S T A T E   O F   N E W   Y O R K
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                                   1440
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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.
   §  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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00997-01-7

 S. 1440                             2
 
 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
 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.
   §  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.

 S. 1440                             3
 
   (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
 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.
   § 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.
   § 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

 S. 1440                             4
 
 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
 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.
   §  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.
   §  2.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.