Assembly Bill A5796

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5796
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced by M. of A. SOLAGES, GRAY, K. BROWN -- read once and referred
   to the Committee on Health
 
 AN  ACT  to  amend the public health law, in relation to prohibiting the
   use of vaping devices and  the  consumption  of  vaporized  substances
   within educational institutions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 1399-o of the public  health  law,
 as  added  by  chapter  102  of  the laws of 2017, is amended to read as
 follows:
   5. a. [Use of an  electronic  cigarette  or  e-cigarette]  VAPING,  AS
 DEFINED IN SUBDIVISION NINE OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF
 THIS  ARTICLE,  shall not be permitted [on school grounds, as defined in
 subdivision six of section thirteen hundred ninety-nine-n of this  arti-
 cle] IN ANY EDUCATIONAL INSTITUTION.
   b.  ["Electronic cigarette" or "e-cigarette" shall have the same mean-
 ing as in subdivision thirteen of section thirteen hundred  ninety-nine-
 aa  of this chapter.] "EDUCATIONAL INSTITUTION" SHALL MEAN ANY BUILDING,
 STRUCTURE, AND SURROUNDING OUTDOOR GROUNDS CONTAINED WITHIN A PUBLIC  OR
 PRIVATE SCHOOL, INCLUDING PRE-SCHOOLS, NURSERY SCHOOLS, PRIMARY SCHOOLS,
 SECONDARY  SCHOOLS,  AND HIGHER EDUCATION INSTITUTIONS, INCLUDING CLASS-
 ROOMS, LIBRARIES, LABORATORIES, RESTROOMS,  CAFETERIAS,  AND  ALL  OTHER
 INDOOR  AND  OUTDOOR  AREAS  OWNED OR OPERATED BY THE EDUCATIONAL INSTI-
 TUTIONS.
   C. EDUCATIONAL INSTITUTIONS SHALL EDUCATE STUDENTS,  TEACHERS,  STAFF,
 AND  PARENTS  ABOUT  THE HEALTH RISKS ASSOCIATED WITH VAPING AND PROVIDE
 INFORMATION ON AVAILABLE RESOURCES FOR SMOKING CESSATION.
   D. (I) SCHOOL ADMINISTRATORS, TEACHERS, RESOURCE  OFFICERS  AND  STAFF
 MEMBERS  SHALL  BE  RESPONSIBLE  FOR MONITORING AND ENFORCING COMPLIANCE
 WITH THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08223-01-5
 A. 5796                             2
              

 
   (II) VIOLATORS OF THIS SUBDIVISION SHALL  BE  SUBJECT  TO  APPROPRIATE
 DISCIPLINARY  ACTION,  PURSUANT TO THE POLICIES OF THE RESPECTIVE EDUCA-
 TIONAL INSTITUTION.
   (III)  IN  CASE  OF REPEATED VIOLATIONS OR NON-COMPLIANCE, EDUCATIONAL
 INSTITUTIONS MAY REPORT THE MATTER TO THE  APPROPRIATE  AUTHORITIES  FOR
 FURTHER LEGAL ACTION, PURSUANT TO APPLICABLE LAWS AND REGULATIONS.
   (IV)  THE DEPARTMENT OF EDUCATION, IN COOPERATION WITH THE DEPARTMENT,
 SHALL DEVELOP AN AUDIO AND ONLINE REPORTING  PROGRAM  FOR  INCIDENTS  OF
 PERSISTENT OCCURRENCES.
   E.  (I) THE DEPARTMENT OF EDUCATION SHALL PROVIDE SUPPORT AND GUIDANCE
 TO EDUCATIONAL INSTITUTIONS IN IMPLEMENTING AND ENFORCING THE PROVISIONS
 OF THIS SUBDIVISION.
   (II) GOVERNMENT AGENCIES, INCLUDING BUT NOT LIMITED TO  COUNTY  PUBLIC
 HEALTH  AND  NONPROFIT ORGANIZATIONS, SHALL COLLABORATE WITH EDUCATIONAL
 INSTITUTIONS TO DEVELOP EDUCATIONAL  PROGRAMS  AND  AWARENESS  CAMPAIGNS
 HIGHLIGHTING THE RISKS AND CONSEQUENCES OF VAPING.
   §  2.  Subdivision  3  of  section 1399-p of the public health law, as
 amended by chapter 335 of the laws  of  2017,  is  amended  to  read  as
 follows:
   3. The provisions of this section shall apply to after-school programs
 that  are subject to the provisions of subdivision four of section thir-
 teen hundred ninety-nine-o of this article AND EDUCATIONAL  INSTITUTIONS
 THAT  ARE SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE OF SECTION THIR-
 TEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE, provided that  signs  posted
 pursuant  to  this  subdivision  shall  specify the specific time period
 during which smoking and vaping shall be prohibited.
   § 3. This act shall take effect August 1, 2026. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.