Senate Bill S7733

2025-2026 Legislative Session

Relates to the completion of and information contained in heating, ventilation and air conditioning systems assessments as part of building condition surveys for purposes of grant eligibility

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Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2025	referred to education

co-Sponsors

2025-S7733 (ACTIVE) - Details

See Assembly Version of this Bill:: A7586
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3641, Ed L

2025-S7733 (ACTIVE) - Summary

Relates to the completion of and information contained in heating, ventilation and air conditioning systems assessments as part of building condition surveys for purposes of grant eligibility; requires such assessments to include a report containing specific information and includes qualification requirements for the person completing the report.

2025-S7733 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7733

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the education law, in relation to assessments of heat-
ing, ventilation and air conditioning systems as part of building condi-
tion surveys for purposes of grant eligibility

 
PURPOSE OF GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that a school's Building Condition
Survey, which is completed in each school district every five years,
contains an assessment of the heating, ventilation and air conditioning
system(s) based upon a report containing data (i) collected by trained
personnel, (ii) as specified in guidance from the American Society of
Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Technical
Committee 9.7, for Educational Facilities. The data contained in a
report following the guidance from ASHRAE is essential for engineers to
thoroughly assess the functionality of a school's air ventilation,
filtration, heating and cooling process and that it meets the require-
ment of the national Uniform Mechanical Code. The systems in schools
that bring outside air into the school building and then condition (heat

or cool) the outside air, remove any impure air particles as it enters
the building, and recycle the indoor air, is a critical system for the
health and safety of everyone in our school buildings. Appropriate data
collections is essential to understand if a system is functioning
correctly and for engineers to make informed recommendations to schools
for repairs or replacements.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Paragraphs b and c of subdivision 4 of section 3641 of
the Education Law. Paragraph b is amended to ensure that the assessment,
included in the building condition survey, of the heating, ventilation
and air conditioning system, is based upon a report completed by trained
personnel and contains data specified in guidance from the American
Society of Heating, Refrigeration and Air Conditioning Engineers
(ASHRAE). Paragraph c is amended to authorize the commissioner to enter
into the necessary contractual agreements with entities employing the
trained personnel to complete the report, in addition to the existing
authority to enter into such contracts with architects and/or engineers.

Section 2: Severability clause

Section 3: This act shall take effect immediately.

 
JUSTIFICATION:

Approximately 41% of school districts across the United States of Ameri-
ca are in need of HVAC and carbon dioxide system improvements, repairs
or updates. New York State's schools are no exception, and the exact
scope of the problem in New York State is not known because there is no
requirement to thoroughly assess these systems. Safe air quality levels
in public schools protect the health of students and staff, significant-
ly reduce the risk of infectious airborne diseases, increase attendance
and improve student performance.The issue of ameliorating a school's air
quality has gotten a lot of well-deserved attention during the spread of
COVID, impact of smoke from massive wildfires and the increase of
extreme heat conditions in our classrooms. A school with a failing or
inadequate heating, ventilation, and air conditioning (HVAC) system,
which controls the temperature, humidity, and air quality in school
classrooms, leave many schools susceptible to harmful airborne particles
and, therefore, vulnerable to any current or future contagion that
plagues the state, and negatively impacts student performance and staff
productivity. To ensure proper school air quality and conditioning,
districts need recommendations based on data collected from their school
buildings. This bill will ensure the data is collected so engineers can
provide valuable advice to districts regarding needed repairs and
replacements to their HVAC systems necessary to ensure compliance with
the Uniform Mechanical Code and to keep students and staff safe and
productive.

 
PRIOR LEGISLATIVE HISTORY:

