THIS TITLE: 1. "AIR QUALITY MEASUR-
 ING DEVICE" MEANS PUMP AND COLORIMETRIC TUBE OR ELECTRONIC  DIRECT  READ
 GAS  DETECTION  EQUIPMENT,  OR  ANY  SIMILAR  EQUIPMENT  APPROVED BY THE
 COMMISSIONER, UTILIZED FOR THE SAMPLING AND MEASUREMENT OF CARBON MONOX-
 IDE AND NITROGEN DIOXIDE, WHICH EQUIPMENT SHALL BE CAPABLE OF  MEASURING
 CARBON  MONOXIDE  AIR CONCENTRATIONS IN A RANGE FROM ZERO TO ONE HUNDRED
 FIFTY PARTS PER MILLION WITH A RESOLUTION OF ONE PARTS PER  MILLION,  OR
 MEASURING NITROGEN OXIDE AIR CONCENTRATIONS IN A RANGE FROM ZERO TO FIVE
 PARTS PER MILLION WITH A RESOLUTION OF ONE-TENTH PARTS PER MILLION.
   2. "CORRECTION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A
 SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CONCENTRATIONS
 OF  MORE THAN THIRTY PARTS PER MILLION BUT LESS THAN ONE HUNDRED TWENTY-
 FIVE PARTS PER MILLION OF CARBON MONOXIDE OR MORE THAN FIVE-TENTHS PARTS
 PER MILLION BUT LESS THAN TWO PARTS PER MILLION OF NITROGEN DIOXIDE.
   3. "NOTIFICATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN
 A SINGLE AIR SAMPLE DETECTS THE PRESENCE IN  AN  ICE  ARENA  OF  CONCEN-
 TRATIONS OF MORE THAN SIXTY PARTS PER MILLION OF CARBON MONOXIDE OR MORE
 THAN  ONE  PART PER MILLION OF NITROGEN DIOXIDE, OR WHEN SIX CONSECUTIVE
 SAMPLES DETECT THE PRESENCE IN AN ICE ARENA OF  CONCENTRATIONS  OF  MORE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14059-01-4
              

 A. 8886                             2
 
 THAN  THIRTY  PARTS  PER  MILLION  OF CARBON MONOXIDE OR MORE THAN FIVE-
 TENTHS PARTS PER MILLION OF NITROGEN DIOXIDE.
   4. "EVACUATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A
 SINGLE  AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CARBON MONOX-
 IDE AT CONCENTRATIONS OF ONE  HUNDRED  TWENTY-FIVE  OR  MORE  PARTS  PER
 MILLION  OR  OF  NITROGEN DIOXIDE AT CONCENTRATIONS OF TWO OR MORE PARTS
 PER MILLION.
   5. "FOLLOW-UP AIR SAMPLE" MEANS AN AIR SAMPLE THAT IS TAKEN AS PART OF
 A CORRECTIVE ACTION PURSUANT TO THIS TITLE 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 A CORRECTION
 AIR  LEVEL, NOTIFICATION AIR LEVEL OR EVACUATION AIR LEVEL FOR EITHER OF
 THESE SUBSTANCES TO BE MET OR EXCEEDED.
   6. "ICE ARENA" MEANS ANY BUILDING WHICH HAS A ROOF AND FULLY  ENCLOSED
 SIDES AND WHICH CONTAINS AN ICE RINK.
   7.  "ICE  EDGING  EQUIPMENT"  MEANS POWER EQUIPMENT USED TO MODIFY THE
 PERIMETER OF AN ICE SHEET.
   8. "OFFICER" MEANS THE COMMISSIONER, THE HEALTH COMMISSIONER OF A CITY
 WITH A POPULATION OF OVER FIFTY THOUSAND, THE HEALTH COMMISSIONER  OF  A
 COUNTY  OR  PART-COUNTY HEALTH DISTRICT, THE STATE DISTRICT HEALTH OFFI-
 CER, IN WHOSE JURISDICTION AN ICE ARENA IS LOCATED,  ANY  COUNTY  HEALTH
 DIRECTOR  HAVING  ALL  THE POWERS AND DUTIES PRESCRIBED IN SECTION THREE
 HUNDRED FIFTY-TWO OF THIS CHAPTER, THE STATE DISTRICT SANITARY  ENGINEER
 OR  A  GRADE  ONE  PUBLIC  HEALTH  ADMINISTRATOR QUALIFIED AND APPOINTED
 PURSUANT TO PART ELEVEN OF THE SANITARY  CODE  AND  SERVING  AS  PRIMARY
 ADMINISTRATOR  OF  ALL HEALTH PROGRAMS IN A COUNTY OR PART-COUNTY HEALTH
 DISTRICT.
