senate Bill S597

2013-2014 Legislative Session

Relates to regulations for indoor air quality in ice skating rinks using ice resurfacing equipment

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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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Jan 08, 2014 referred to health
Jan 09, 2013 referred to health

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S597 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 13 Title 14 §§1389-hh - 1389-kk, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6475A

S597 - Bill Texts

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Requires operators of ice arenas in which a resurfacing machine is used to have a certificate of acceptable air quality for the ice arena.

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BILL NUMBER:S597

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

PURPOSE OR GENERAL IDEA OF BILL:
This bill promotes public health by establishing standards for
operation, maintenance and monitoring, to ensure acceptable indoor
air quality in ice arenas that utilize ice resurfacing equipment
powered by combustible fuels which produce carbon monoxide (CO) and
nitrogen dioxide (NO2).

SUMMARY OF SPECIFIC PROVISIONS:
Bill § 1 adds a new Title 14 to Article 13 of the Public Health Law
(PHL), to establish standards for ensuring acceptable indoor air
quality in ice arenas. Specifically, the bill adds four new PHI
sections:

> §1389-hh defines terms used in Title 14, including "Air quality
measuring device," "Correction air level" (when CO is between 30 and
125 ppm and/or NO2 is between 0.5 and 2 ppm), "Notification air
level" (when a single sample shows CO is over 60 ppm and/or NO2 is
over 1 ppm, or 6 consecutive samples detect over 30 ppm of CO and/or
0.5 ppm of NO2) and "Evacuation air level" (when CO is over 125 ppm
and/or NO2 is over 2 ppm.

> §1359-hh defines the "Officer" who issues certificates of acceptable
air quality as the Commissioner of Health, the health commissioner of
a city with a population of over fifty thousand or of a county or
part-county health district, the state district health officer in
whose jurisdiction an ice arena is located, any county health
director having all the powers and duties prescribed in PHL 5352, the
state district sanitary engineer or a Grade 1 public health
administrator qualified and appointed pursuant to Part 11 of the
Sanitary Code and serving as primary administrator of all health
programs in a county or part-county health district.

> §1389-ii requires ice arena operators to obtain a certificate of
acceptable air quality. The issuing officer may suspend, modify or
revoke a certificate fox cause, or for a violation of the PHL or any
rules or regulations adopted thereto. The fee for a certificate is
$200 and the officer may require the operator to perform preliminary
tests of air quality in order to characterize the potential fox
exposure of ice arena occupants to CO and NO2.

> §1389-jj establishes requirements for maintenance of acceptable air
quality, including monitoring air quality with air quality measuring
devices on a daily basis; providing a right of entry for the officer
at any reasonable time to conduct an on-site inspection of air
quality, and setting forth the following required actions when air
levels fall within one of the statutory categories:

CORRECTION AIR LEVEL:
The operator shall immediately increase the
ventilation rate in the ice arena through any appropriate and safe


means, and shall continue to do so until a follow-up air sample
determines that the levels of carbon monoxide and nitrogen oxide are
below the correction air level.

NOTIFICATION AIR LEVEL:
The operator shall immediately increase the
ventilation rate and shall additionally take one or more long-term
corrective measures (such as ventilation system improvements,
retuning/repairing resurfacing machines in accordance with
manufacturer recommendations, decreasing resurfacing schedules, or
converting resurfacing equipment to electric power) and shall notify
the officer within 72 hours.

EVACUATION AIR LEVEL:
The operator shall immediately evacuate all
occupants, contact local fire or emergency medical personnel as soon
as possible, and notify the officer upon completion of the
evacuation. The ice arena shall not be reoccupied until air samples,
including independent measurements, demonstrate safe levels, and
appropriate long-term corrective are taken or are included in a plan
of corrective action submitted to and approved by the officer.

> §1389-kk provides for the adoption of necessary rules and regulations,
including authorization for variances when strict compliance would
result in hardship and provided that public health and safety will
not be endangered thereby. This section also provides standards for
maintenance of an air quality record log in paper or electronic form
and makes provisions for the assessment of penalties for violation
pursuant to existing PHL sections. Generally, such penalties would be
up to $2000.

