Bill Text: NY S01121 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to indoor air quality in schools.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S01121 Detail]
Download: New_York-2021-S01121-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1121 2021-2022 Regular Sessions IN SENATE January 7, 2021 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 24 promulgated pursuant to article thirty-seven of the environmental 25 conservation law and includes lead, radon, asbestos, formaldehyde, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01218-01-1S. 1121 2 1 volatile organic compounds exceeding a specified amount as designated by 2 the commissioner. 3 § 2577. Indoor air quality inspection and evaluation program. 1. With- 4 in one year of the effective date of this title, the department shall 5 establish an indoor air quality program. 6 2. The indoor air quality program established pursuant to subdivision 7 one of this section shall require the department to: 8 (a) promulgate regulations for inspections, evaluations, notifications 9 and best practices to improve indoor air quality in covered entities; 10 (b) enter into any necessary interagency agreements to coordinate the 11 indoor air quality program; 12 (c) inspect a covered entity, upon their own initiative or upon 13 complaint to the department regarding the quality of air in the covered 14 entity; 15 (d) provide results of an inspection with the department of education, 16 the superintendent, school administrator, or supervisor of the school in 17 which the inspection was conducted, the appropriate local health author- 18 ity, and any other person or department the department deems necessary; 19 (e) assist the covered entity in developing a reasonable plan to 20 improve air quality conditions found in the inspection; and 21 (f) develop and implement public education and community outreach 22 programs on indoor air quality and risk reduction. 23 3. After inspection, the department shall prepare a report that: 24 (a) describes the department's findings; 25 (b) describes whether the test results exceed the indoor air guide- 26 lines established by the department or the occupational safety and 27 health administration guidelines for indoor air quality; 28 (c) identifies any conditions that are contributing or could contrib- 29 ute to poor indoor air quality at the covered entity including carbon 30 dioxide levels; humidity; evidence of mold or water damage; evidence of 31 hazardous substances; and excess dust; and 32 (d) provides guidance on steps the covered entity may take to improve 33 indoor air quality. 34 4. A complaint regarding the indoor air quality of a covered entity 35 shall be in writing and sent to the department. The department shall 36 inspect such covered entity pursuant to paragraph (c) of subdivision two 37 of this section. 38 § 2578. Best practices. The department, in consultation with the 39 department of environmental conservation, shall distribute a guidance 40 document of best practices for managing indoor air quality at covered 41 entities as described in this title. The department may use a manual on 42 indoor air quality in covered entities developed by federal health or 43 environmental agencies or another state. The department, as deemed 44 necessary by the commissioner, shall periodically review and revise such 45 guidance document to assure that the document continues to represent 46 best practices available to covered entities. 47 § 2579. Rules and regulations. The commissioner shall promulgate rules 48 and regulations in consultation with the commissioner of environmental 49 conservation to effectuate the requirements of this title. 50 § 2. Subdivision 1 of section 3-0301 of the environmental conservation 51 law is amended by adding a new paragraph ii to read as follows: 52 ii. Cooperate with the public health department to complete the 53 requirements of title four-a of article twenty-five of the public health 54 law. 55 § 3. This act shall take effect immediately.
