Bill Text: NY S02676 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to indoor air quality in schools.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO HEALTH [S02676 Detail]

Download: New_York-2023-S02676-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2676--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 24, 2023
                                       ___________

        Introduced  by  Sens. FERNANDEZ, HOYLMAN-SIGAL -- 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 and the environmental conservation
          law, in relation to indoor air quality in schools

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Article 25 of the public health law is amended by adding a
     2  new title 4-A to read as follows:
     3                                 TITLE IV-A
     4                        INDOOR AIR QUALITY IN SCHOOLS
     5  Section 2576. Definitions.
     6          2577. Indoor air quality inspection and evaluation program.
     7          2578. Best practices.
     8          2579. Rules and regulations.
     9    § 2576. Definitions. As used in this title, the following terms  shall
    10  have  the following meanings, unless the context clearly requires other-
    11  wise:
    12    1. "Covered entity" means a  facility  used  for  (a)  instruction  of
    13  elementary  or secondary students by: (i) any school district, including
    14  a special act school district and a  city  school  district  in  a  city
    15  having  a  population of one hundred twenty-five thousand inhabitants or
    16  more, (ii) a board of cooperative educational services, (iii) a  charter
    17  school,  (iv)  an  approved private school for the education of students
    18  with disabilities, (v) a state-supported school for the  deaf  or  blind
    19  operated  pursuant to article eighty-five of the education law, and (vi)
    20  any other private or parochial elementary or secondary school;  and  (b)
    21  pre-kindergarten programs.
    22    2.  "Hazardous  substances"  means any substance listed as a substance
    23  hazardous to the public health, safety or the environment in regulations

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06186-04-3
        S. 2676--A                          2

     1  promulgated  pursuant  to  article  thirty-seven  of  the  environmental
     2  conservation  law  and includes lead, radon, asbestos, formaldehyde, and
     3  volatile organic compounds exceeding a specified amount as designated by
     4  the commissioner.
     5    § 2577. Indoor air quality inspection and evaluation program. 1. With-
     6  in  one  year  of the effective date of this title, the department shall
     7  establish an indoor air quality program.
     8    2. The indoor air quality program established pursuant to  subdivision
     9  one of this section shall require the department to:
    10    (a) promulgate regulations for inspections, evaluations, notifications
    11  and best practices to improve indoor air quality in covered entities;
    12    (b)  enter into any necessary interagency agreements to coordinate the
    13  indoor air quality program;
    14    (c) inspect a covered  entity,  upon  their  own  initiative  or  upon
    15  complaint  to the department regarding the quality of air in the covered
    16  entity, unless the issue or condition raised in such complaint has  been
    17  the subject of a previous inspection by the department and is considered
    18  to  be  satisfactorily  resolved  or such issue or condition has already
    19  been made aware to the department and an  inspection  has  already  been
    20  scheduled or completed;
    21    (d) provide results of an inspection with the department of education,
    22  the superintendent, school administrator, or supervisor of the school in
    23  which the inspection was conducted, the appropriate local health author-
    24  ity, and any other person or department the department deems necessary;
    25    (e)  assist  the  covered  entity  in  developing a reasonable plan to
    26  improve air quality conditions found in the inspection; and
    27    (f) develop and implement  public  education  and  community  outreach
    28  programs on indoor air quality and risk reduction.
    29    3. After inspection, the department shall prepare a report that:
    30    (a) describes the department's findings;
    31    (b)  describes  whether  the test results exceed the indoor air guide-
    32  lines established by the  department  or  the  occupational  safety  and
    33  health administration guidelines for indoor air quality;
    34    (c)  identifies any conditions that are contributing or could contrib-
    35  ute to poor indoor air quality at the covered  entity  including  carbon
    36  dioxide  levels; humidity; evidence of mold or water damage; evidence of
    37  hazardous substances; and excess dust; and
    38    (d) provides guidance on steps the covered entity may take to  improve
    39  indoor air quality.
    40    4.  A  complaint  regarding the indoor air quality of a covered entity
    41  shall be in writing and sent to the  department.  The  department  shall
    42  inspect such covered entity pursuant to paragraph (c) of subdivision two
    43  of this section.
    44    § 2578. Best  practices.  The  department,  in  consultation  with the
    45  department of environmental conservation, shall  distribute  a  guidance
    46  document  of  best  practices for managing indoor air quality at covered
    47  entities as described in this title. The department may use a manual  on
    48  indoor  air  quality  in covered entities developed by federal health or
    49  environmental agencies or  another  state.  The  department,  as  deemed
    50  necessary by the commissioner, shall periodically review and revise such
    51  guidance  document  to  assure  that the document continues to represent
    52  best practices available to covered entities.
    53    § 2579. Rules and regulations. The commissioner shall promulgate rules
    54  and regulations in consultation with the commissioner  of  environmental
    55  conservation to effectuate the requirements of this title.
        S. 2676--A                          3

     1    § 2. Subdivision 1 of section 3-0301 of the environmental conservation
     2  law is amended by adding a new paragraph ii to read as follows:
     3    ii.  Cooperate  with  the  public  health  department  to complete the
     4  requirements of title four-A of article twenty-five of the public health
     5  law.
     6    § 3. This act shall take effect immediately.