S 7733: Relates to the completion of and information contained in heating, ventilation and air conditioning systems assessments as part of building condition surveys for purposes of grant eligibility; requires such assessments to include a report containing specific information and includes qualification requirements for the person completing the report.

  
  STATE OF NEW YORK ________________________________________________________________________ 7733 2025-2026 Regular Sessions  IN SENATE May 2, 2025 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to assessments of heat- ing, ventilation and air conditioning systems as part of building condition surveys for purposes of grant eligibility The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph b and subparagraph 2 of paragraph c of subdivi- 2 sion 4 of section 3641 of the education law, paragraph b as amended by 3 section 27 of part A-1 of chapter 58 of the laws of 2006 and subpara- 4 graph 2 of paragraph c as amended by section 48 of part C of chapter 58 5 of the laws of 1998, are amended and a new subparagraph 3 is added to 6 paragraph c to read as follows: 7 b. Building condition surveys. To be eligible for aid pursuant to 8 subdivision six-e of section thirty-six hundred two of this article, 9 building condition surveys shall be conducted by a licensed architect or 10 licensed professional engineer performing under a state contract entered 11 into pursuant to paragraph c of this subdivision, shall assess the 12 condition of all major building systems of a school building, and shall 13 be in the form and contain the information prescribed by the commission- 14 er. For purposes of this paragraph, "major building systems" shall mean 15 the electrical, plumbing, heating, ventilation and air conditioning 16 systems, and the roof and other major structural elements of a school 17 building. For the purposes of this paragraph, the assessment of the 18 "heating, ventilation and air conditioning systems" shall be based upon 19 a report completed by: (i) a certified testing, adjusting and balancing 20 (TAB) technician; or (ii) a workforce where at least sixty percent of 21 the construction workers are graduates of or registered in and attending 22 a registered apprenticeship program for the applicable occupation under 23 the supervision of a certified testing, adjusting and balancing (TAB) 24 technician; or (iii) a person certified to perform ventilation verifica- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11151-01-5 
 S. 7733 2 1 tion assessments of heating, ventilation and air conditioning systems 2 from an organization that has been accredited under ISO/IEC 17024 3 Personnel Certification standard in ventilation verification assess- 4 ments. The report assessing the heating, ventilation and air condition- 5 ing systems shall contain the information outlined in the sample venti- 6 lation verification test sheets listed in the prerequisite section, 7 additional guidance, of the American Society of Heating, Refrigeration 8 and Air Conditioning Engineers (ASHRAE) Technical Committee 9.7, Educa- 9 tional Facilities Design Guidance for Educational Facilities: Prioriti- 10 zation for Advanced Indoor Air Quality, 2023 publication, or its succes- 11 sor. 12 (2) The commissioner is hereby authorized to enter into the necessary 13 contractual agreements with architects and/or engineers and/or entities 14 employing: (i) certified testing, adjusting and balancing (TAB) techni- 15 cians; or (ii) a workforce where at least sixty percent of the 16 construction workers are graduates of or registered in and attending a 17 registered apprenticeship program for the applicable occupation under 18 the supervision of a certified testing, adjusting and balancing (TAB) 19 technician; or (iii) a person certified to perform ventilation verifica- 20 tion assessments of heating, ventilation and air conditioning systems 21 from an organization that has been accredited under ISO/IEC 17024 22 Personnel Certification standard in ventilation verification assessments 23 to state-wide contracts to provide building construction surveys and/or 24 reports required to complete such surveys on a regional basis for a 25 fixed fee per square foot. Such building condition surveys shall be used 26 to assist school districts with the development of their five-year capi- 27 tal facilities plan. 28 (3) The commissioner is authorized to promulgate rules and regulations 29 necessary for the implementation of this subdivision. 30 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 31 sion, section or part contained in any part of this act shall be 32 adjudged by any court of competent jurisdiction to be invalid, such 33 judgment shall not affect, impair, or invalidate the remainder thereof, 34 but shall be confined in its operation to the clause, sentence, para- 35 graph, subdivision, section or part of this act contained in any part 36 thereof directly involved in the controversy in which such judgment 37 shall have been rendered. It is hereby declared to be the intent of the 38 legislature that this act would have been enacted even if such invalid 39 provisions had not been included herein. 40 § 3. This act shall take effect immediately.