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

                                  3471

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER,  HASSELL-THOMPSON  -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03284-01-1
              

S. 3471                             2

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
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

S. 3471                             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) 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.

S. 3471                             4

  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
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.