S T A T E O F N E W Y O R K
________________________________________________________________________
5347
2025-2026 Regular Sessions
I N A S S E M B L Y
February 13, 2025
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the public health law, the environmental conservation
law and the education law, in relation to air quality in schools and
student health
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 4-A
INDOOR AIR QUALITY AND VAPING IN SCHOOLS
SECTION 2576. DEFINITIONS.
2577. INDOOR AIR QUALITY INSPECTION, MEASUREMENT AND EVALUATION
PROGRAM.
2578. VAPING DETECTORS.
2579. INDOOR AIR QUALITY MONITORS.
2580. BEST PRACTICES.
2581. 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 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,
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
PROMULGATED PURSUANT TO ARTICLE THIRTY-SEVEN OF THE ENVIRONMENTAL
CONSERVATION LAW AND SHALL INCLUDE LEAD, RADON, ASBESTOS, FORMALDEHYDE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09035-01-5
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AND VOLATILE ORGANIC COMPOUNDS EXCEEDING A SPECIFIED AMOUNT AS DESIG-
NATED BY THE COMMISSIONER.
3. "VAPING" MEANS THE ACT OF INHALING AND EXHALING THE AEROSOL, OFTEN
REFERRED TO AS VAPOR, WHICH IS PRODUCED BY AN E-CIGARETTE OR SIMILAR
DEVICE.
4. "VAPING DETECTOR" MEANS A DEVICE CAPABLE OF DETECTING VAPOR FROM
VAPING DEVICES AND WHICH ALERTS PEOPLE TO THE PRESENCE OF VAPOR FROM
VAPING DEVICES.
5. "INDOOR AIR QUALITY MONITOR" REFERS TO EQUIPMENT THAT SHALL CONTIN-
UOUSLY MEASURE IN REAL TIME THE INDOOR AIR QUALITY IN SCHOOLS USING A
SERIES OF FIXED SENSORS THAT ARE NEITHER HANDHELD NOR MOBILE AND ABLE TO
MEASURE AT A MINIMUM PARTICULATE MATTER LEVELS FROM 0.3 - 10 MICRON,
TOTAL VOLATILE ORGANIC COMPOUNDS, TEMPERATURE, HUMIDITY AND CARBON DIOX-
IDE, THAT HAS BEEN AWARDED PERFORMANCE VALIDATION BY AN ISO 17065
ACCREDITED CERTIFYING BODY IN AN ISO 17025 ACCREDITED LABORATORY.
§ 2577. INDOOR AIR QUALITY INSPECTION, MEASUREMENT AND EVALUATION
PROGRAM. 1. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE
DEPARTMENT SHALL ESTABLISH AN INDOOR AIR QUALITY INSPECTION, MEASUREMENT
AND EVALUATION PROGRAM.
2. THE INDOOR AIR QUALITY INSPECTION, MEASUREMENT AND EVALUATION
PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
REQUIRE THE DEPARTMENT TO:
(A) PROMULGATE REGULATIONS FOR CONTINUOUS MEASUREMENT OF INDOOR AIR
QUALITY, 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 AND MEASURE THE INDOOR AIR QUALITY AND VAPING DETECTORS IN
THE 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 SATIS-
FACTORILY 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 AIR QUALITY DATA COLLECTED BY THE MONITORS TO
THE BUILDING AND DISTRICT LEADER;
(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, BUT NOT
LIMITED TO, 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.
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§ 2578. VAPING DETECTORS. NOTWITHSTANDING THE REQUIREMENTS OF SECTION
TWENTY-FIVE HUNDRED SEVENTY-SEVEN OF THIS TITLE, BEGINNING WITH THE
SCHOOL YEAR COMMENCING AFTER THE EFFECTIVE DATE OF THIS TITLE, COVERED
ENTITIES THAT HAVE ONE THOUSAND OR MORE STUDENTS ENROLLED SHALL INSTALL
AND MONITOR VAPING DETECTORS WITHIN THE COVERED ENTITY. VAPING DETECTORS
SHALL BE INSTALLED IN ALL STUDENT BATHROOMS AND COMMON AREAS IN SUCH
COVERED ENTITIES, IN ADDITION TO ANY OTHER LOCATION THAT THE COVERED
ENTITY MAY DETERMINE IS APPROPRIATE.
§ 2579. INDOOR AIR QUALITY MONITORS. NOTWITHSTANDING THE REQUIREMENTS
OF SECTION TWENTY-FIVE HUNDRED SEVENTY-SEVEN OF THIS TITLE, BEGINNING
WITH THE SCHOOL YEAR COMMENCING AFTER THE EFFECTIVE DATE OF THIS TITLE,
COVERED ENTITIES THAT HAVE ONE THOUSAND OR MORE STUDENTS ENROLLED MUST
INSTALL AND MONITOR FIXED INDOOR AIR QUALITY MONITORS WITHIN THE COVERED
ENTITY. INDOOR AIR QUALITY MONITORS, AS DEFINED IN SECTION TWENTY-FIVE
HUNDRED SEVENTY-SIX OF THIS TITLE SHALL BE FIXED AND INSTALLED IN ALL
STUDENT CLASSROOMS AND COMMON AREAS IN SUCH COVERED ENTITIES, IN ADDI-
TION TO ANY OTHER LOCATION THAT THE COVERED ENTITY MAY DETERMINE IS
APPROPRIATE.