SUMMARY OF AMENDMENT:
The initial version of this bill would have charged the Public Health
and Health Planning Council with adopting amendments to the State
Sanitary Code to regulate air quality in ice arenas. As described in
this memo, the amended bill would instead establish the bulk of the
standards in statute.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
New York currently has no statutes or regulations applicable to
protecting skaters in enclosed rinks from unsafe concentrations of
air contaminants.

JUSTIFICATION:
The use of internal-combustion engines to power ice resurfacing
equipment can under certain circumstances pose a health hazard. If
the catalytic converters are not properly maintained, ventilation is
inadequate and emissions are not monitored, the result can be a
buildup in an enclosed rink of carbon monoxide, nitrogen dioxide and
particulates. Numerous cases have been reported where groups of
skaters have been taken to emergency rooms after exposure to
excessive levels of such air contaminants.

The popularity of ice hockey and skating means that many young New
Yorkers are spending substantial amounts of time in indoor ice
arenas, and are at risk of adverse health effects from poorly
maintained equipment. These concerns have led several states,


including Massachusetts, Minnesota and Rhode Island, to regulate the
air quality at ice arenas. This bill would charge the State's public
health officials with ensuring that rinks in New York also maintain
an acceptable level of indoor air quality.

PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
6475-A (Gianaris) - Died in Senate Health
Committee
2012: Assembly Bill
9276-A (Lavine) - Died in Assembly Health
Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.

EFFECTIVE DATE:
The 180th day after becoming law; provided, however, that the
Commissioner of Health shall be immediately authorized and directed
to promulgate any rules and regulations necessary for timely
implementation of this act, and the Department of Health and other
state and local health officers shall be immediately authorized and
directed to take any other actions necessary for implementation of
this act on such date.

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

                                   597

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GIANARIS, STAVISKY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to indoor air quality
  in ice skating rinks

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

  Section  1. Article 13 of the public health law is amended by adding a
new title 14 to read as follows:
                                 TITLE 14
                 INDOOR AIR QUALITY IN ICE SKATING RINKS
SECTION 1389-HH. DEFINITIONS.
        1389-II. CERTIFICATE OF ACCEPTABLE AIR QUALITY.
        1389-JJ. MAINTENANCE OF ACCEPTABLE AIR QUALITY.
        1389-KK. RULES AND REGULATIONS; RECORDKEEPING; PENALTIES.
  S 1389-HH. DEFINITIONS. AS USED IN THIS TITLE: 1. "AIR QUALITY MEASUR-
ING DEVICE" MEANS PUMP AND COLORIMETRIC TUBE OR ELECTRONIC  DIRECT  READ
GAS  DETECTION  EQUIPMENT,  OR  ANY  SIMILAR  EQUIPMENT  APPROVED BY THE
COMMISSIONER, UTILIZED FOR THE SAMPLING AND MEASUREMENT OF CARBON MONOX-
IDE AND NITROGEN DIOXIDE, WHICH EQUIPMENT SHALL BE CAPABLE OF  MEASURING
CARBON  MONOXIDE  AIR CONCENTRATIONS IN A RANGE FROM ZERO TO ONE HUNDRED
FIFTY PARTS PER MILLION WITH A RESOLUTION OF ONE PARTS PER  MILLION,  OR
MEASURING NITROGEN OXIDE AIR CONCENTRATIONS IN A RANGE FROM ZERO TO FIVE
PARTS PER MILLION WITH A RESOLUTION OF ONE-TENTH PARTS PER MILLION.
  2. "CORRECTION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A
SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CONCENTRATIONS
OF  MORE THAN THIRTY PARTS PER MILLION BUT LESS THAN ONE HUNDRED TWENTY-
FIVE PARTS PER MILLION OF CARBON MONOXIDE OR MORE THAN FIVE-TENTHS PARTS
PER MILLION BUT LESS THAN TWO PARTS PER MILLION OF NITROGEN DIOXIDE.
  3. "NOTIFICATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN
A SINGLE AIR SAMPLE DETECTS THE PRESENCE IN  AN  ICE  ARENA  OF  CONCEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01840-01-3

