NY State Senate Bill 2025-S4541

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2025	referred to health

2025-S4541 (ACTIVE) - Details

See Assembly Version of this Bill:: A5347
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 25 Title 4-A §§2576 - 2581, amd §3-0301, En Con L; amd §§305 & 3602, Ed L

2025-S4541 (ACTIVE) - Summary

Establishes an indoor air quality inspection, measurement and evaluation program; defines terms; makes related provisions.

2025-S4541 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4541

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect our children, this bill will require certain schools to
install vape detectors and air quality monitors, and provides for
increased building aid for such expenditures.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new title in the public health law enti-
tled Indoor Air Quality and Vaping in Schools which, among other things,
establishes an air quality and vaping monitoring program and mandates
schools install equipment in furtherance of that effort.

Section 2 of the bill amends the environmental conservation law to
ensure that the Department of Environmental Conservation Commissioner
collaborates with the Department of Health Commissioner to implement
these requirements.

Section 3 of the bill amends the education law to ensure that the State
Education Department collaborates with the Health Commissioner to imple-
ment the new requirements.

Section 4 of the bill amends the education law to establish a mechanism
for increased building aid for vaping detection and continuous indoor
air quality monitoring.

Section 5 of the bill sets the effective date.

 
JUSTIFICATION:

A December 2024 study issued by the New York State Quitline in conjunc-
tion with Roswell Park Comprehensive Cancer Center concluded that 64% of
New York's healthcare professionals continue to believe that there is a
youth vaping crisis. Modern vape products are made to be more appealing
to young people based on price and the potency of nicotine. Schools are
regularly identifying vape products are being used in the classroom;
teachers have to watch for and then attempt to confiscate the products
so that students can learn effectively. The mass amount of vaping is
affecting New York children health and preventing learning and studies
indicate that the number of children that started using vapes has nearly
tripled in recent years.

The use of these vapes has shown us how dangerous vaping can be due to
the increased cases of children having problems breathing, and in the
worst-case scenarios, children dying. Anything that results in an unna-
tural death is something that should be scrutinized and handled in an
appropriate manner. When an adult or a child vapes, it may affect the
use of his or her ability to inhale an adequate amount of air.


Before a child hits puberty there is an organ called the Thymus located
between the lungs. This organ is an essential part of the immune system,
it is important to the body as a whole. The Thymus is the organ that
creates the T-cells that help fight off infections, virus, and diseases
within the human body. However, after a child hits puberty which can be
as early as 9 years old, and in some cases even earlier, the Thymus no
longer produces this type of cell anymore, in fact, over time the Thymus
is replaced by fatty tissues.  Although the Thymus is no longer func-
tional after a person hits puberty, it still manages to do its job, but
if a child is smoking then the Thymus is being forced to retire early.

Putting vape detectors in school, along with proper education on why
vaping is not good for children or for anyone for that matter, will help
decrease the increasing number of children that are using vapes on
school grounds.

It is equally important to address concerns raised that poor school
indoor air quality can lead to poor learning conditions. As the Depart-
ment of Health has observed, "School indoor environments can include a
number of problems that can impact health, attendance, and performance.
Indoor air quality (IAQ) is affected by several factors, many of them
directly related to building operations and maintenance.  Problems lead-
ing to poor IAQ include inadequate ventilation, intrusion of outdoor
pollutants into the building, mold from inadequate moisture control,
allergens in dust and from rodents and cockroaches, inadequate control
of chemical contamination, and improper cleaning practices." Indoor air
pollution can have significant and harmful health effects. Managing
indoor air pollutants is of particular importance since a majority of
people spend 90% of their days indoors. Exposure to indoor air pollu-
tants can trigger asthma and other respiratory issues.

This bill would give DOH, DEC, and SED the tools they need to ensure
that schools can monitor use of vapes and inspect the air quality in
schools, creating opportunities to better manage the indoor air quality
in schools, and protect students and teachers from unnecessary health
risks.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4541 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4541
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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
 S. 4541                             2

 
 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.
 S. 4541                             3
 
   § 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
 S. 4541                             4
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4541

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2025-S4541 (ACTIVE) - Details

2025-S4541 (ACTIVE) - Summary

2025-S4541 (ACTIVE) - Sponsor Memo

2025-S4541 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4541

Share this bill

Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Health Committee

2025-S4541 (ACTIVE) - Details

2025-S4541 (ACTIVE) - Summary

2025-S4541 (ACTIVE) - Sponsor Memo

2025-S4541 (ACTIVE) - Bill Text download pdf

Comments