New.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Recurring funding, indexed for inflation, is currently allocated for the
completion of Building Condition Surveys.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7733 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7733
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to assessments  of  heat-
   ing,  ventilation  and  air  conditioning  systems as part of building
   condition surveys for purposes of grant eligibility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph b and subparagraph 2 of paragraph c of subdivi-
 sion 4 of section 3641 of the education law, paragraph b as  amended  by
 section  27  of  part A-1 of chapter 58 of the laws of 2006 and subpara-
 graph 2 of paragraph c as amended by section 48 of part C of chapter  58
 of  the  laws  of 1998, are amended and a new subparagraph 3 is added to
 paragraph c to read as follows:
   b. Building condition surveys. To be  eligible  for  aid  pursuant  to
 subdivision  six-e  of  section  thirty-six hundred two of this article,
 building condition surveys shall be conducted by a licensed architect or
 licensed professional engineer performing under a state contract entered
 into pursuant to paragraph c  of  this  subdivision,  shall  assess  the
 condition  of all major building systems of a school building, and shall
 be in the form and contain the information prescribed by the commission-
 er. For purposes of this paragraph, "major building systems" shall  mean
 the  electrical,  plumbing,  heating,  ventilation  and air conditioning
 systems, and the roof and other major structural elements  of  a  school
 building.  FOR  THE  PURPOSES  OF  THIS PARAGRAPH, THE ASSESSMENT OF THE
 "HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS" SHALL BE BASED  UPON
 A  REPORT COMPLETED BY: (I) A CERTIFIED TESTING, ADJUSTING AND BALANCING
 (TAB) TECHNICIAN; OR (II) A WORKFORCE WHERE AT LEAST  SIXTY  PERCENT  OF
 THE CONSTRUCTION WORKERS ARE GRADUATES OF OR REGISTERED IN AND ATTENDING
 A  REGISTERED APPRENTICESHIP PROGRAM FOR THE APPLICABLE OCCUPATION UNDER
 THE SUPERVISION OF A CERTIFIED TESTING, ADJUSTING  AND  BALANCING  (TAB)
 TECHNICIAN; OR (III) A PERSON CERTIFIED TO PERFORM VENTILATION VERIFICA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11151-01-5

 S. 7733                             2
 
 TION  ASSESSMENTS  OF  HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS
 FROM AN ORGANIZATION  THAT  HAS  BEEN  ACCREDITED  UNDER  ISO/IEC  17024
 PERSONNEL  CERTIFICATION  STANDARD  IN  VENTILATION VERIFICATION ASSESS-
 MENTS.  THE REPORT ASSESSING THE HEATING, VENTILATION AND AIR CONDITION-
 ING  SYSTEMS SHALL CONTAIN THE INFORMATION OUTLINED IN THE SAMPLE VENTI-
 LATION VERIFICATION TEST SHEETS  LISTED  IN  THE  PREREQUISITE  SECTION,
 ADDITIONAL  GUIDANCE,  OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATION
 AND AIR CONDITIONING ENGINEERS (ASHRAE) TECHNICAL COMMITTEE 9.7,  EDUCA-
 TIONAL  FACILITIES DESIGN GUIDANCE FOR EDUCATIONAL FACILITIES: PRIORITI-
 ZATION FOR ADVANCED INDOOR AIR QUALITY, 2023 PUBLICATION, OR ITS SUCCES-
 SOR.
   (2) The commissioner is hereby authorized to enter into the  necessary
 contractual  agreements with architects and/or engineers AND/OR ENTITIES
 EMPLOYING: (I) CERTIFIED TESTING, ADJUSTING AND BALANCING (TAB)  TECHNI-
 CIANS;  OR  (II)  A  WORKFORCE  WHERE  AT  LEAST  SIXTY  PERCENT  OF THE
 CONSTRUCTION WORKERS ARE GRADUATES OF OR REGISTERED IN AND  ATTENDING  A
 REGISTERED  APPRENTICESHIP  PROGRAM  FOR THE APPLICABLE OCCUPATION UNDER
 THE SUPERVISION OF A CERTIFIED TESTING, ADJUSTING  AND  BALANCING  (TAB)
 TECHNICIAN; OR (III) A PERSON CERTIFIED TO PERFORM VENTILATION VERIFICA-
 TION  ASSESSMENTS  OF  HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS
 FROM AN ORGANIZATION  THAT  HAS  BEEN  ACCREDITED  UNDER  ISO/IEC  17024
 PERSONNEL CERTIFICATION STANDARD IN VENTILATION VERIFICATION ASSESSMENTS
 to  state-wide contracts to provide building construction surveys AND/OR
 REPORTS REQUIRED TO COMPLETE SUCH SURVEYS on  a  regional  basis  for  a
 fixed fee per square foot. Such building condition surveys shall be used
 to assist school districts with the development of their five-year capi-
 tal facilities plan.
   (3) THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  contained  in  any  part  of this act shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment  shall not affect, impair, or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  subdivision,  section  or part of this act contained in any part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall  have been rendered. It is hereby declared to be the intent of the
 legislature that this act would have been enacted even if  such  invalid
 provisions had not been included herein.
   § 3. This act shall take effect immediately.

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Senate Bill S7733

Sponsored By

Current Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

2025-S7733 (ACTIVE) - Details

2025-S7733 (ACTIVE) - Summary

2025-S7733 (ACTIVE) - Sponsor Memo

2025-S7733 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jeremy Cooney

Current Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

Robert Jackson

2025-S7733 (ACTIVE) - Details

2025-S7733 (ACTIVE) - Summary

2025-S7733 (ACTIVE) - Sponsor Memo

2025-S7733 (ACTIVE) - Bill Text download pdf

Comments