S T A T E   O F   N E W   Y O R K
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                                  6484

                            I N  S E N A T E

                            January 29, 2014
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to protecting  indoor
  air quality in state owned, leased or operated buildings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  article
49-A to read as follows:
                               ARTICLE 49-A
                           INDOOR AIR QUALITY
SECTION 4920. PURPOSE.
        4921. DEFINITIONS.
        4922. INDOOR AIR QUALITY PLAN.
        4923. INDOOR AIR QUALITY STANDARDS.
        4924. INDOOR AIR INVESTIGATIONS.
        4925. TRAINING COURSE.
  S  4920. PURPOSE.  IT IS THE PURPOSE OF THIS ARTICLE TO PROTECT PUBLIC
HEALTH BY PROVIDING FOR ADEQUATE QUANTITY AND QUALITY OF INDOOR  AIR  IN
STATE  OWNED, LEASED OR OPERATED BUILDINGS. IN ORDER TO ACHIEVE THIS AIM
IT IS NECESSARY TO PROVIDE  THAT  A  STATE  OWNED,  LEASED  OR  OPERATED
BUILDING'S  HEATING, VENTILATION AND AIR CONDITIONING SYSTEM BE OPERATED
AND MAINTAINED ACCORDING TO DESIGN. IT IS ALSO  NECESSARY  THAT  PERSONS
WHO  ARE EXPERIENCING ADVERSE HEALTH EFFECTS BECAUSE OF INDOOR AIR PROB-
LEMS HAVE MEANS TO COMMUNICATE THESE PROBLEMS AND HAVE  THEM  ADDRESSED.
IN  ORDER  TO ENSURE A MINIMUM AND ADEQUATE SUPPLY OF FRESH AIR TO STATE
OWNED, LEASED OR OPERATED BUILDING OCCUPANTS, IT IS  FURTHER,  ALSO  THE
PURPOSE OF THIS ARTICLE TO ADOPT ESTABLISHED STANDARDS FOR VENTILATION.
  S 4921. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "BUILDING"  MEANS AN OCCUPIED STRUCTURE, OWNED, LEASED OR OPERATED
BY THE STATE OF GREATER THAN TWENTY-FIVE THOUSAND SQUARE FEET  OF  FLOOR
SPACE,  USING MECHANICAL VENTILATION PROVIDING OUTDOOR AIR, RECIRCULATED
AIR, OR A MIXTURE OF OUTDOOR AND RECIRCULATED AIR, EXCLUDING A  RESIDEN-
TIAL  STRUCTURE  CONTAINING SIX OR FEWER DWELLING UNITS OR ANY STRUCTURE
OR PORTION OF A STRUCTURE WHERE STATE REGULATION OF INDOOR  AIR  QUALITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD07022-01-3

