S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1121
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the environmental conservation
   law, in relation to indoor air quality in schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 25 of the public health law is amended by adding a
 new title 4-A to read as follows:
                                TITLE IV-A
                       INDOOR AIR QUALITY IN SCHOOLS
 SECTION 2576. DEFINITIONS.
         2577. INDOOR AIR QUALITY INSPECTION AND EVALUATION PROGRAM.
         2578. BEST PRACTICES.
         2579. RULES AND REGULATIONS.
   § 2576. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
 HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
 WISE:
   1. "COVERED ENTITY" MEANS A  FACILITY  USED  FOR  (A)  INSTRUCTION  OF
 ELEMENTARY  OR SECONDARY STUDENTS BY: (I) ANY SCHOOL DISTRICT, INCLUDING
 A SPECIAL ACT SCHOOL DISTRICT AND A  CITY  SCHOOL  DISTRICT  IN  A  CITY
 HAVING  A  POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR
 MORE, (II) A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (III) A  CHARTER
 SCHOOL,  (IV)  AN  APPROVED PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS
 WITH DISABILITIES, (V) A STATE-SUPPORTED SCHOOL FOR THE  DEAF  OR  BLIND
 OPERATED  PURSUANT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, AND (VI)
 ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR SECONDARY SCHOOL;  AND  (B)
 PRE-KINDERGARTEN PROGRAMS.
   2.  "HAZARDOUS  SUBSTANCES"  MEANS ANY SUBSTANCE LISTED AS A SUBSTANCE
 HAZARDOUS TO THE PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT IN REGULATIONS
 PROMULGATED  PURSUANT  TO  ARTICLE  THIRTY-SEVEN  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW  AND INCLUDES LEAD, RADON, ASBESTOS, FORMALDEHYDE, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01218-01-1

 S. 1121                             2
 
 VOLATILE ORGANIC COMPOUNDS EXCEEDING A SPECIFIED AMOUNT AS DESIGNATED BY
 THE COMMISSIONER.
   § 2577. INDOOR AIR QUALITY INSPECTION AND EVALUATION PROGRAM. 1. WITH-
 IN  ONE  YEAR  OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT SHALL
 ESTABLISH AN INDOOR AIR QUALITY PROGRAM.
   2. THE INDOOR AIR QUALITY PROGRAM ESTABLISHED PURSUANT TO  SUBDIVISION
 ONE OF THIS SECTION SHALL REQUIRE THE DEPARTMENT TO:
   (A) PROMULGATE REGULATIONS FOR INSPECTIONS, EVALUATIONS, NOTIFICATIONS
 AND BEST PRACTICES TO IMPROVE INDOOR AIR QUALITY IN COVERED ENTITIES;
   (B)  ENTER INTO ANY NECESSARY INTERAGENCY AGREEMENTS TO COORDINATE THE
 INDOOR AIR QUALITY PROGRAM;
   (C) INSPECT A COVERED  ENTITY,  UPON  THEIR  OWN  INITIATIVE  OR  UPON
 COMPLAINT  TO THE DEPARTMENT REGARDING THE QUALITY OF AIR IN THE COVERED
 ENTITY;
   (D) PROVIDE RESULTS OF AN INSPECTION WITH THE DEPARTMENT OF EDUCATION,
 THE SUPERINTENDENT, SCHOOL ADMINISTRATOR, OR SUPERVISOR OF THE SCHOOL IN
 WHICH THE INSPECTION WAS CONDUCTED, THE APPROPRIATE LOCAL HEALTH AUTHOR-
 ITY, AND ANY OTHER PERSON OR DEPARTMENT THE DEPARTMENT DEEMS NECESSARY;
   (E) ASSIST THE COVERED ENTITY  IN  DEVELOPING  A  REASONABLE  PLAN  TO
 IMPROVE AIR QUALITY CONDITIONS FOUND IN THE INSPECTION; AND
   (F)  DEVELOP  AND  IMPLEMENT  PUBLIC  EDUCATION AND COMMUNITY OUTREACH
 PROGRAMS ON INDOOR AIR QUALITY AND RISK REDUCTION.
   3. AFTER INSPECTION, THE DEPARTMENT SHALL PREPARE A REPORT THAT:
   (A) DESCRIBES THE DEPARTMENT'S FINDINGS;
   (B) DESCRIBES WHETHER THE TEST RESULTS EXCEED THE  INDOOR  AIR  GUIDE-
 LINES  ESTABLISHED  BY  THE  DEPARTMENT  OR  THE OCCUPATIONAL SAFETY AND
 HEALTH ADMINISTRATION GUIDELINES FOR INDOOR AIR QUALITY;
   (C) IDENTIFIES ANY CONDITIONS THAT ARE CONTRIBUTING OR COULD  CONTRIB-
 UTE  TO  POOR  INDOOR AIR QUALITY AT THE COVERED ENTITY INCLUDING CARBON
 DIOXIDE LEVELS; HUMIDITY; EVIDENCE OF MOLD OR WATER DAMAGE; EVIDENCE  OF
 HAZARDOUS SUBSTANCES; AND EXCESS DUST; AND
   (D)  PROVIDES GUIDANCE ON STEPS THE COVERED ENTITY MAY TAKE TO IMPROVE
 INDOOR AIR QUALITY.
   4. A COMPLAINT REGARDING THE INDOOR AIR QUALITY OF  A  COVERED  ENTITY
 SHALL  BE  IN  WRITING  AND SENT TO THE DEPARTMENT. THE DEPARTMENT SHALL
 INSPECT SUCH COVERED ENTITY PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO
 OF THIS SECTION.
   § 2578. BEST PRACTICES.  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION, SHALL DISTRIBUTE A GUIDANCE
 DOCUMENT OF BEST PRACTICES FOR MANAGING INDOOR AIR  QUALITY  AT  COVERED
 ENTITIES  AS DESCRIBED IN THIS TITLE. THE DEPARTMENT MAY USE A MANUAL ON
 INDOOR AIR QUALITY IN COVERED ENTITIES DEVELOPED BY  FEDERAL  HEALTH  OR
 ENVIRONMENTAL  AGENCIES  OR  ANOTHER  STATE.  THE  DEPARTMENT, AS DEEMED
 NECESSARY BY THE COMMISSIONER, SHALL PERIODICALLY REVIEW AND REVISE SUCH
 GUIDANCE DOCUMENT TO ASSURE THAT THE  DOCUMENT  CONTINUES  TO  REPRESENT
 BEST PRACTICES AVAILABLE TO COVERED ENTITIES.
   § 2579. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES
 AND  REGULATIONS  IN CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL
 CONSERVATION TO EFFECTUATE THE REQUIREMENTS OF THIS TITLE.
   § 2. Subdivision 1 of section 3-0301 of the environmental conservation
 law is amended by adding a new paragraph ii to read as follows:
   II. COOPERATE WITH  THE  PUBLIC  HEALTH  DEPARTMENT  TO  COMPLETE  THE
 REQUIREMENTS OF TITLE FOUR-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH
 LAW.
   § 3. This act shall take effect immediately.