S. 597                              2

TRATIONS OF MORE THAN SIXTY PARTS PER MILLION OF CARBON MONOXIDE OR MORE
THAN  ONE  PART PER MILLION OF NITROGEN DIOXIDE, OR WHEN SIX CONSECUTIVE
SAMPLES DETECT THE PRESENCE IN AN ICE ARENA OF  CONCENTRATIONS  OF  MORE
THAN   THIRTY  PARTS  PER  MILLION  OF  CARBON  MONOXIDE  OR  MORE  THAN
FIVE-TENTHS PARTS PER MILLION OF NITROGEN DIOXIDE.
  4. "EVACUATION AIR LEVEL" MEANS A STANDARD OF AIR CONTAMINATION WHEN A
SINGLE AIR SAMPLE DETECTS THE PRESENCE IN AN ICE ARENA OF CARBON  MONOX-
IDE  AT  CONCENTRATIONS  OF  ONE  HUNDRED  TWENTY-FIVE OR MORE PARTS PER
MILLION OR OF NITROGEN DIOXIDE AT CONCENTRATIONS OF TWO  OR  MORE  PARTS
PER MILLION.
  5. "FOLLOW-UP AIR SAMPLE" MEANS AN AIR SAMPLE THAT IS TAKEN AS PART OF
A CORRECTIVE ACTION PURSUANT TO THIS TITLE IN ORDER TO DETERMINE WHETHER
THE  LEVEL  OF  CARBON  MONOXIDE OR NITROGEN DIOXIDE IN AN ICE ARENA HAS
BEEN REDUCED TO A SAFE LEVEL FOLLOWING AN EVENT THAT CAUSED A CORRECTION
AIR LEVEL, NOTIFICATION AIR LEVEL OR EVACUATION AIR LEVEL FOR EITHER  OF
THESE SUBSTANCES TO BE MET OR EXCEEDED.
  6.  "ICE ARENA" MEANS ANY BUILDING WHICH HAS A ROOF AND FULLY ENCLOSED
SIDES AND WHICH CONTAINS AN ICE RINK.
  7. "ICE EDGING EQUIPMENT" MEANS POWER EQUIPMENT  USED  TO  MODIFY  THE
PERIMETER OF AN ICE SHEET.
  8. "OFFICER" MEANS THE COMMISSIONER, THE HEALTH COMMISSIONER OF A CITY
WITH  A  POPULATION OF OVER FIFTY THOUSAND, THE HEALTH COMMISSIONER OF A
COUNTY OR PART-COUNTY HEALTH DISTRICT, THE STATE DISTRICT  HEALTH  OFFI-
CER,  IN  WHOSE  JURISDICTION AN ICE ARENA IS LOCATED, ANY COUNTY HEALTH
DIRECTOR HAVING ALL THE POWERS AND DUTIES PRESCRIBED  IN  SECTION  THREE
HUNDRED  FIFTY-TWO OF THIS CHAPTER, THE STATE DISTRICT SANITARY ENGINEER
OR A GRADE ONE  PUBLIC  HEALTH  ADMINISTRATOR  QUALIFIED  AND  APPOINTED
