S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2676--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1. Article 25 of the public health law is amended by adding a
 new title 4-A to read as follows:
                                TITLE IV-A
                       INDOOR AIR QUALITY IN SCHOOLS
 SECTION 2576. DEFINITIONS.
         2577. INDOOR AIR QUALITY INSPECTION AND EVALUATION PROGRAM.
         2578. BEST PRACTICES.
         2579. RULES AND REGULATIONS.
   § 2576. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
 HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
 WISE:
   1. "COVERED ENTITY" MEANS A  FACILITY  USED  FOR  (A)  INSTRUCTION  OF
 ELEMENTARY  OR SECONDARY STUDENTS BY: (I) ANY SCHOOL DISTRICT, INCLUDING
 A SPECIAL ACT SCHOOL DISTRICT AND A  CITY  SCHOOL  DISTRICT  IN  A  CITY
 HAVING  A  POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR
 MORE, (II) A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (III) A  CHARTER
 SCHOOL,  (IV)  AN  APPROVED PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS
 WITH DISABILITIES, (V) A STATE-SUPPORTED SCHOOL FOR THE  DEAF  OR  BLIND
 OPERATED  PURSUANT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, AND (VI)
 ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR SECONDARY SCHOOL;  AND  (B)
 PRE-KINDERGARTEN PROGRAMS.
   2.  "HAZARDOUS  SUBSTANCES"  MEANS ANY SUBSTANCE LISTED AS A SUBSTANCE
 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
 
 PROMULGATED  PURSUANT  TO  ARTICLE  THIRTY-SEVEN  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW  AND INCLUDES LEAD, RADON, ASBESTOS, FORMALDEHYDE, AND
 VOLATILE ORGANIC COMPOUNDS EXCEEDING A SPECIFIED AMOUNT AS DESIGNATED BY
 THE COMMISSIONER.
   § 2577. INDOOR AIR QUALITY INSPECTION AND EVALUATION PROGRAM. 1. WITH-
 IN  ONE  YEAR  OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL
 ESTABLISH AN INDOOR AIR QUALITY PROGRAM.
   2. THE INDOOR AIR QUALITY PROGRAM ESTABLISHED PURSUANT TO  SUBDIVISION
 ONE OF THIS SECTION SHALL REQUIRE THE DEPARTMENT TO:
   (A) PROMULGATE REGULATIONS FOR INSPECTIONS, EVALUATIONS, NOTIFICATIONS
 AND BEST PRACTICES TO IMPROVE INDOOR AIR QUALITY IN COVERED ENTITIES;
   (B)  ENTER INTO ANY NECESSARY INTERAGENCY AGREEMENTS TO COORDINATE THE
 INDOOR AIR QUALITY PROGRAM;
   (C) INSPECT A COVERED  ENTITY,  UPON  THEIR  OWN  INITIATIVE  OR  UPON
 COMPLAINT  TO THE DEPARTMENT REGARDING THE QUALITY OF AIR IN THE COVERED
 ENTITY, UNLESS THE ISSUE OR CONDITION RAISED IN SUCH COMPLAINT HAS  BEEN
 THE SUBJECT OF A PREVIOUS INSPECTION BY THE DEPARTMENT AND IS CONSIDERED
 TO  BE  SATISFACTORILY  RESOLVED  OR SUCH ISSUE OR CONDITION HAS ALREADY
 BEEN MADE AWARE TO THE DEPARTMENT AND AN  INSPECTION  HAS  ALREADY  BEEN
 SCHEDULED OR COMPLETED;
   (D) PROVIDE RESULTS OF AN INSPECTION WITH THE DEPARTMENT OF EDUCATION,
 THE SUPERINTENDENT, SCHOOL ADMINISTRATOR, OR SUPERVISOR OF THE SCHOOL IN
 WHICH THE INSPECTION WAS CONDUCTED, THE APPROPRIATE LOCAL HEALTH AUTHOR-
 ITY, AND ANY OTHER PERSON OR DEPARTMENT THE DEPARTMENT DEEMS NECESSARY;
   (E)  ASSIST  THE  COVERED  ENTITY  IN  DEVELOPING A REASONABLE PLAN TO
 IMPROVE AIR QUALITY CONDITIONS FOUND IN THE INSPECTION; AND
   (F) DEVELOP AND IMPLEMENT  PUBLIC  EDUCATION  AND  COMMUNITY  OUTREACH
 PROGRAMS ON INDOOR AIR QUALITY AND RISK REDUCTION.
   3. AFTER INSPECTION, THE DEPARTMENT SHALL PREPARE A REPORT THAT:
   (A) DESCRIBES THE DEPARTMENT'S FINDINGS;
   (B)  DESCRIBES  WHETHER  THE TEST RESULTS EXCEED THE INDOOR AIR GUIDE-
 LINES ESTABLISHED BY THE  DEPARTMENT  OR  THE  OCCUPATIONAL  SAFETY  AND
 HEALTH ADMINISTRATION GUIDELINES FOR INDOOR AIR QUALITY;
   (C)  IDENTIFIES ANY CONDITIONS THAT ARE CONTRIBUTING OR COULD CONTRIB-
 UTE TO POOR INDOOR AIR QUALITY AT THE COVERED  ENTITY  INCLUDING  CARBON
 DIOXIDE  LEVELS; HUMIDITY; EVIDENCE OF MOLD OR WATER DAMAGE; EVIDENCE OF
 HAZARDOUS SUBSTANCES; AND EXCESS DUST; AND
   (D) PROVIDES GUIDANCE ON STEPS THE COVERED ENTITY MAY TAKE TO  IMPROVE
 INDOOR AIR QUALITY.
   4.  A  COMPLAINT  REGARDING THE INDOOR AIR QUALITY OF A COVERED ENTITY
 SHALL BE IN WRITING AND SENT TO THE  DEPARTMENT.  THE  DEPARTMENT  SHALL
 INSPECT SUCH COVERED ENTITY PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO
 OF THIS SECTION.
   § 2578. BEST  PRACTICES.  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL  DISTRIBUTE  A  GUIDANCE
 DOCUMENT  OF  BEST  PRACTICES FOR MANAGING INDOOR AIR QUALITY AT COVERED
 ENTITIES AS DESCRIBED IN THIS TITLE. THE DEPARTMENT MAY USE A MANUAL  ON
 INDOOR  AIR  QUALITY  IN COVERED ENTITIES DEVELOPED BY FEDERAL HEALTH OR
 ENVIRONMENTAL AGENCIES OR  ANOTHER  STATE.  THE  DEPARTMENT,  AS  DEEMED
 NECESSARY BY THE COMMISSIONER, SHALL PERIODICALLY REVIEW AND REVISE SUCH
 GUIDANCE  DOCUMENT  TO  ASSURE  THAT THE DOCUMENT CONTINUES TO REPRESENT
 BEST PRACTICES AVAILABLE TO COVERED ENTITIES.
   § 2579. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES
 AND REGULATIONS IN CONSULTATION WITH THE COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION TO EFFECTUATE THE REQUIREMENTS OF THIS TITLE.
 S. 2676--A                          3
 
   § 2. Subdivision 1 of section 3-0301 of the environmental conservation
 law is amended by adding a new paragraph ii to read as follows:
   II.  COOPERATE  WITH  THE  PUBLIC  HEALTH  DEPARTMENT  TO COMPLETE THE
 REQUIREMENTS OF TITLE FOUR-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH
 LAW.
   § 3. This act shall take effect immediately.