S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7819
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT directing the department of environmental conservation to commis-
   sion a comprehensive  study  on  the  retrofitting  needs  of  schools
   located  within  500  feet  of  major highways to mitigate exposure to
   harmful air pollution

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The department of environmental conservation, in consulta-
 tion with the department of  education,  shall  commission  a  study  to
 determine  the  necessary  measures  and associated costs to retrofit or
 update air filtration and ventilation systems and to seal  the  building
 envelopes  of  public  and  charter  schools identified as being located
 within 500 feet of major highways.
   This study shall advance the state's obligation to protect  children's
 constitutional  rights  to  a  "sound  basic education" and a "healthful
 environment".
   § 2. The study shall examine public and charter schools located within
 500 hundred feet of a major highway and include, but not be limited  to,
 the following components:
   (a) Air filtration and ventilation assessments, to include:
   (i)  inspecting and documenting the type, age, and condition of exist-
 ing air filtration and ventilation systems, including HVAC  systems  and
 air purifiers in schools;
   (ii)  identifying  any gaps, deficiencies, or absence of such systems;
 and
   (iii) recommending appropriate upgrades or  full  system  replacements
 where  necessary, considering best practices for filtering fine particu-
 late matter and other traffic-related pollutants.
   (b) Building envelope evaluations, to include:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11302-01-5
 A. 7819                             2
              

   (i) inspecting the structural integrity  of  the  building  envelopes,
 including  doors,  windows, walls, and roofing, to assess whether pollu-
 tants are being introduced through leaks or insufficient sealing; and
   (ii)  recommending  weatherization  and  sealing  measures  to improve
 indoor air quality by preventing outdoor air pollutants from  infiltrat-
 ing indoor spaces.
   (c) Feasibility analysis, to include:
   (i)  assessing  the  technical feasibility of implementing filtration,
 ventilation, and  sealing  improvements  in  each  school,  taking  into
 account the building age, design and infrastructure limitations; and
   (ii)  prioritizing  schools  based  on factors such as the severity of
 pollution exposure, vulnerability of the student population, and  exist-
 ing facility conditions.
   (d) Cost estimation, to include:
   (i)  providing  a  detailed,  itemized estimate of the projected costs
 associated with recommended upgrades for each school, including  materi-
 als, labor, and maintenance considerations; and
   (ii)  preparing an aggregate cost estimate for all schools, reflecting
 the total investment required to  address  this  public  health  concern
 statewide.
   §  3.  The  department  of  environmental  conservation shall submit a
 comprehensive report detailing the  study's  findings,  recommendations,
 and cost estimates to the governor, the speaker of the assembly, and the
 temporary  president of the senate within one year of the effective date
 of this act.
   § 4. This act shall take effect immediately.