S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7586
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to assessments  of  heat-
   ing,  ventilation  and  air  conditioning  systems as part of building
   condition surveys for purposes of grant eligibility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph b and subparagraph 2 of paragraph c of subdivi-
 sion 4 of section 3641 of the education law, paragraph b as  amended  by
 section  27  of  part A-1 of chapter 58 of the laws of 2006 and subpara-
 graph 2 of paragraph c as amended by section 48 of part C of chapter  58
 of  the  laws  of 1998, are amended and a new subparagraph 3 is added to
 paragraph c to read as follows:
   b. Building condition surveys. To be  eligible  for  aid  pursuant  to
 subdivision  six-e  of  section  thirty-six hundred two of this article,
 building condition surveys shall be conducted by a licensed architect or
 licensed professional engineer performing under a state contract entered
 into pursuant to paragraph c  of  this  subdivision,  shall  assess  the
 condition  of all major building systems of a school building, and shall
 be in the form and contain the information prescribed by the commission-
 er. For purposes of this paragraph, "major building systems" shall  mean
 the  electrical,  plumbing,  heating,  ventilation  and air conditioning
 systems, and the roof and other major structural elements  of  a  school
 building.  FOR  THE  PURPOSES  OF  THIS PARAGRAPH, THE ASSESSMENT OF THE
 "HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS" SHALL BE BASED  UPON
 A  REPORT COMPLETED BY: (I) A CERTIFIED TESTING, ADJUSTING AND BALANCING
 (TAB) TECHNICIAN; OR (II) A WORKFORCE WHERE AT LEAST  SIXTY  PERCENT  OF
 THE CONSTRUCTION WORKERS ARE GRADUATES OF OR REGISTERED IN AND ATTENDING
 A  REGISTERED APPRENTICESHIP PROGRAM FOR THE APPLICABLE OCCUPATION UNDER
 THE SUPERVISION OF A CERTIFIED TESTING, ADJUSTING  AND  BALANCING  (TAB)
 TECHNICIAN; OR (III) A PERSON CERTIFIED TO PERFORM VENTILATION VERIFICA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11151-01-5
              

 A. 7586                             2
 
 TION  ASSESSMENTS  OF  HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS
 FROM AN ORGANIZATION  THAT  HAS  BEEN  ACCREDITED  UNDER  ISO/IEC  17024
 PERSONNEL  CERTIFICATION  STANDARD  IN  VENTILATION VERIFICATION ASSESS-
 MENTS.  THE REPORT ASSESSING THE HEATING, VENTILATION AND AIR CONDITION-
 ING  SYSTEMS SHALL CONTAIN THE INFORMATION OUTLINED IN THE SAMPLE VENTI-
 LATION VERIFICATION TEST SHEETS  LISTED  IN  THE  PREREQUISITE  SECTION,
 ADDITIONAL  GUIDANCE,  OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATION
 AND AIR CONDITIONING ENGINEERS (ASHRAE) TECHNICAL COMMITTEE 9.7,  EDUCA-
 TIONAL  FACILITIES DESIGN GUIDANCE FOR EDUCATIONAL FACILITIES: PRIORITI-
 ZATION FOR ADVANCED INDOOR AIR QUALITY, 2023 PUBLICATION, OR ITS SUCCES-
 SOR.
   (2) The commissioner is hereby authorized to enter into the  necessary
 contractual  agreements with architects and/or engineers AND/OR ENTITIES
 EMPLOYING: (I) CERTIFIED TESTING, ADJUSTING AND BALANCING (TAB)  TECHNI-
 CIANS;  OR  (II)  A  WORKFORCE  WHERE  AT  LEAST  SIXTY  PERCENT  OF THE
 CONSTRUCTION WORKERS ARE GRADUATES OF OR REGISTERED IN AND  ATTENDING  A
 REGISTERED  APPRENTICESHIP  PROGRAM  FOR THE APPLICABLE OCCUPATION UNDER
 THE SUPERVISION OF A CERTIFIED TESTING, ADJUSTING  AND  BALANCING  (TAB)
 TECHNICIAN; OR (III) A PERSON CERTIFIED TO PERFORM VENTILATION VERIFICA-
 TION  ASSESSMENTS  OF  HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS
 FROM AN ORGANIZATION  THAT  HAS  BEEN  ACCREDITED  UNDER  ISO/IEC  17024
 PERSONNEL CERTIFICATION STANDARD IN VENTILATION VERIFICATION ASSESSMENTS
 to  state-wide contracts to provide building construction surveys AND/OR
 REPORTS REQUIRED TO COMPLETE SUCH SURVEYS on  a  regional  basis  for  a
 fixed fee per square foot. Such building condition surveys shall be used
 to assist school districts with the development of their five-year capi-
 tal facilities plan.
   (3) THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  contained  in  any  part  of this act shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment  shall not affect, impair, or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  subdivision,  section  or part of this act contained in any part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall  have been rendered. It is hereby declared to be the intent of the
 legislature that this act would have been enacted even if  such  invalid
 provisions had not been included herein.
   § 3. This act shall take effect immediately.