S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4541--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law,  the  environmental  conservation
   law  and  the education law, in relation to air quality in schools and
   student health
 
   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 4-A
                 INDOOR AIR QUALITY AND VAPING IN SCHOOLS
 SECTION 2576. DEFINITIONS.
         2576-A. INDOOR AIR QUALITY INSPECTION,  MEASUREMENT  AND  EVALU-
                   ATION PROGRAM.
         2576-B. VAPING DETECTORS.
         2576-C. INDOOR AIR QUALITY MONITORS.
         2576-D. BEST PRACTICES.
         2576-E. 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 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,
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09035-02-5
              

 S. 4541--A                          2
 
 CONSERVATION  LAW AND SHALL INCLUDE LEAD, RADON, ASBESTOS, FORMALDEHYDE,
 AND VOLATILE ORGANIC COMPOUNDS EXCEEDING A SPECIFIED  AMOUNT  AS  DESIG-
 NATED BY THE COMMISSIONER.
   3.  "VAPING" MEANS THE ACT OF INHALING AND EXHALING THE AEROSOL, OFTEN
 REFERRED TO AS VAPOR, WHICH IS PRODUCED BY  AN  E-CIGARETTE  OR  SIMILAR
 DEVICE.
   4.  "VAPING  DETECTOR"  MEANS A DEVICE CAPABLE OF DETECTING VAPOR FROM
 VAPING DEVICES AND WHICH ALERTS PEOPLE TO THE  PRESENCE  OF  VAPOR  FROM
 VAPING DEVICES.
   5. "INDOOR AIR QUALITY MONITOR" REFERS TO EQUIPMENT THAT SHALL CONTIN-
 UOUSLY  MEASURE  IN  REAL TIME THE INDOOR AIR QUALITY IN SCHOOLS USING A
 SERIES OF FIXED SENSORS THAT ARE NEITHER HANDHELD NOR MOBILE AND ABLE TO
 MEASURE AT A MINIMUM PARTICULATE MATTER LEVELS FROM  0.3  -  10  MICRON,
 TOTAL VOLATILE ORGANIC COMPOUNDS, TEMPERATURE, HUMIDITY AND CARBON DIOX-
 IDE,  THAT  HAS  BEEN  AWARDED  PERFORMANCE  VALIDATION  BY AN ISO 17065
 ACCREDITED CERTIFYING BODY IN AN ISO 17025 ACCREDITED LABORATORY.
   § 2576-A. INDOOR AIR QUALITY INSPECTION,  MEASUREMENT  AND  EVALUATION
 PROGRAM.  1.  WITHIN  ONE  YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE
 DEPARTMENT MAY ESTABLISH AN INDOOR AIR QUALITY  INSPECTION,  MEASUREMENT
 AND EVALUATION PROGRAM.
   2.  THE  INDOOR  AIR  QUALITY  INSPECTION,  MEASUREMENT AND EVALUATION
 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION  MAY
 REQUIRE THE DEPARTMENT TO:
   (A)  PROMULGATE  REGULATIONS  FOR CONTINUOUS MEASUREMENT OF INDOOR AIR
 QUALITY, 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 AND MEASURE THE INDOOR AIR QUALITY AND VAPING DETECTORS IN
 THE COVERED ENTITY, UPON THEIR OWN INITIATIVE OR UPON COMPLAINT  TO  THE
 DEPARTMENT  REGARDING  THE  QUALITY OF AIR IN THE COVERED ENTITY, UNLESS
 THE ISSUE OR CONDITION RAISED IN SUCH COMPLAINT HAS BEEN THE SUBJECT  OF
 A  PREVIOUS  INSPECTION BY THE DEPARTMENT AND IS CONSIDERED TO BE SATIS-
 FACTORILY RESOLVED OR SUCH ISSUE OR  CONDITION  HAS  ALREADY  BEEN  MADE
 AWARE  TO THE DEPARTMENT AND AN INSPECTION HAS ALREADY BEEN SCHEDULED OR
 COMPLETED;
   (D) PROVIDE RESULTS OF AIR QUALITY DATA COLLECTED BY THE  MONITORS  TO
 THE BUILDING AND DISTRICT LEADER;
   (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 MAY 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, BUT  NOT
 LIMITED  TO,  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
 MAY BE IN WRITING AND SENT TO THE DEPARTMENT. THE DEPARTMENT MAY INSPECT
 S. 4541--A                          3
 
