STATE OF NEW YORK ________________________________________________________________________ 5347--A 2025-2026 Regular Sessions IN ASSEMBLY February 13, 2025 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, the environmental conservation law and the education law, in relation to air quality in schools and student health 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 4-A 4 INDOOR AIR QUALITY AND VAPING IN SCHOOLS 5 Section 2576. Definitions. 6 2576-a. Indoor air quality inspection, measurement and evalu- 7 ation program. 8 2576-b. Vaping detectors. 9 2576-c. Indoor air quality monitors. 10 2576-d. Best practices. 11 2576-e. Rules and regulations. 12 § 2576. Definitions. As used in this title, the following terms shall 13 have the following meanings, unless the context clearly requires other- 14 wise: 15 1. "Covered entity" means a facility used for (a) instruction of 16 elementary or secondary students by any school district, including a 17 special act school district and a city school district in a city having 18 a population of one hundred twenty-five thousand inhabitants or more, 19 and (b) pre-kindergarten programs. 20 2. "Hazardous substances" means any substance listed as a substance 21 hazardous to the public health, safety or the environment in regulations 22 promulgated pursuant to article thirty-seven of the environmental 23 conservation law and shall include lead, radon, asbestos, formaldehyde, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09035-03-5
A. 5347--A 2 1 and volatile organic compounds exceeding a specified amount as desig- 2 nated by the commissioner. 3 3. "Vaping" means the act of inhaling and exhaling the aerosol, often 4 referred to as vapor, which is produced by an e-cigarette or similar 5 device. 6 4. "Vaping detector" means a device capable of detecting vapor from 7 vaping devices and which alerts people to the presence of vapor from 8 vaping devices. 9 5. "Indoor air quality monitor" refers to equipment that shall contin- 10 uously measure in real time the indoor air quality in schools using a 11 series of fixed sensors that are neither handheld nor mobile and able to 12 measure at a minimum particulate matter levels from 0.3 - 10 micron, 13 total volatile organic compounds, temperature, humidity and carbon diox- 14 ide, that has been awarded performance validation by an ISO 17065 15 accredited certifying body in an ISO 17025 accredited laboratory. 16 § 2576-a. Indoor air quality inspection, measurement and evaluation 17 program. 1. Within one year of the effective date of this title, the 18 department may establish an indoor air quality inspection, measurement 19 and evaluation program. 20 2. The indoor air quality inspection, measurement and evaluation 21 program established pursuant to subdivision one of this section may 22 require the department to: 23 (a) promulgate regulations for continuous measurement of indoor air 24 quality, inspections, evaluations, notifications and best practices to 25 improve indoor air quality in covered entities; 26 (b) enter into any necessary interagency agreements to coordinate the 27 indoor air quality program; 28 (c) inspect and measure the indoor air quality and vaping detectors in 29 the covered entity, upon their own initiative or upon complaint to the 30 department regarding the quality of air in the covered entity, unless 31 the issue or condition raised in such complaint has been the subject of 32 a previous inspection by the department and is considered to be satis- 33 factorily resolved or such issue or condition has already been made 34 aware to the department and an inspection has already been scheduled or 35 completed; 36 (d) provide results of air quality data collected by the monitors to 37 the building and district leader; 38 (e) assist the covered entity in developing a reasonable plan to 39 improve air quality conditions found in the inspection; and 40 (f) develop and implement public education and community outreach 41 programs on indoor air quality and risk reduction. 42 3. After inspection, the department may prepare a report that: 43 (a) describes the department's findings; 44 (b) describes whether the test results exceed the indoor air guide- 45 lines established by the department or the occupational safety and 46 health administration guidelines for indoor air quality; 47 (c) identifies any conditions that are contributing or could contrib- 48 ute to poor indoor air quality at the covered entity including, but not 49 limited to, carbon dioxide levels; humidity; evidence of mold or water 50 damage; evidence of hazardous substances; and excess dust; and 51 (d) provides guidance on steps the covered entity may take to improve 52 indoor air quality. 53 4. A complaint regarding the indoor air quality of a covered entity 54 may be in writing and sent to the department. The department may inspect 55 such covered entity pursuant to paragraph (c) of subdivision two of this 56 section.