   9. "OPERATOR" MEANS AN OWNER OR ANOTHER PERSON DESIGNATED BY AN  OWNER
 TO BE RESPONSIBLE FOR THE DAY-TO-DAY OPERATION OF AN ICE ARENA.
   10.  "OWNER"  MEANS  THE  PERSON HAVING LEGAL TITLE TO THE PROPERTY OR
 BUILDING IN WHICH AN ICE ARENA IS LOCATED. FOR THE PURPOSES  OF  PUBLIC-
 LY-OWNED  PROPERTY,  "OWNER"  MEANS  THE  CHIEF EXECUTIVE OFFICER OF THE
 PUBLIC ENTITY THAT OWNS, LEASES OR CONTROLS THE USE OF THE PROPERTY.
   11. "RESURFACING MACHINE" MEANS AN INTERNAL COMBUSTION  ENGINE-POWERED
 MACHINE THAT IS USED TO MODIFY THE SURFACE OF AN ICE RINK.
   12.  "RESURFACING  EQUIPMENT"  MEANS  ONE OR MORE RESURFACING MACHINES
 AND/OR ICE EDGING EQUIPMENT.
   § 1389-II. CERTIFICATE OF ACCEPTABLE AIR QUALITY. 1. NO  PERSON  SHALL
 OPERATE  AN  ICE ARENA IN WHICH A RESURFACING MACHINE IS USED UNLESS THE
 OFFICER 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.
   2. THE OFFICER MAY SUSPEND, MODIFY OR REVOKE A CERTIFICATE OF ACCEPTA-
 BLE AIR QUALITY FOR CAUSE, OR FOR A VIOLATION OF THE PROVISIONS OF  THIS
 TITLE OR ANY RULES OR REGULATIONS ADOPTED THERETO.
   3. THE FEE FOR A CERTIFICATE SHALL BE TWO HUNDRED DOLLARS.
   4.  THE  OFFICER  MAY  REQUIRE THE OPERATOR TO PERFORM ANY PRELIMINARY
 TESTS OF AIR QUALITY THAT HE OR SHE DETERMINES TO BE NECESSARY IN  ORDER
 TO  CHARACTERIZE  THE  POTENTIAL  FOR EXPOSURE OF ICE ARENA OCCUPANTS TO
 CARBON MONOXIDE AND NITROGEN DIOXIDE.
   § 1389-JJ. MAINTENANCE OF ACCEPTABLE AIR QUALITY.  1.  ACCEPTABLE  AIR
 QUALITY CONDITIONS SHALL BE MAINTAINED WITHIN AN ICE ARENA AT ALL TIMES.
   2.  IN  ORDER  TO DETERMINE AND MONITOR AIR QUALITY IN ACCORDANCE WITH
 THIS TITLE, THE OPERATOR SHALL EMPLOY ONE OR MORE AIR QUALITY  MEASURING
 DEVICES ON A DAILY BASIS IN THE ICE ARENA. THE RESULTS OF THE AIR QUALI-
 TY  SAMPLE  SHALL BE RECORDED IN AN AIR QUALITY RECORD LOG IN ACCORDANCE
 A. 8886                             3

 WITH SECTION THIRTEEN HUNDRED EIGHTY-NINE-KK OF THIS  TITLE.  IF  DEEMED
 NECESSARY  OR  APPROPRIATE,  THE  OFFICER  MAY  REQUIRE  THE OPERATOR TO
 INSTALL ADDITIONAL DEVICES OR USE ANOTHER TYPE OF AIR QUALITY  MEASURING
 DEVICE.
   3.  THE  OFFICER  AT  ANY  REASONABLE  TIME MAY ENTER AN ICE ARENA AND
 CONDUCT AN ON-SITE INSPECTION OF AIR QUALITY, INCLUDING BUT NOT  LIMITED
 TO AFTER HAVING RECEIVED A COMPLAINT OF ELEVATED LEVELS OF CARBON MONOX-
 IDE  OR  NITROGEN DIOXIDE.   FAILURE TO PERMIT SUCH ENTRY AND INSPECTION
 SHALL BE GROUNDS FOR THE IMMEDIATE REVOCATION OF THE CERTIFICATE OF  AIR
 QUALITY.