 SUCH COVERED ENTITY PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS
 SECTION.
   §  2576-B.  VAPING  DETECTORS.  NOTWITHSTANDING  THE  REQUIREMENTS  OF
 SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX-A OF THIS TITLE, BEGINNING  WITH
 THE  SCHOOL  YEAR  COMMENCING  AFTER  THE  EFFECTIVE DATE OF THIS TITLE,
 COVERED ENTITIES THAT HAVE ONE THOUSAND OR MORE  STUDENTS  ENROLLED  MAY
 INSTALL  AND  MONITOR VAPING DETECTORS WITHIN THE COVERED ENTITY. VAPING
 DETECTORS MAY BE INSTALLED IN ALL STUDENT BATHROOMS AND COMMON AREAS  IN
 SUCH  COVERED  ENTITIES,  IN  ADDITION  TO  ANY  OTHER LOCATION THAT THE
 COVERED ENTITY MAY DETERMINE IS APPROPRIATE.
   § 2576-C. INDOOR AIR QUALITY MONITORS.  NOTWITHSTANDING  THE  REQUIRE-
 MENTS OF SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX-A OF THIS TITLE, BEGIN-
 NING  WITH  THE  SCHOOL YEAR COMMENCING AFTER THE EFFECTIVE DATE OF THIS
 TITLE, COVERED ENTITIES THAT HAVE ONE THOUSAND OR MORE STUDENTS ENROLLED
 MAY INSTALL AND MONITOR FIXED INDOOR AIR  QUALITY  MONITORS  WITHIN  THE
 COVERED ENTITY. INDOOR AIR QUALITY MONITORS, AS DEFINED IN SECTION TWEN-
 TY-FIVE  HUNDRED SEVENTY-SIX OF THIS TITLE MAY BE FIXED AND INSTALLED IN
 ALL STUDENT CLASSROOMS AND COMMON AREAS IN  SUCH  COVERED  ENTITIES,  IN
 ADDITION  TO ANY OTHER LOCATION THAT THE COVERED ENTITY MAY DETERMINE IS
 APPROPRIATE.
   § 2576-D. BEST PRACTICES. THE DEPARTMENT,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  MAY  DISTRIBUTE A GUIDANCE
 DOCUMENT OF BEST PRACTICES FOR CONTINUOUS INDOOR AIR QUALITY  MONITORING
 SYSTEMS  FOR  MANAGING AND MEASURING INDOOR AIR QUALITY AT COVERED ENTI-
 TIES 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, MAY PERIODICALLY REVIEW AND REVISE SUCH
 GUIDANCE DOCUMENT TO ASSURE THAT THE  DOCUMENT  CONTINUES  TO  REPRESENT
 BEST PRACTICES AND MINIMUM STANDARDS AVAILABLE TO COVERED ENTITIES.
   § 2576-E. RULES AND REGULATIONS. THE COMMISSIONER MAY PROMULGATE RULES
 AND  REGULATIONS  IN CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL
 CONSERVATION AND THE STATE  EDUCATION  COMMISSIONER  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 DEPARTMENT OF HEALTH TO COMPLETE THE REQUIRE-
 MENTS OF TITLE FOUR-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW.
   § 3. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 63 to read as follows:
   63.  THE COMMISSIONER MAY COLLABORATE WITH THE DEPARTMENT OF HEALTH TO
 DEVELOP GUIDANCE CONSISTENT WITH THE REQUIREMENTS  OF  TITLE  FOUR-A  OF
 ARTICLE  TWENTY-FIVE  OF  THE PUBLIC HEALTH LAW AND MAY DISSEMINATE SUCH
 GUIDANCE TO EVERY SCHOOL DISTRICT. THE  COMMISSIONER  MAY  ALSO  REQUIRE
 THAT  EACH  SCHOOL  DISTRICT VERIFY THAT COVERED ENTITIES, AS DEFINED IN
 TITLE FOUR-A OF ARTICLE  TWENTY-FIVE  OF  THE  PUBLIC  HEALTH  LAW,  ARE
 INSTALLING AND MAINTAINING VAPING DETECTORS AND INDOOR AIR QUALITY MONI-
 TORING.
   §  4.  Section  3602  of  the education law is amended by adding a new
 subdivision 6-j to read as follows:
   6-J. A.  BUILDING AID FOR VAPING DETECTION AND CONTINUOUS  INDOOR  AIR
 QUALITY  MONITORING.  IN  ADDITION  TO  THE  APPORTIONMENTS PAYABLE TO A
 SCHOOL DISTRICT PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMIS-
 SIONER IS HEREBY AUTHORIZED TO APPORTION TO ANY  SCHOOL  DISTRICT  ADDI-
 TIONAL  BUILDING  AID  PURSUANT  TO  THIS  SUBDIVISION  FOR ITS APPROVED
 EXPENDITURES IN THE BASE YEAR FOR THE PURCHASE OF VAPING  DETECTORS  AND
 S. 4541--A                          4
 
