A 5078: Establishes an indoor air quality inspection and evaluation program which shall: promulgate regulations for inspections, evaluations, acceptable levels of hazardous air pollutants, ventilation standards, notifications and best practices to improve indoor air quality in covered entities; enter into any necessary interagency agreements to coordinate the indoor air quality inspection and evaluation program; inspect a covered entity, upon their own initiative or upon complaint to the department regarding indoor air quality; provide results of an inspection with any appropriate local health authority, and any other person or department the department deems necessary; assist covered entities in developing reasonable plans to improve indoor air quality conditions including but not limited to those found during inspection; and develop and implement community outreach programs to educate the public on indoor air quality and risk reduction.

  
  STATE OF NEW YORK ________________________________________________________________________ 5078 2025-2026 Regular Sessions  IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. ANDERSON -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing an indoor air quality inspection and evaluation program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 19 of the environmental conservation law is amended 2 by adding a new title 13 to read as follows: 3 TITLE 13 4 INDOOR AIR QUALITY 5 Section 19-1301. Definitions. 6 19-1303. Indoor air quality inspection and evaluation program. 7 19-1305. Guidance; best practices. 8 19-1307. Rules and regulations. 9 § 19-1301. Definitions. 10 For the purposes of this title, the following terms shall have the 11 following meanings: 12 1. "Covered entity" shall include any public building as defined in 13 subdivision two of this section. 14 2. "Public building" shall include a factory building, an office 15 building, a mercantile building, a hotel building, a theatre building, a 16 warehouse building, an apartment building, a state or municipal build- 17 ing, a school, a college or university building, a building containing a 18 place of public assembly maintained or leased for pecuniary gain, or any 19 other building more than one story high except a dwelling house less 20 than three stories high or occupied by fewer than three families. 21 3. "Indoor air quality" means air quality within and around a covered 22 entity which affects the health and comfort of individuals within or 23 near such building. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06165-01-5 
 A. 5078 2 1 4. "Hazardous air pollutants" means any substance listed as a 2 substance hazardous to the public health, safety or the environment in 3 regulations promulgated pursuant to article thirty-seven of the environ- 4 mental conservation law which may affect indoor air quality and 5 includes, but is not limited to lead, radon, asbestos, formaldehyde, 6 volatile organic compounds, mold, excess moisture, pesticides, 7 substances from fuel-burning combustion appliances, tobacco products and 8 any substance known to cause health effects which exceeds a specified 9 level as designated by the commissioner. 10 5. "Health effects" means those that are immediate including, but not 11 limited to irritation of the eyes, nose, or throat, headaches, dizziness 12 and fatigue and those that are long-term including, but not limited to 13 respiratory diseases, heart disease, asthma and lung cancer. 14 § 19-1303. Indoor air quality inspection and evaluation program. 15 1. Within one year of the effective date of this title, the department 16 shall establish an indoor air quality inspection and evaluation program. 17 2. The department shall, in order to effectuate the provisions of 18 subdivision one of this section: 19 (a) promulgate regulations for inspections, evaluations, acceptable 20 levels of hazardous air pollutants, ventilation standards, notifications 21 and best practices to improve indoor air quality in covered entities; 22 (b) enter into any necessary interagency agreements to coordinate the 23 indoor air quality inspection and evaluation program; 24 (c) inspect a covered entity, upon their own initiative or upon 25 complaint to the department regarding indoor air quality; 26 (d) provide results of an inspection with any appropriate local health 27 authority, and any other person or department the department deems 28 necessary; 29 (e) assist covered entities in developing reasonable plans to improve 30 indoor air quality conditions including but not limited to those found 31 during inspection; and 32 (f) develop and implement community outreach programs to educate the 33 public on indoor air quality and risk reduction. 34 3. After each inspection, the department shall prepare a report that: 35 (a) describes the department's findings; 36 (b) describes whether any test results exceed acceptable levels for 37 any hazardous air pollutants established by the department or the occu- 38 pational safety and health administration guidelines for indoor air 39 quality; 40 (c) identifies any conditions that are contributing or could contrib- 41 ute to poor indoor air quality, including, but not limited to inadequate 42 ventilation; and 43 (d) provides guidance on steps the covered entity may take to improve 44 indoor air quality. 45 4. A complaint regarding the indoor air quality of a covered entity 46 shall be in writing and sent to the department in a manner to be deter- 47 mined by the department. The department shall determine whether an 48 inspection of such covered entity pursuant to paragraph (c) of subdivi- 49 sion two of this section is necessary. If necessary, the department 50 shall conduct such inspection within sixty days of receipt of the 51 complaint. 52 § 19-1305. Guidance; best practices. 53 The department, in consultation with the department of health, shall 54 distribute a guidance document or documents of best practices for manag- 55 ing indoor air quality as described in this title, including, but not 56 limited to best practices for ventilation. The department may utilize a 
 A. 5078 3 1 manual, directives or other literature on indoor air quality developed 2 by federal health or environmental agencies or those developed by anoth- 3 er state, if applicable. The department, as deemed necessary by the 4 commissioner, shall periodically review and revise such guidance docu- 5 ments to ensure they continue to represent the best practices available. 6 § 19-1307. Rules and regulations. 7 The commissioner shall promulgate rules and regulations in consulta- 8 tion with the commissioner of health to effectuate the requirements of 9 this title. 10 § 2. This act shall take effect immediately.