§ 2580. BEST PRACTICES. THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL DISTRIBUTE A GUIDANCE
DOCUMENT OF BEST PRACTICES FOR CONTINUOUS INDOOR AIR QUALITY MONITORING
SYSTEMS FOR MANAGING AND MEASURING INDOOR AIR QUALITY AT COVERED ENTI-
TIES 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 AND MINIMUM STANDARDS AVAILABLE TO COVERED ENTITIES.
§ 2581. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS IN CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION AND THE STATE EDUCATION COMMISSIONER TO EFFECTUATE THE
REQUIREMENTS OF THIS TITLE.
§ 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 DEPARTMENT OF HEALTH TO COMPLETE THE REQUIRE-
MENTS OF TITLE FOUR-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW.
§ 3. Section 305 of the education law is amended by adding a new
subdivision 63 to read as follows:
63. THE COMMISSIONER SHALL COLLABORATE WITH THE DEPARTMENT OF HEALTH
TO DEVELOP GUIDANCE CONSISTENT WITH THE REQUIREMENTS OF TITLE FOUR-A OF
ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND SHALL DISSEMINATE SUCH
GUIDANCE TO EVERY SCHOOL DISTRICT. THE COMMISSIONER SHALL ALSO REQUIRE
THAT EACH SCHOOL DISTRICT VERIFY THAT COVERED ENTITIES, AS DEFINED IN
TITLE FOUR-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW, ARE
INSTALLING AND MAINTAINING VAPING DETECTORS AND INDOOR AIR QUALITY MONI-
TORING.
§ 4. Section 3602 of the education law is amended by adding a new
subdivision 6-j to read as follows:
6-J. A. BUILDING AID FOR VAPING DETECTION AND CONTINUOUS INDOOR AIR
QUALITY MONITORING. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A
SCHOOL DISTRICT PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMIS-
SIONER IS HEREBY AUTHORIZED TO APPORTION TO ANY SCHOOL DISTRICT ADDI-
TIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION FOR ITS APPROVED
EXPENDITURES IN THE BASE YEAR FOR THE PURCHASE OF VAPING DETECTORS AND
CONTINUOUS INDOOR AIR QUALITY MONITORS REQUIRED PURSUANT TO SECTION
TWENTY-FIVE HUNDRED SEVENTY-EIGHT OF THE PUBLIC HEALTH LAW AND AS
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DEFINED IN SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH
LAW, OR OTHER AIR QUALITY, HEALTH AND SAFETY DEVICES APPROVED BY THE
COMMISSIONER. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE A SPECIAL COST
ALLOWANCE FOR SUCH VAPING DETECTORS AND CONTINUOUS INDOOR AIR QUALITY
MONITORING SYSTEMS, AND THE APPROVED EXPENDITURES SHALL NOT EXCEED SUCH
COST ALLOWANCE.
B. FOR PROJECTS AUTHORIZED TO RECEIVE ADDITIONAL BUILDING AID PURSUANT
TO THIS SUBDIVISION FOR THE PURCHASE, INSTALLATION AND MAINTENANCE OF
VAPING DETECTORS AND INDOOR AIR QUALITY MONITORING ON OR AFTER THE FIRST
DAY OF JULY NEXT SUCCEEDING THE DATE THIS SUBDIVISION TAKES EFFECT, SUCH
ADDITIONAL AID SHALL EQUAL THE PRODUCT OF (I) THE BUILDING AID RATIO
COMPUTED FOR USE IN THE CURRENT YEAR PURSUANT TO PARAGRAPH C OF SUBDIVI-
SION SIX OF THIS SECTION PLUS TEN PERCENT, EXCEPT THAT IN NO CASE SHALL
THIS AMOUNT EXCEED ONE HUNDRED PERCENT, AND (II) THE ACTUAL APPROVED
EXPENDITURES INCURRED IN THE BASE YEAR PURSUANT TO THIS SUBDIVISION,
PROVIDED THAT THE LIMITATIONS ON COST ALLOWANCES PRESCRIBED BY PARAGRAPH
A OF SUBDIVISION SIX OF THIS SECTION SHALL NOT APPLY. THE COMMISSIONER
SHALL ANNUALLY PRESCRIBE A SPECIAL COST ALLOWANCE FOR VAPING DETECTORS
AND INDOOR AIR QUALITY MONITORING AND THE APPROVED EXPENDITURES SHALL
NOT EXCEED SUCH COST ALLOWANCE.
§ 5. This act shall take effect immediately.