 CONTINUOUS  INDOOR  AIR  QUALITY  MONITORS  REQUIRED PURSUANT TO SECTION
 TWENTY-FIVE HUNDRED SEVENTY-SIX-B  OF  THE  PUBLIC  HEALTH  LAW  AND  AS
 DEFINED  IN SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH
 LAW,  OR  OTHER  AIR  QUALITY, HEALTH AND SAFETY DEVICES APPROVED BY THE
 COMMISSIONER. THE COMMISSIONER MAY ANNUALLY  PRESCRIBE  A  SPECIAL  COST
 ALLOWANCE  FOR  SUCH  VAPING DETECTORS AND CONTINUOUS INDOOR AIR QUALITY
 MONITORING SYSTEMS, AND THE APPROVED EXPENDITURES MAY  NOT  EXCEED  SUCH
 COST ALLOWANCE.
   B. FOR PROJECTS AUTHORIZED TO RECEIVE ADDITIONAL BUILDING AID PURSUANT
 TO  THIS  SUBDIVISION  FOR THE PURCHASE, INSTALLATION AND MAINTENANCE OF
 VAPING DETECTORS AND INDOOR AIR QUALITY MONITORING ON OR AFTER THE FIRST
 DAY OF JULY NEXT SUCCEEDING THE DATE THIS SUBDIVISION TAKES EFFECT, SUCH
 ADDITIONAL AID MAY EQUAL THE PRODUCT  OF  (I)  THE  BUILDING  AID  RATIO
 COMPUTED FOR USE IN THE CURRENT YEAR PURSUANT TO PARAGRAPH C OF SUBDIVI-
 SION  SIX  OF  THIS SECTION PLUS TEN PERCENT, EXCEPT THAT IN NO CASE MAY
 THIS AMOUNT EXCEED ONE HUNDRED PERCENT, AND  (II)  THE  ACTUAL  APPROVED
 EXPENDITURES  INCURRED  IN  THE  BASE YEAR PURSUANT TO THIS SUBDIVISION,
 PROVIDED THAT THE LIMITATIONS ON COST ALLOWANCES PRESCRIBED BY PARAGRAPH
 A OF SUBDIVISION SIX OF THIS SECTION MAY NOT APPLY. THE COMMISSIONER MAY
 ANNUALLY PRESCRIBE A SPECIAL COST ALLOWANCE  FOR  VAPING  DETECTORS  AND
 INDOOR  AIR  QUALITY  MONITORING  AND  THE APPROVED EXPENDITURES MAY NOT
 EXCEED SUCH COST ALLOWANCE.
   § 5. This act shall take effect immediately.