S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2538
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   establishing an indoor air quality inspection and evaluation program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 19 of the environmental conservation law is amended
 by adding a new title 13 to read as follows:
                                 TITLE 13
 
                            INDOOR AIR QUALITY
 SECTION 19-1301. DEFINITIONS.
         19-1303. INDOOR AIR QUALITY INSPECTION AND EVALUATION PROGRAM.
         19-1305. GUIDANCE; BEST PRACTICES.
         19-1307. RULES AND REGULATIONS.
 § 19-1301. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "COVERED ENTITY" SHALL INCLUDE ANY PUBLIC BUILDING  AS  DEFINED  IN
 SUBDIVISION TWO OF THIS SECTION.
   2.  "PUBLIC  BUILDING"  SHALL  INCLUDE  A  FACTORY BUILDING, AN OFFICE
 BUILDING, A MERCANTILE BUILDING, A HOTEL BUILDING, A THEATRE BUILDING, A
 WAREHOUSE BUILDING, AN APARTMENT BUILDING, A STATE OR  MUNICIPAL  BUILD-
 ING, A SCHOOL, A COLLEGE OR UNIVERSITY BUILDING, A BUILDING CONTAINING A
 PLACE OF PUBLIC ASSEMBLY MAINTAINED OR LEASED FOR PECUNIARY GAIN, OR ANY
 OTHER  BUILDING  MORE  THAN  ONE STORY HIGH EXCEPT A DWELLING HOUSE LESS
 THAN THREE STORIES HIGH OR OCCUPIED BY FEWER THAN THREE FAMILIES.
   3. "INDOOR AIR QUALITY" MEANS AIR QUALITY WITHIN AND AROUND A  COVERED
 ENTITY  WHICH  AFFECTS  THE  HEALTH AND COMFORT OF INDIVIDUALS WITHIN OR
 NEAR SUCH BUILDING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03145-01-3
 A. 2538                             2
              

 
   4.  "HAZARDOUS  AIR  POLLUTANTS"  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 ENVIRON-
 MENTAL  CONSERVATION  LAW  WHICH  MAY  AFFECT  INDOOR  AIR  QUALITY  AND
 INCLUDES,  BUT  IS  NOT  LIMITED TO LEAD, RADON, ASBESTOS, FORMALDEHYDE,
 VOLATILE  ORGANIC  COMPOUNDS,   MOLD,   EXCESS   MOISTURE,   PESTICIDES,
 SUBSTANCES FROM FUEL-BURNING COMBUSTION APPLIANCES, TOBACCO PRODUCTS AND
 ANY  SUBSTANCE  KNOWN  TO CAUSE HEALTH EFFECTS WHICH EXCEEDS A SPECIFIED
 LEVEL AS DESIGNATED BY THE COMMISSIONER.
   5. "HEALTH EFFECTS" MEANS THOSE THAT ARE IMMEDIATE INCLUDING, BUT  NOT
 LIMITED TO IRRITATION OF THE EYES, NOSE, OR THROAT, HEADACHES, DIZZINESS
 AND  FATIGUE  AND THOSE THAT ARE LONG-TERM INCLUDING, BUT NOT LIMITED TO
 RESPIRATORY DISEASES, HEART DISEASE, ASTHMA AND LUNG CANCER.
 § 19-1303. INDOOR AIR QUALITY INSPECTION AND EVALUATION PROGRAM.
   1. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE DEPARTMENT
 SHALL ESTABLISH AN INDOOR AIR QUALITY INSPECTION AND EVALUATION PROGRAM.
   2. THE DEPARTMENT SHALL, IN ORDER  TO  EFFECTUATE  THE  PROVISIONS  OF
 SUBDIVISION ONE OF THIS SECTION:
   (A)  PROMULGATE  REGULATIONS  FOR INSPECTIONS, EVALUATIONS, ACCEPTABLE
 LEVELS OF HAZARDOUS AIR POLLUTANTS, VENTILATION STANDARDS, 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 INSPECTION AND EVALUATION PROGRAM;
   (C)  INSPECT  A  COVERED  ENTITY,  UPON  THEIR  OWN INITIATIVE OR UPON
 COMPLAINT TO THE DEPARTMENT REGARDING INDOOR AIR QUALITY;
   (D) PROVIDE RESULTS OF AN INSPECTION WITH ANY APPROPRIATE LOCAL HEALTH
 AUTHORITY, AND ANY OTHER  PERSON  OR  DEPARTMENT  THE  DEPARTMENT  DEEMS
 NECESSARY;
   (E)  ASSIST COVERED ENTITIES IN DEVELOPING REASONABLE PLANS TO IMPROVE
 INDOOR AIR QUALITY CONDITIONS INCLUDING BUT NOT LIMITED TO  THOSE  FOUND
 DURING INSPECTION; AND
   (F)  DEVELOP  AND IMPLEMENT COMMUNITY OUTREACH PROGRAMS TO EDUCATE THE
 PUBLIC ON INDOOR AIR QUALITY AND RISK REDUCTION.
   3. AFTER EACH INSPECTION, THE DEPARTMENT SHALL PREPARE A REPORT THAT:
   (A) DESCRIBES THE DEPARTMENT'S FINDINGS;
   (B) DESCRIBES WHETHER ANY TEST RESULTS EXCEED  ACCEPTABLE  LEVELS  FOR
 ANY  HAZARDOUS AIR POLLUTANTS ESTABLISHED BY THE DEPARTMENT OR THE OCCU-
 PATIONAL 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, INCLUDING, BUT NOT LIMITED TO INADEQUATE
 VENTILATION; 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 IN A MANNER TO BE  DETER-
 MINED  BY  THE  DEPARTMENT.  THE  DEPARTMENT  SHALL DETERMINE WHETHER AN
 INSPECTION OF SUCH COVERED ENTITY PURSUANT TO PARAGRAPH (C) OF  SUBDIVI-
 SION  TWO  OF  THIS  SECTION  IS NECESSARY. IF NECESSARY, THE DEPARTMENT
 SHALL CONDUCT SUCH INSPECTION  WITHIN  SIXTY  DAYS  OF  RECEIPT  OF  THE
 COMPLAINT.
 § 19-1305. GUIDANCE; BEST PRACTICES.
   THE  DEPARTMENT,  IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL
 DISTRIBUTE A GUIDANCE DOCUMENT OR DOCUMENTS OF BEST PRACTICES FOR MANAG-
 ING INDOOR AIR QUALITY AS DESCRIBED IN THIS TITLE,  INCLUDING,  BUT  NOT
 LIMITED  TO BEST PRACTICES FOR VENTILATION. THE DEPARTMENT MAY UTILIZE A
 A. 2538                             3
 
 MANUAL, DIRECTIVES OR OTHER LITERATURE ON INDOOR AIR  QUALITY  DEVELOPED
 BY FEDERAL HEALTH OR ENVIRONMENTAL AGENCIES OR THOSE DEVELOPED BY ANOTH-
 ER  STATE,  IF  APPLICABLE.  THE  DEPARTMENT, AS DEEMED NECESSARY BY THE
 COMMISSIONER,  SHALL  PERIODICALLY REVIEW AND REVISE SUCH GUIDANCE DOCU-
 MENTS TO ENSURE THEY CONTINUE TO REPRESENT THE BEST PRACTICES AVAILABLE.
 § 19-1307. RULES AND REGULATIONS.
   THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  IN  CONSULTA-
 TION  WITH  THE COMMISSIONER OF HEALTH TO EFFECTUATE THE REQUIREMENTS OF
 THIS TITLE.
   § 2. This act shall take effect immediately.