 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8273
 
                    IN SENATE
 
                                       May 1, 2020
                                       ___________
 
        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
    26  volatile organic compounds exceeding a specified amount as designated by
    27  the commissioner.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15253-01-0

        S. 8273                             2
 
     1    § 2577. Indoor air quality inspection and evaluation program. 1. With-
     2  in one year of the effective date of this title,  the  department  shall
     3  establish an indoor air quality program.
     4    2.  The indoor air quality program established pursuant to subdivision
     5  one of this section shall require the department to:
     6    (a) promulgate regulations for inspections, evaluations, notifications
     7  and best practices to improve indoor air quality in covered entities;
     8    (b) enter into any necessary interagency agreements to coordinate  the
     9  indoor air quality program;
    10    (c)  inspect  a  covered  entity,  upon  their  own initiative or upon
    11  complaint to the department regarding the quality of air in the  covered
    12  entity;
    13    (d) provide results of an inspection with the department of education,
    14  the superintendent, school administrator, or supervisor of the school in
    15  which the inspection was conducted, the appropriate local health author-
    16  ity, and any other person or department the department deems necessary;
    17    (e)  assist  the  covered  entity  in  developing a reasonable plan to
    18  improve air quality conditions found in the inspection; and
    19    (f) develop and implement  public  education  and  community  outreach
    20  programs on indoor air quality and risk reduction.
    21    3. After inspection, the department shall prepare a report that:
    22    (a) describes the department's findings;
    23    (b)  describes  whether  the test results exceed the indoor air guide-
    24  lines established by the  department  or  the  occupational  safety  and
    25  health administration guidelines for indoor air quality;
    26    (c)  identifies any conditions that are contributing or could contrib-
    27  ute to poor indoor air quality at the covered  entity  including  carbon
    28  dioxide  levels; humidity; evidence of mold or water damage; evidence of
    29  hazardous substances; and excess dust; and
    30    (d) provides guidance on steps the covered entity may take to  improve
    31  indoor air quality.
    32    4.  A  complaint  regarding the indoor air quality of a covered entity
    33  shall be in writing and sent to the  department.  The  department  shall
    34  inspect such covered entity pursuant to paragraph (c) of subdivision two
    35  of this section.
    36    § 2578. Best  practices.  The  department,  in  consultation  with the
    37  department of environmental conservation, shall  distribute  a  guidance
    38  document  of  best  practices for managing indoor air quality at covered
    39  entities as described in this title. The department may use a manual  on
    40  indoor  air  quality  in covered entities developed by federal health or
    41  environmental agencies or  another  state.  The  department,  as  deemed
    42  necessary by the commissioner, shall periodically review and revise such
    43  guidance  document  to  assure  that the document continues to represent
    44  best practices available to covered entities.
    45    § 2579. Rules and regulations. The commissioner shall promulgate rules
    46  and regulations in consultation with the commissioner  of  environmental
    47  conservation to effectuate the requirements of this title.
    48    § 2. Subdivision 1 of section 3-0301 of the environmental conservation
    49  law is amended by adding a new paragraph ii to read as follows:
    50    ii.  Cooperate  with  the  public  health  department  to complete the
    51  requirements of title four-a of article twenty-five of the public health
    52  law.
    53    § 3. This act shall take effect immediately.
Relates to indoor air quality in schools

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