   4. IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOXIDE OR
 NITROGEN DIOXIDE AT CONCENTRATIONS WITHIN THE CORRECTION AIR LEVEL STAN-
 DARD,  THE  OPERATOR  SHALL IMMEDIATELY INCREASE THE VENTILATION RATE IN
 THE ICE ARENA THROUGH ANY APPROPRIATE AND SAFE MEANS, AND SHALL CONTINUE
 TO PROVIDE SUCH INCREASED  VENTILATION  UNTIL  A  FOLLOW-UP  AIR  SAMPLE
 DETERMINES  THAT  THE LEVELS OF CARBON MONOXIDE AND NITROGEN DIOXIDE ARE
 BELOW THE CORRECTION AIR LEVEL. SUCH  FOLLOW-UP  AIR  SAMPLES  SHALL  BE
 TAKEN  IN  INTERVALS  OF  TWENTY MINUTES OR LESS AND THE RESULTS OF EACH
 SUCH SAMPLE SHALL BE RECORDED IN THE AIR QUALITY RECORD LOG.
   5. IF AN AIR QUALITY SAMPLE OR SERIES OF SAMPLES DETECTS THE  PRESENCE
 OF CARBON MONOXIDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE
 NOTIFICATION AIR LEVEL STANDARD, THE OPERATOR SHALL IMMEDIATELY INCREASE
 THE  VENTILATION  RATE  AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION,
 AND SHALL ADDITIONALLY:
   (A) TAKE AT LEAST ONE OF THE FOLLOWING LONG-TERM CORRECTIVE MEASURES:
   (I) MAKE VENTILATION SYSTEM IMPROVEMENTS TO INCREASE  THE  VENTILATION
 RATE ON A LONG-TERM BASIS;
   (II)  WARM UP RESURFACING EQUIPMENT OUTSIDE THE BUILDING OR IN A SEPA-
 RATE AREA WITH A LOCAL EXHAUST SYSTEM TO VENT EXHAUST OUTSIDE;
   (III) RETUNE AND/OR REPAIR RESURFACING  MACHINES  IN  ACCORDANCE  WITH
 MANUFACTURER RECOMMENDATIONS TO REDUCE EMISSIONS;
   (IV) REDUCE ICE EDGING TIME;
   (V)  REPLACE ICE EDGING EQUIPMENT WITH EQUIPMENT PRODUCING LOWER EMIS-
 SIONS;
   (VI) INSTALL A VERTICAL EXHAUST PIPE THE TOP OF  WHICH  EXTENDS  ABOVE
 THE HIGHEST POINT OF THE ICE RESURFACER;
   (VII) INSTALL CATALYTIC CONVERTERS ON RESURFACING EQUIPMENT;
   (VIII)  INSTALL  OXYGEN  SENSORS  ON RESURFACING EQUIPMENT TO REGULATE
 FUEL LEANNESS OR RICHNESS;
   (IX) DECREASE RESURFACING SCHEDULES;
   (X)  CONVERT  RESURFACING  EQUIPMENT  TO  ELECTRIC  POWER  OR  ACQUIRE
 REPLACEMENT ELECTRICALLY-POWERED RESURFACING EQUIPMENT; AND/OR
   (XI)  TAKE  OTHER ACTIONS THAT ARE DEMONSTRATED TO REDUCE THE LEVEL OF
 EMISSIONS OF CARBON MONOXIDE OR NITROGEN DIOXIDE IN ICE ARENAS; AND
   (B) NOTIFY THE OFFICER  WITHIN  SEVENTY-TWO  HOURS  OF  THE  DATE  THE
 NOTIFICATION AIR LEVEL WAS DETECTED, THE RESULTS OF THE SAMPLE DETECTING
 SUCH  LEVELS  AND  THE  FOLLOW-UP SAMPLES, AND THE CORRECTIVE MEASURE OR
 MEASURES TAKEN.
