 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2649
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 21, 2025
                                       ___________
 
        Introduced  by M. of A. SAYEGH, CUNNINGHAM, SHIMSKY, BEEPHAN, DeSTEFANO,
          SIMON, LEMONDES, RAGA -- read once and referred 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05461-01-5
        A. 2649                             2
 
     1  conservation law and includes lead, radon, asbestos,  formaldehyde,  and
     2  volatile organic compounds exceeding a specified amount as designated by
     3  the commissioner.
     4    § 2577. Indoor air quality inspection and evaluation program. 1. With-
     5  in  one  year  of the effective date of this title, the department shall
     6  establish an indoor air quality program.
     7    2. The indoor air quality program established pursuant to  subdivision
     8  one of this section shall require the department to:
     9    (a) promulgate regulations for inspections, evaluations, notifications
    10  and best practices to improve indoor air quality in covered entities;
    11    (b)  enter into any necessary interagency agreements to coordinate the
    12  indoor air quality program;
    13    (c) inspect a covered  entity,  upon  their  own  initiative  or  upon
    14  complaint  to the department regarding the quality of air in the covered
    15  entity, unless the issue or condition raised in such complaint has  been
    16  the subject of a previous inspection by the department and is considered
    17  to  be  satisfactorily  resolved  or such issue or condition has already
    18  been made aware to the department and an  inspection  has  already  been
    19  scheduled or completed;
    20    (d) provide results of an inspection with the department of education,
    21  the superintendent, school administrator, or supervisor of the school in
    22  which the inspection was conducted, the appropriate local health author-
    23  ity, and any other person or department the department deems necessary;
    24    (e)  assist  the  covered  entity  in  developing a reasonable plan to
    25  improve air quality conditions found in the inspection; and
    26    (f) develop and implement  public  education  and  community  outreach
    27  programs on indoor air quality and risk reduction.
    28    3. After inspection, the department shall prepare a report that:
    29    (a) describes the department's findings;
    30    (b)  describes  whether  the test results exceed the indoor air guide-
    31  lines established by the  department  or  the  occupational  safety  and
    32  health administration guidelines for indoor air quality;
    33    (c)  identifies any conditions that are contributing or could contrib-
    34  ute to poor indoor air quality at the covered  entity  including  carbon
    35  dioxide  levels; humidity; evidence of mold or water damage; evidence of
    36  hazardous substances; and excess dust; and
    37    (d) provides guidance on steps the covered entity may take to  improve
    38  indoor air quality.
    39    4.  A  complaint  regarding the indoor air quality of a covered entity
    40  shall be in writing and sent to the  department.  The  department  shall
    41  inspect such covered entity pursuant to paragraph (c) of subdivision two
    42  of this section.
    43    § 2578. Best  practices.  The  department,  in  consultation  with the
    44  department of environmental conservation, shall  distribute  a  guidance
    45  document  of  best  practices for managing indoor air quality at covered
    46  entities as described in this title. The department may use a manual  on
    47  indoor  air  quality  in covered entities developed by federal health or
    48  environmental agencies or  another  state.  The  department,  as  deemed
    49  necessary by the commissioner, shall periodically review and revise such
    50  guidance  document  to  assure  that the document continues to represent
    51  best practices available to covered entities.
    52    § 2579. Rules and regulations. The commissioner shall promulgate rules
    53  and regulations in consultation with the commissioner  of  environmental
    54  conservation to effectuate the requirements of this title.
    55    § 2. Subdivision 1 of section 3-0301 of the environmental conservation
    56  law is amended by adding a new paragraph ii to read as follows:
        A. 2649                             3
 
     1    ii.  Cooperate  with  the  public  health  department  to complete the
     2  requirements of title four-A of article twenty-five of the public health
     3  law.
     4    § 3. This act shall take effect immediately.
Relates to indoor air quality in schools

What's Happening

Why It Matters
