senate Bill S1852

2011-2012 Legislative Session

Makes provisions to protect indoor air quality including indoor air quality plans by building owners and air quality standards and investigations

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Jan 13, 2011 referred to health

Co-Sponsors

S1852 - Bill Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 49-A ยงยง4920 - 4925, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S3322

S1852 - Bill Texts

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Makes provisions for the protection of indoor air quality including the requirement that building owners develop and maintain an indoor environmental plan and undertake other responsibilities relating thereto including investigating complaints and providing a written response thereto; directs department of health, in consultation with specified others, to adopt standards of ventilation for new and existing buildings and to develop model courses in the operation and maintenance of heating ventilation and air conditioning systems.

view sponsor memo
BILL NUMBER:S1852

TITLE OF BILL:
An act
to amend the public health law, in relation to protecting indoor air
quality

PURPOSE:
To protect public health by ensuring that building occupants have an
adequate supply of fresh air, to provide that the ventilation system
of buildings be operated and maintained according to design, that
activities affecting indoor air quality be coordinated, and persons
experiencing adverse health effects have some means of having these
problems addressed.

SUMMARY OF PROVISIONS:
Requires that every building owner have in place an indoor,
environmental plan, which includes a description of the buildings
heating ventilation and air conditioning system and documentation of
its operation and maintenance. Also provides for an inventory of
hazardous substances used in the building, and that renovation
projects include an assessment of the effect on indoor air quality.
Requires that building owners have in place a system for responding
to requests for information and for investigating and responding to
complaints about indoor air quality problems. Provides for the
establishment of an indoor ventilation standard which shall take into
effect building structure, size, use, age and occupancy. Requires
that building owners respond to complaints concerning indoor air
quality and that the State Health Department if it sees fit, may
investigate complaints and make recommendations concerning corrective
measures. Directs the department of health in consultation with other
agencies and professional associations to develop model courses in
tile operation and maintenance of heating ventilation and air
conditioning systems,

JUSTIFICATION:
Indoor air problems are responsible for a variety of chronic and acute
public health problems ranging from mild irritations to life
threatening diseases. These conditions represent an important public
health threat affecting millions of workers, school children, and
other members of the public. The costs from degraded quality of life,
lost productivity and health care expenses are
enormous and growing. The magnitude and sources of indoor problems
vary greatly. Sources include the build up of carbon dioxide and
irritant substances released from office machines, furniture and
carpets; pesticides; biological contamination in ventilation systems'
second hand cigarette smoke; pollutants drawn from outside air,
radon, and asbestos. Other reasons for indoor air quality problems
include efforts to conserve energy through better insulation and
lower ventilation.

The Assembly Health Committee, Environmental Conservation Committee,
and Labor Committee held a series of five hearings around the State
in 1990 and 1991 on indoor air quality.
The hearings showed that these problems, while pervasive, were often
preventable. They also indicated that these growing problems demand a


response. Like the problem, potential solutions are complex and
varied. Approaches include construction standards, maintenance
requirements, expanded employee rights and education, and standards
for ventilation and specific contaminants. The provisions of this
bill, while modest, are an appropriate first step to addressing these
ongoing problems. They focus on coordinating activities within a
building that are most likely to affect air quality: ventilation
system operation and maintenance, construction, hazardous substances
and pesticide use. They also seek to provide occupants access to
information so that they can contribute to system improvement,
ultimately increasing productivity and saving money.

LEGISLATIVE HISTORY:
03/07/07 REFERRED TO HEALTH
01/09/08 REFERRED TO HEALTH
03/16/09 REFERRED TO HEALTH
01/06/10 REFERRED TO HEALTH

FISCAL IMPLICATIONS:
Minor costs associated with the Health Department promulgating
ventilation standards, costs incurred by owners to carry out air
quality inspections should more than be offset by productivity gains.

EFFECTIVE DATE:
This act shall take effect on the first of September in the year after
it shall have become a law.

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

                                  1852

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- 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

  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
ORDER  TO  ACHIEVE THIS AIM IT IS NECESSARY TO PROVIDE THAT A BUILDING'S
HEATING, VENTILATION AND AIR CONDITIONING SYSTEM BE OPERATED  AND  MAIN-
TAINED  ACCORDING  TO DESIGN.  IT IS ALSO NECESSARY THAT PERSONS WHO ARE
EXPERIENCING ADVERSE HEALTH EFFECTS BECAUSE OF INDOOR AIR PROBLEMS  HAVE
MEANS  TO  COMMUNICATE THESE PROBLEMS AND HAVE THEM ADDRESSED.  IN ORDER
TO ENSURE A MINIMUM AND ADEQUATE SUPPLY OF FRESH AIR TO  BUILDING  OCCU-
PANTS,  IT  IS FURTHER, ALSO THE PURPOSE OF THIS ARTICLE TO ADOPT ESTAB-
LISHED STANDARDS FOR VENTILATION.
  S 4921. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "BUILDING" MEANS AN OCCUPIED STRUCTURE 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 RESIDENTIAL STRUCTURE CONTAINING SIX OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03282-02-1

S. 1852                             2

FEWER DWELLING UNITS OR ANY STRUCTURE OR PORTION OF  A  STRUCTURE  WHERE
STATE  REGULATION  OF  INDOOR  AIR QUALITY WOULD BE PREEMPTED BY FEDERAL
LAW.
  2.  "OWNER"  MEANS  ANY  INDIVIDUAL,  PARTNERSHIP, CORPORATION, STATE,
COUNTY, CITY, TOWN, VILLAGE, OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL
DIVISION OF THE STATE, THAT OWNS THE FREEHOLD OF A PREMISES OR ANY LESS-
ER ESTATE THEREIN, A MORTGAGEE  OR  VENDEE  IN  POSSESSION,  A  CONTRACT
VENDEE,  ASSIGNEE  OF RENTS, RECEIVER, EXECUTOR, TRUSTEE, LESSEE, OR ANY
OTHER PERSON, FIRM OR CORPORATION IN CONTROL OF A BUILDING.
  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

S. 1852                             3

  (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
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) 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 TAKE EFFECT, THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
DEPARTMENT  OF LABOR, ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND THE
OFFICE OF FIRE PREVENTION AND CONTROL, THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT AND THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  SHALL  ADOPT
REGULATIONS  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. IN ESTABLISHING THE STAND-
ARDS, THE DEPARTMENT SHALL CONSIDER THE MOST CURRENT  APPLICABLE  STAND-
ARDS  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 MAY  INITIATE  AN  INVESTIGATION  OF  THE  COMPLAINT.    THE
COMPLAINT SHALL BE IN WRITING AND INDICATE THE GROUNDS FOR THE COMPLAIN-

S. 1852                             4

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.
  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.

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