   6. (A) IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON  MONOX-
 IDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE EVACUATION AIR
 LEVEL STANDARD, THE OPERATOR SHALL:
   (I)  IMMEDIATELY  EVACUATE  ALL OCCUPANTS FROM THE INTERIOR OF THE ICE
 ARENA;
   (II) CONTACT LOCAL FIRE OR EMERGENCY  MEDICAL  PERSONNEL  AS  SOON  AS
 POSSIBLE TO ASSIST IN EVACUATION AND HAZARD ASSESSMENT; AND
   (III) NOTIFY THE OFFICER UPON COMPLETION OF THE EVACUATION.
 A. 8886                             4

   (B) THE ICE ARENA SHALL NOT BE REOCCUPIED UNTIL AND UNLESS:
   (I)  THREE  CONSECUTIVE  AIR SAMPLES TAKEN WITHIN A PERIOD OF NOT MORE
 THAN THREE HOURS INDICATE THAT THE LEVELS OF CARBON MONOXIDE AND  NITRO-
 GEN DIOXIDE HAVE BEEN REDUCED BELOW THE CORRECTION AIR LEVEL;
   (II)  SUCH ACCEPTABLE LEVELS OF CARBON MONOXIDE HAVE BEEN CONFIRMED BY
 ONE OR MORE INDEPENDENT MEASUREMENTS TAKEN BY THE LOCAL FIRE  DEPARTMENT
 AND/OR THE OFFICER; AND
   (III) APPROPRIATE LONG-TERM CORRECTIVE MEASURES AS SPECIFIED IN SUBDI-
 VISION FIVE OF THIS SECTION HAVE BEEN TAKEN OR ARE INCLUDED IN A PLAN OF
 CORRECTIVE ACTION SUBMITTED TO AND APPROVED BY THE OFFICER.
   §  1389-KK.  RULES  AND  REGULATIONS; RECORDKEEPING; PENALTIES. 1. THE
 COMMISSIONER SHALL ADOPT ANY RULES AND REGULATIONS NECESSARY  TO  IMPLE-
 MENT  THE  PROVISIONS  OF  THIS  TITLE. SUCH RULES AND REGULATIONS SHALL
 AUTHORIZE OFFICERS TO GRANT VARIANCES  FROM  THE  REQUIREMENTS  OF  THIS
 TITLE AND SUCH RULES AND REGULATIONS WHEN STRICT COMPLIANCE WOULD RESULT
 IN  HARDSHIP  AND  PROVIDED  THAT  PUBLIC  HEALTH AND SAFETY WILL NOT BE
 ENDANGERED THEREBY. ANY VARIANCE MAY  INCLUDE  SUCH  CONDITIONS  AS  THE
 OFFICER DEEMS APPROPRIATE.
   2. EACH OPERATOR SHALL MAINTAIN AN AIR QUALITY RECORD LOG IN SUCH FORM
 AS THE COMMISSIONER SHALL PRESCRIBE, WHICH SHALL INCLUDE:
   (I)  INFORMATION  ON  ANY  RESURFACING  MACHINES AND OTHER RESURFACING
 EQUIPMENT USED IN THE ICE ARENA;
   (II) INFORMATION ON ANY AIR QUALITY MEASURING DEVICES USED IN THE  ICE
 ARENA,  INCLUDING  INFORMATION  ON  MAINTENANCE  AND CALIBRATION OF SUCH
 DEVICES;
   (III) THE RESULTS OF ALL AIR QUALITY  SAMPLES  AND  FOLLOW-UP  SAMPLES
 TAKEN PURSUANT TO THIS TITLE;
   (IV) ANY LONG-TERM CORRECTIVE MEASURES TAKEN PURSUANT TO THIS TITLE;
   (V)  INFORMATION ON ANY EVACUATIONS UNDERTAKEN PURSUANT TO THIS TITLE;
 AND
   (VI) ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER.
   3. THE COMMISSIONER OR THE OFFICIAL MAY MAKE PROVISIONS  FOR  ALTERNA-
 TIVE  MEANS OF PROVIDING ANY OF THE INFORMATION IN AN AIR QUALITY RECORD
 LOG ELECTRONICALLY.
   4. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS
 TITLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN  SUBDIVISION  ONE  OF
 SECTION  TWELVE  OF THIS CHAPTER.   ANY OTHER OFFICER MAY IMPOSE A CIVIL
 PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN AMOUNT NOT TO EXCEED  THAT
 SET  FORTH  IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
 NINE OF THIS CHAPTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.