PURSUANT  TO  PART  ELEVEN  OF  THE SANITARY CODE AND SERVING AS PRIMARY
ADMINISTRATOR OF ALL HEALTH PROGRAMS IN A COUNTY OR  PART-COUNTY  HEALTH
DISTRICT.
  9.  "OPERATOR" MEANS AN OWNER OR ANOTHER PERSON DESIGNATED BY AN OWNER
TO BE RESPONSIBLE FOR THE DAY-TO-DAY OPERATION OF AN ICE ARENA.
  10. "OWNER" MEANS THE PERSON HAVING LEGAL TITLE  TO  THE  PROPERTY  OR
BUILDING  IN  WHICH AN ICE ARENA IS LOCATED. FOR THE PURPOSES OF PUBLIC-
LY-OWNED PROPERTY, "OWNER" MEANS THE  CHIEF  EXECUTIVE  OFFICER  OF  THE
PUBLIC ENTITY THAT OWNS, LEASES OR CONTROLS THE USE OF THE PROPERTY.
  11.  "RESURFACING MACHINE" MEANS AN INTERNAL COMBUSTION ENGINE-POWERED
MACHINE THAT IS USED TO MODIFY THE SURFACE OF AN ICE RINK.
  12. "RESURFACING EQUIPMENT" MEANS ONE  OR  MORE  RESURFACING  MACHINES
AND/OR ICE EDGING EQUIPMENT.
  S  1389-II.  CERTIFICATE OF ACCEPTABLE AIR QUALITY. 1. NO PERSON SHALL
OPERATE AN ICE ARENA IN WHICH A RESURFACING MACHINE IS USED  UNLESS  THE
OFFICER  HAS ISSUED THE OPERATOR A CERTIFICATE OF ACCEPTABLE AIR QUALITY
FOR THE ICE ARENA. THE CERTIFICATE MUST BE DISPLAYED  IN  A  CONSPICUOUS
PLACE IN THE ICE ARENA.
  2. THE OFFICER MAY SUSPEND, MODIFY OR REVOKE A CERTIFICATE OF ACCEPTA-
BLE  AIR QUALITY FOR CAUSE, OR FOR A VIOLATION OF THE PROVISIONS OF THIS
TITLE OR ANY RULES OR REGULATIONS ADOPTED THERETO.
  3. THE FEE FOR A CERTIFICATE SHALL BE TWO HUNDRED DOLLARS.
  4. THE OFFICER MAY REQUIRE THE OPERATOR  TO  PERFORM  ANY  PRELIMINARY
TESTS  OF AIR QUALITY THAT HE OR SHE DETERMINES TO BE NECESSARY IN ORDER
TO CHARACTERIZE THE POTENTIAL FOR EXPOSURE OF  ICE  ARENA  OCCUPANTS  TO
CARBON MONOXIDE AND NITROGEN DIOXIDE.
  S  1389-JJ.  MAINTENANCE  OF ACCEPTABLE AIR QUALITY. 1. ACCEPTABLE AIR
QUALITY CONDITIONS SHALL BE MAINTAINED WITHIN AN ICE ARENA AT ALL TIMES.