S. 6484                             2

WOULD BE PREEMPTED BY FEDERAL LAW.  THIS DEFINITION SHALL EXCLUDE BARNS,
WHICH  FOR  THE PURPOSES OF THIS ARTICLE SHALL MEAN A STRUCTURE THAT WAS
DESIGNED AND USED FOR STORING FARM EQUIPMENT OR  AGRICULTURAL  PRODUCTS,
OR FOR HOUSING LIVESTOCK.
  2. "OWNER" MEANS THE STATE OR ANY STATE AGENCY.
  S  4922.  INDOOR  AIR  QUALITY  PLAN.  1. RESPONSIBILITIES OF BUILDING
OWNER.
  (A) THE OWNER OF A BUILDING SHALL BE RESPONSIBLE  FOR  DEVELOPING  AND
MAINTAINING  AN INDOOR AIR QUALITY PLAN FOR THE BUILDING; THE PLAN SHALL
CONTAIN THE FOLLOWING COMPONENTS:
  (I) A DETAILED DESCRIPTION OF THE BUILDING'S HEATING, VENTILATION  AND
AIR CONDITIONING SYSTEM, ITS OPERATION, AND PROCEDURES AND SCHEDULES FOR
NECESSARY MAINTENANCE;
  (II)  AN INVENTORY OF TOXIC SUBSTANCES USED IN THE BUILDING, INCLUDING
COPIES OF APPLICABLE MATERIAL SAFETY DATA SHEETS;
  (III) A PLAN DETAILING MODIFICATIONS AND RENOVATIONS TO THE  BUILDING,
INCLUDING AN ASSESSMENT OF THE EFFECTS OF RENOVATION ON INDOOR AIR QUAL-
ITY VENTILATION AND OTHER FACTORS RELEVANT TO AIR QUALITY;
  (IV)  PRIOR  TO COMMENCING CONSTRUCTION OR RENOVATION PROJECTS, A PLAN
TO MINIMIZE EXPOSURE TO CONTAMINANTS AND  MITIGATE  ADVERSE  EFFECTS  ON
BUILDING OCCUPANTS DURING AND AFTER CONSTRUCTION OR RENOVATION;
  (V)  A  PROCEDURE  FOR  MAINTAINING  AND  PROVIDING  ACCESS (INCLUDING
INSPECTION AND COPYING) TO WRITTEN RECORDS OR LOGS PURSUANT TO PARAGRAPH
(B) OF THIS SUBDIVISION; AND
  (VI) A SYSTEM TO RESPOND TO REQUESTS FOR INFORMATION, INVESTIGATE  AND
RESPOND  TO COMPLAINTS OF INDOOR AIR QUALITY PROBLEMS AND ADVERSE HEALTH
EFFECTS BY OCCUPANTS CONSISTENT WITH PARAGRAPH (D) OF THIS SUBDIVISION.
  (B) THE OWNER OF A BUILDING SHALL BE RESPONSIBLE  FOR  DEVELOPING  AND
MAINTAINING  THE  FOLLOWING  RECORDS  AND LOGS AS PART OF THE INDOOR AIR
QUALITY PLAN:
  (I) A WRITTEN RECORD OF MAINTENANCE PERFORMED ON THE BUILDING'S  HEAT-
ING, VENTILATION, AND AIR CONDITIONING SYSTEM;
  (II)  A  LOG  OF  PESTICIDE  USE  AND APPLICATION, INCLUDING COPIES OF
APPLICABLE MATERIAL SAFETY DATA SHEETS;
  (III) A WRITTEN RECORD OF MODIFICATIONS AND RENOVATIONS TO THE  BUILD-
ING,  INCLUDING  BUT  NOT LIMITED TO MODIFICATION OF THE HEATING, VENTI-
LATION AND AIR CONDITIONING SYSTEM, CONSTRUCTION  AND  MODIFICATIONS  OF
WALLS  AND  INTERIOR SPACE WHICH COULD AFFECT AIR FLOW TO BUILDING OCCU-
PANTS; AND
  (IV) A LOG OF COMPLAINTS OF INDOOR AIR QUALITY PROBLEMS AND REPORTS OF
ADVERSE HEALTH EFFECTS AND  ACTIONS  AND  RESPONSES  TO  COMPLAINTS  AND
REPORTS.
  (C)  THE  OWNER  OF  A  BUILDING  SHALL DESIGNATE A PERSON OR GROUP OF
PERSONS WHO SHALL BE RESPONSIBLE FOR COORDINATING THE INDOOR AIR QUALITY
PLAN INCLUDING:
  (I) OPERATING AND MAINTAINING THE BUILDING'S HEATING, VENTILATION, AND
AIR CONDITIONING SYSTEM;
  (II) MAINTAINING THE INDOOR AIR QUALITY PLAN PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION; DEVELOPING AND MAINTAINING THE WRITTEN RECORDS  AND
LOGS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION; AND
  (III)  RECEIVING  AND  RESPONDING  TO COMPLAINTS OF INDOOR AIR QUALITY
PROBLEMS AND REQUESTS FOR INFORMATION PURSUANT TO PARAGRAPH (D) OF  THIS
SUBDIVISION.
  (D) THE OWNER OF THE BUILDING SHALL POST IN THE LOBBY OF THE BUILDING,
OR  CONSPICUOUSLY  WHERE  BUILDING OCCUPANTS HAVE ACCESS TO IT, A NOTICE
STATING THE PROCEDURES FOR MAKING REQUESTS  AND  COMPLAINTS  UNDER  THIS