A. 5347--A 3 1 § 2576-b. Vaping detectors. Notwithstanding the requirements of 2 section twenty-five hundred seventy-six-a of this title, beginning with 3 the school year commencing after the effective date of this title, 4 covered entities that have one thousand or more students enrolled may 5 install and monitor vaping detectors within the covered entity. Vaping 6 detectors may be installed in all student bathrooms and common areas in 7 such covered entities, in addition to any other location that the 8 covered entity may determine is appropriate. 9 § 2576-c. Indoor air quality monitors. Notwithstanding the require- 10 ments of section twenty-five hundred seventy-six-a of this title, begin- 11 ning with the school year commencing after the effective date of this 12 title, covered entities that have one thousand or more students enrolled 13 may install and monitor fixed indoor air quality monitors within the 14 covered entity. Indoor air quality monitors, as defined in section twen- 15 ty-five hundred seventy-six of this title may be fixed and installed in 16 all student classrooms and common areas in such covered entities, in 17 addition to any other location that the covered entity may determine is 18 appropriate. 19 § 2576-d. Best practices. The department, in consultation with the 20 department of environmental conservation, may distribute a guidance 21 document of best practices for continuous indoor air quality monitoring 22 systems for managing and measuring indoor air quality at covered enti- 23 ties as described in this title. The department may use a manual on 24 indoor air quality in covered entities developed by federal health or 25 environmental agencies or another state. The department, as deemed 26 necessary by the commissioner, may periodically review and revise such 27 guidance document to assure that the document continues to represent 28 best practices and minimum standards available to covered entities. 29 § 2576-e. Rules and regulations. The commissioner may promulgate rules 30 and regulations in consultation with the commissioner of environmental 31 conservation and the state education commissioner to effectuate the 32 requirements of this title. 33 § 2. Subdivision 1 of section 3-0301 of the environmental conservation 34 law is amended by adding a new paragraph ii to read as follows: 35 ii. Cooperate with the department of health to complete the require- 36 ments of title four-A of article twenty-five of the public health law. 37 § 3. Section 305 of the education law is amended by adding a new 38 subdivision 63 to read as follows: 39 63. The commissioner may collaborate with the department of health to 40 develop guidance consistent with the requirements of title four-A of 41 article twenty-five of the public health law and may disseminate such 42 guidance to every school district. The commissioner may also require 43 that each school district verify that covered entities, as defined in 44 title four-A of article twenty-five of the public health law, are 45 installing and maintaining vaping detectors and indoor air quality moni- 46 toring. 47 § 4. Section 3602 of the education law is amended by adding a new 48 subdivision 6-j to read as follows: 49 6-j. a. Building aid for vaping detection and continuous indoor air 50 quality monitoring. In addition to the apportionments payable to a 51 school district pursuant to subdivision six of this section, the commis- 52 sioner is hereby authorized to apportion to any school district addi- 53 tional building aid pursuant to this subdivision for its approved 54 expenditures in the base year for the purchase of vaping detectors and 55 continuous indoor air quality monitors required pursuant to section 56 twenty-five hundred seventy-six-b of the public health law and as
A. 5347--A 4 1 defined in section twenty-five hundred seventy-six of the public health 2 law, or other air quality, health and safety devices approved by the 3 commissioner. The commissioner may annually prescribe a special cost 4 allowance for such vaping detectors and continuous indoor air quality 5 monitoring systems, and the approved expenditures may not exceed such 6 cost allowance. 7 b. For projects authorized to receive additional building aid pursuant 8 to this subdivision for the purchase, installation and maintenance of 9 vaping detectors and indoor air quality monitoring on or after the first 10 day of July next succeeding the date this subdivision takes effect, such 11 additional aid may equal the product of (i) the building aid ratio 12 computed for use in the current year pursuant to paragraph c of subdivi- 13 sion six of this section plus ten percent, except that in no case may 14 this amount exceed one hundred percent, and (ii) the actual approved 15 expenditures incurred in the base year pursuant to this subdivision, 16 provided that the limitations on cost allowances prescribed by paragraph 17 a of subdivision six of this section may not apply. The commissioner may 18 annually prescribe a special cost allowance for vaping detectors and 19 indoor air quality monitoring and the approved expenditures may not 20 exceed such cost allowance. 21 § 5. This act shall take effect immediately.