S. 597                              3

  2. IN ORDER TO DETERMINE AND MONITOR AIR QUALITY  IN  ACCORDANCE  WITH
THIS  TITLE, THE OPERATOR SHALL EMPLOY ONE OR MORE AIR QUALITY MEASURING
DEVICES ON A DAILY BASIS IN THE ICE ARENA. THE RESULTS OF THE AIR QUALI-
TY SAMPLE SHALL BE RECORDED IN AN AIR QUALITY RECORD LOG  IN  ACCORDANCE
WITH  SECTION  THIRTEEN  HUNDRED EIGHTY-NINE-KK OF THIS TITLE. IF DEEMED
NECESSARY OR APPROPRIATE,  THE  OFFICER  MAY  REQUIRE  THE  OPERATOR  TO
INSTALL  ADDITIONAL DEVICES OR USE ANOTHER TYPE OF AIR QUALITY MEASURING
DEVICE.
  3. THE OFFICER AT ANY REASONABLE TIME  MAY  ENTER  AN  ICE  ARENA  AND
CONDUCT  AN ON-SITE INSPECTION OF AIR QUALITY, INCLUDING BUT NOT LIMITED
TO AFTER HAVING RECEIVED A COMPLAINT OF ELEVATED LEVELS OF CARBON MONOX-
IDE OR NITROGEN DIOXIDE.  FAILURE TO PERMIT SUCH  ENTRY  AND  INSPECTION
SHALL  BE GROUNDS FOR THE IMMEDIATE REVOCATION OF THE CERTIFICATE OF AIR
QUALITY.
  4. IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOXIDE OR
NITROGEN DIOXIDE AT CONCENTRATIONS WITHIN THE CORRECTION AIR LEVEL STAN-
DARD, THE OPERATOR SHALL IMMEDIATELY INCREASE THE  VENTILATION  RATE  IN
THE ICE ARENA THROUGH ANY APPROPRIATE AND SAFE MEANS, AND SHALL CONTINUE
TO  PROVIDE  SUCH  INCREASED  VENTILATION  UNTIL  A FOLLOW-UP AIR SAMPLE
DETERMINES THAT THE LEVELS OF CARBON MONOXIDE AND NITROGEN  DIOXIDE  ARE
BELOW  THE  CORRECTION  AIR  LEVEL.  SUCH FOLLOW-UP AIR SAMPLES SHALL BE
TAKEN IN INTERVALS OF TWENTY MINUTES OR LESS AND  THE  RESULTS  OF  EACH
SUCH SAMPLE SHALL BE RECORDED IN THE AIR QUALITY RECORD LOG.
  5.  IF AN AIR QUALITY SAMPLE OR SERIES OF SAMPLES DETECTS THE PRESENCE
OF CARBON MONOXIDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE
NOTIFICATION AIR LEVEL STANDARD, THE OPERATOR SHALL IMMEDIATELY INCREASE
THE VENTILATION RATE AS PROVIDED IN SUBDIVISION FOUR  OF  THIS  SECTION,
AND SHALL ADDITIONALLY:
  (A) TAKE AT LEAST ONE OF THE FOLLOWING LONG-TERM CORRECTIVE MEASURES:
  (I)  MAKE  VENTILATION SYSTEM IMPROVEMENTS TO INCREASE THE VENTILATION
RATE ON A LONG-TERM BASIS;
  (II) WARM UP RESURFACING EQUIPMENT OUTSIDE THE BUILDING OR IN A  SEPA-
RATE AREA WITH A LOCAL EXHAUST SYSTEM TO VENT EXHAUST OUTSIDE;
  (III)  RETUNE  AND/OR  REPAIR  RESURFACING MACHINES IN ACCORDANCE WITH
MANUFACTURER RECOMMENDATIONS TO REDUCE EMISSIONS;
  (IV) REDUCE ICE EDGING TIME;
  (V) REPLACE ICE EDGING EQUIPMENT WITH EQUIPMENT PRODUCING LOWER  EMIS-
SIONS;
  (VI)  INSTALL  A  VERTICAL EXHAUST PIPE THE TOP OF WHICH EXTENDS ABOVE
THE HIGHEST POINT OF THE ICE RESURFACER;
  (VII) INSTALL CATALYTIC CONVERTERS ON RESURFACING EQUIPMENT;
  (VIII) INSTALL OXYGEN SENSORS ON  RESURFACING  EQUIPMENT  TO  REGULATE
FUEL LEANNESS OR RICHNESS;
  (IX) DECREASE RESURFACING SCHEDULES;
  (X)  CONVERT  RESURFACING  EQUIPMENT  TO  ELECTRIC  POWER  OR  ACQUIRE
REPLACEMENT ELECTRICALLY-POWERED RESURFACING EQUIPMENT; AND/OR
  (XI) TAKE OTHER ACTIONS THAT ARE DEMONSTRATED TO REDUCE THE  LEVEL  OF
EMISSIONS OF CARBON MONOXIDE OR NITROGEN DIOXIDE IN ICE ARENAS; AND
  (B)  NOTIFY  THE  OFFICER  WITHIN  SEVENTY-TWO  HOURS  OF THE DATE THE
NOTIFICATION AIR LEVEL WAS DETECTED, THE RESULTS OF THE SAMPLE DETECTING
SUCH LEVELS AND THE FOLLOW-UP SAMPLES, AND  THE  CORRECTIVE  MEASURE  OR
MEASURES TAKEN.
  6.  (A) IF AN AIR QUALITY SAMPLE DETECTS THE PRESENCE OF CARBON MONOX-
IDE OR NITROGEN DIOXIDE AT CONCENTRATIONS AT OR ABOVE THE EVACUATION AIR
LEVEL STANDARD, THE OPERATOR SHALL:

S. 597                              4

  (I) IMMEDIATELY EVACUATE ALL OCCUPANTS FROM THE INTERIOR  OF  THE  ICE
ARENA;
  (II)  CONTACT  LOCAL  FIRE  OR  EMERGENCY MEDICAL PERSONNEL AS SOON AS
POSSIBLE TO ASSIST IN EVACUATION AND HAZARD ASSESSMENT; AND
  (III) NOTIFY THE OFFICER UPON COMPLETION OF THE EVACUATION.
  (B) THE ICE ARENA SHALL NOT BE REOCCUPIED UNTIL AND UNLESS:
  (I) THREE CONSECUTIVE AIR SAMPLES TAKEN WITHIN A PERIOD  OF  NOT  MORE
THAN  THREE HOURS INDICATE THAT THE LEVELS OF CARBON MONOXIDE AND NITRO-
GEN DIOXIDE HAVE BEEN REDUCED BELOW THE CORRECTION AIR LEVEL;
  (II) SUCH ACCEPTABLE LEVELS OF CARBON MONOXIDE HAVE BEEN CONFIRMED  BY
ONE  OR MORE INDEPENDENT MEASUREMENTS TAKEN BY THE LOCAL FIRE DEPARTMENT
AND/OR THE OFFICER; AND
  (III) APPROPRIATE LONG-TERM CORRECTIVE MEASURES AS SPECIFIED IN SUBDI-
VISION FIVE OF THIS SECTION HAVE BEEN TAKEN OR ARE INCLUDED IN A PLAN OF
CORRECTIVE ACTION SUBMITTED TO AND APPROVED BY THE OFFICER.
  S 1389-KK. RULES AND REGULATIONS;  RECORDKEEPING;  PENALTIES.  1.  THE
COMMISSIONER  SHALL  ADOPT ANY RULES AND REGULATIONS NECESSARY TO IMPLE-
MENT THE PROVISIONS OF THIS TITLE.  SUCH  RULES  AND  REGULATIONS  SHALL
AUTHORIZE  OFFICERS  TO  GRANT  VARIANCES  FROM THE REQUIREMENTS OF THIS
TITLE AND SUCH RULES AND REGULATIONS WHEN STRICT COMPLIANCE WOULD RESULT
IN HARDSHIP AND PROVIDED THAT PUBLIC  HEALTH  AND  SAFETY  WILL  NOT  BE
ENDANGERED  THEREBY.  ANY  VARIANCE  MAY  INCLUDE SUCH CONDITIONS AS THE
OFFICER DEEMS APPROPRIATE.
  2. EACH OPERATOR SHALL MAINTAIN AN AIR QUALITY RECORD LOG IN SUCH FORM
AS THE COMMISSIONER SHALL PRESCRIBE, WHICH SHALL INCLUDE:
  (I) INFORMATION ON ANY  RESURFACING  MACHINES  AND  OTHER  RESURFACING
EQUIPMENT USED IN THE ICE ARENA;
  (II)  INFORMATION ON ANY AIR QUALITY MEASURING DEVICES USED IN THE ICE
ARENA, INCLUDING INFORMATION ON  MAINTENANCE  AND  CALIBRATION  OF  SUCH
DEVICES;
  (III)  THE  RESULTS  OF  ALL AIR QUALITY SAMPLES AND FOLLOW-UP SAMPLES
TAKEN PURSUANT TO THIS TITLE;
  (IV) ANY LONG-TERM CORRECTIVE MEASURES TAKEN PURSUANT TO THIS TITLE;
  (V) INFORMATION ON ANY EVACUATIONS UNDERTAKEN PURSUANT TO THIS  TITLE;
AND
  (VI) ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER.
  3.  THE  COMMISSIONER OR THE OFFICIAL MAY MAKE PROVISIONS FOR ALTERNA-
TIVE MEANS OF PROVIDING ANY OF THE INFORMATION IN AN AIR QUALITY  RECORD
LOG ELECTRONICALLY.
  4. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS
ARTICLE  IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN SUBDIVISION ONE OF
SECTION TWELVE OF THIS CHAPTER.  ANY OTHER OFFICER MAY  IMPOSE  A  CIVIL
PENALTY  FOR A VIOLATION OF THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT
SET FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION  THREE  HUNDRED
NINE OF THIS CHAPTER.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that the commissioner of
health shall be immediately authorized and directed  to  promulgate  any
rules  and  regulations necessary for timely implementation of this act,
and the department of health and other state and local  health  officers
shall  be  immediately authorized and directed to take any other actions
necessary for implementation of this act on such date.

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