S. 6484                             3

PARAGRAPH  AND NAME AND TELEPHONE NUMBER OF THE PERSON OR PERSONS DESIG-
NATED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  (E) A BUILDING OWNER MAY CONTRACT WITH A MANAGEMENT COMPANY, LESSEE OR
OTHER  PARTY RESPONSIBLE FOR THE BUILDING'S OPERATION AND MAINTENANCE TO
CARRY OUT THE RESPONSIBILITIES OF THIS SUBDIVISION.
  (F) A BUILDING OWNER SHALL PROVIDE BUILDING OCCUPANTS WITH  REASONABLE
ACCESS  TO THE INDOOR AIR QUALITY PLAN PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION; PROVIDED, HOWEVER, THAT A BUILDING OWNER MAY  EXCLUDE  FROM
THAT ACCESS ANY INFORMATION THE DISCLOSURE OF WHICH WOULD POSE A SECURI-
TY RISK.
  (G)  A  BUILDING  OWNER  SHALL SUBMIT A COPY OF THE INDOOR AIR QUALITY
PLAN PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION  TO  THE  DEPARTMENT
UPON REQUEST BY THE DEPARTMENT.
  (H)  WHERE  THE  OWNER  OPERATES  MORE  THAN ONE SIMILAR BUILDING ON A
CONTIGUOUS SITE, THE OWNER MAY PREPARE A PLAN WHICH INCLUDES  MORE  THAN
ONE BUILDING.
  2.  THE DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO CARRY OUT
THE PROVISIONS OF THIS SECTION.
  S 4923. INDOOR AIR QUALITY STANDARDS. 1. WITHIN ONE  YEAR  AFTER  THIS
SECTION  SHALL  HAVE  TAKEN EFFECT, THE DEPARTMENT, IN CONSULTATION WITH
THE DEPARTMENT OF LABOR, ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,  AND
THE  OFFICE  OF  FIRE PREVENTION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT
AND THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  SHALL  ADOPT  REGU-
LATIONS  ESTABLISHING  STANDARDS  OF  VENTILATION  FOR  NEW AND EXISTING
BUILDINGS. THE STANDARDS SHALL TAKE INTO  EFFECT  BUILDING  ARRANGEMENT,
STRUCTURE,  SIZE,  USE,  AGE,  AND  OCCUPANCY.  THE DEPARTMENT MAY ISSUE
DIFFERENT REGULATIONS FOR NEW BUILDINGS, EXISTING BUILDINGS, AND  BUILD-
INGS  THAT  ARE  BEING  SUBSTANTIALLY  RENOVATED. FOR SCHOOLS, STANDARDS
SHALL BE APPROPRIATE FOR CHILDREN.  IN ESTABLISHING THE  STANDARDS,  THE
DEPARTMENT  SHALL  CONSIDER  THE  MOST CURRENT APPLICABLE STANDARDS OF A
NATIONALLY-RECOGNIZED SOCIETY OR SOCIETIES  OF  HEATING,  REFRIGERATION,
AND AIR CONDITIONING ENGINEERS.
  2.  THE  DEPARTMENT  MAY  ESTABLISH A PROCEDURE WHERE ANY PROVISION OR
REQUIREMENT OF THE INDOOR AIR QUALITY REGULATIONS MAY BE VARIED OR MODI-
FIED IN CASES WHERE STRICT COMPLIANCE WOULD ENTAIL  PRACTICAL  DIFFICUL-
TIES  OR  UNNECESSARY  HARDSHIP  OR  WOULD OTHERWISE BE UNWARRANTED. THE
PROCEDURE SHALL BE DESIGNED TO INSURE THAT ANY VARIANCE OR  MODIFICATION
SHALL  NOT  SUBSTANTIALLY ADVERSELY AFFECT PROVISIONS FOR HEALTH, SAFETY
AND SECURITY, AND THAT EQUALLY  SAFE  AND  PROPER  ALTERNATIVES  MAY  BE
PRESCRIBED.  REQUESTS FOR A VARIANCE SHALL BE RESOLVED WITHIN SIXTY DAYS
OF THE DATE OF APPLICATION UNLESS A LONGER PERIOD IS REQUIRED  FOR  GOOD
CAUSE SHOWN.
  S 4924.  INDOOR AIR INVESTIGATIONS.  1. UPON RECEIPT OF A COMPLAINT OR
COMPLAINTS EXCLUDING COMPLAINTS IN RELATION TO TEMPERATURE OF INDOOR AIR
QUALITY  RELATING  TO  A  BUILDING  FROM  THREE OR MORE OCCUPANTS OF THE
BUILDING OR, FROM A TENANT OF ALL OR PART OF THE BUILDING, THE  BUILDING
OWNER  OR  DESIGNEE  SHALL INITIATE AN INVESTIGATION OF THE COMPLAINT OR
COMPLAINTS.  THE BUILDING OWNER SHALL RESPOND IN WRITING  WITHIN  THIRTY
DAYS INDICATING THE RESULTS OF THE INITIAL INVESTIGATION AND ANY CORREC-
TIVE ACTIONS TAKEN OR PENDING.
  2.  IF  THE  COMPLAINANT  IS  DISSATISFIED  WITH  THE  RESPONSE TO THE
COMPLAINT, THE COMPLAINANT MAY FILE A FORMAL COMPLAINT WITH THE  COMMIS-
SIONER,  WHO  SHALL  INITIATE  AN  INVESTIGATION OF THE COMPLAINT.   THE
COMPLAINT SHALL BE IN WRITING AND INDICATE THE GROUNDS FOR THE COMPLAIN-
ANT AND SHALL BE SIGNED BY THE COMPLAINANT.  A COPY SHALL BE PROVIDED BY
THE COMMISSIONER TO THE BUILDING OWNER OR THE PERSON DESIGNATED FOR SUCH

S. 6484                             4

PURPOSES PROMPTLY, AND IN ANY EVENT  PRIOR  TO  ANY  INSPECTION  BY  THE
DEPARTMENT.  ON THE REQUEST OF COMPLAINANT, THE COMPLAINANT'S NAME SHALL
BE  WITHHELD.    THE  COMPLAINANT OR A REPRESENTATIVE OF THE COMPLAINANT
SHALL  BE  GIVEN THE OPPORTUNITY TO ACCOMPANY THE DEPARTMENT'S INSPECTOR
DURING AN INSPECTION FOR THE PURPOSE OF AIDING SUCH INSPECTION.
  3. IF THE COMMISSIONER DETERMINES THAT AN INDOOR AIR  QUALITY  PROBLEM
EXISTS  IN  A  BUILDING, SUCH COMMISSIONER SHALL ISSUE IN WRITING TO THE
BUILDING OWNER AND COMPLAINANT SUCH FINDINGS AND ANY PROPOSED  MEANS  OF
CORRECTING  SUCH  PROBLEMS.  THE  BUILDING OWNER OR REPRESENTATIVE SHALL
RESPOND TO THE FINDINGS WITHIN  THIRTY  DAYS  INCLUDING  ANY  PLANS  FOR
CORRECTING THE INDOOR AIR QUALITY PROBLEM.  THE BUILDING OWNER OR REPRE-
SENTATIVE SHALL NOTIFY THE COMMISSIONER OF ACTIONS TAKEN TO CORRECT SUCH
PROBLEMS.
  S  4925.  TRAINING  COURSE.  THE  DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF LABOR, AND NATIONALLY RECOGNIZED SOCIETIES  OF  INDUSTRIAL
HYGIENE,  FIRE PREVENTION AND HEATING, REFRIGERATION, AND AIR CONDITION-
ING, SHALL DEVELOP MODEL COURSES IN THE  OPERATION  AND  MAINTENANCE  OF
HEATING,  VENTILATION,  AND  AIR CONDITIONING SYSTEMS.  THE COMMISSIONER
SHALL HAVE AUTHORITY TO APPROVE PROGRAMS IN HEATING, VENTILATION AND AIR
CONDITIONING OPERATION AND MAINTENANCE AND  SHALL  MAINTAIN  A  LIST  OF
APPROVED  PROGRAMS,  WHICH SHALL BE MADE AVAILABLE TO INTERESTED PARTIES
UPON REQUEST.  THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS
SETTING FORTH THE CRITERIA FOR APPROVAL OF SUCH PROGRAMS.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.