Bill Text: NY A06875 | 2023-2024 | General Assembly | Introduced
Bill Title: Implements several programs to improve indoor air quality, including establishing photo-catalytic air scavenging technology certification centers and a weatherization and energy efficiency training program; establishes the office of workforce development and indoor air quality management training, minimum wage rates for indoor air quality workers, and the indoor air quality fund.
Spectrum: Partisan Bill (Democrat 25-1)
Status: (Introduced) 2024-01-03 - referred to environmental conservation [A06875 Detail]
Download: New_York-2023-A06875-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6875 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. LUCAS -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, the executive law, the public service law, the labor law, the state finance law, the public health law, the public authorities law, and the public housing law, in relation to implementing several programs to improve indoor air quality, including establishing photo-catalytic air scavenging technology certification centers and a weatherization and energy effi- ciency training program, and establishing the office of workforce development and indoor air quality management training, minimum wage rates for indoor air quality workers, and an indoor air quality fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "sick 2 building syndrome and indoor air quality workforce training program 3 act". 4 § 2. Legislative intent and findings. The intent of this act is to 5 regulate and control "Sick Building Syndrome" by establishing policies 6 that improve indoor air quality in all buildings and facilities, includ- 7 ing public and private schools, government buildings, hospitals, and 8 residential buildings. 9 The act will establish an independent entity known as the indoor air 10 quality control board within NYSERDA, the department of public health, 11 the office of children and family services, and the empire state devel- 12 opment corporation which will oversee the implementation and enforcement 13 of policies and regulations related to sick building syndrome. This act 14 also seeks to generate professional employment opportunities within the 15 local communities through the creation of trained technicians certified 16 in maintaining and installing new air-quality control technology. 17 Nothing in this act is intended to limit the authority of any 18 district, government agency, office, or employers to enact and enforce EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10076-02-3A. 6875 2 1 policies pertaining to indoor air quality in the workplace or to exempt 2 anyone from any requirement of federal law or pose any obstacle to the 3 federal enforcement of federal law. 4 § 3. Article 19 of the environmental conservation law is amended by 5 adding a new title 13 to read as follows: 6 TITLE 13 7 INDOOR AIR QUALITY AND HAZARDOUS AIR POLLUTANTS 8 Section 19-1301. Definitions. 9 19-1303. Photo-catalytic air scavenging technology certification 10 centers. 11 19-1305. Weatherization and energy efficiency training program. 12 19-1307. Indoor air quality index oversight committee. 13 19-1309. Rules and regulations. 14 § 19-1301. Definitions. 15 For the purposes of this title, the following terms shall have the 16 following meanings: 17 1. "Indoor air quality" means air quality within and around a covered 18 entity which affects the health and comfort of individuals within or 19 near such building. 20 2. "Hazardous air pollutants" means any substance listed as a 21 substance hazardous to the public health, safety or the environment in 22 regulations promulgated pursuant to article thirty-seven of this chapter 23 which may affect indoor air quality and shall include, but not be not 24 limited to lead, radon, asbestos, formaldehyde, volatile organic 25 compounds, dust, mold, dander, excess moisture, pesticides, substances 26 from fuel-burning combustion appliances, tobacco products, bacteria, 27 viruses and any substance known to cause health effects which exceeds a 28 specified level as designated by the commissioner. 29 3. "Health effects" means changes to a person's health and wellness 30 that occur immediately upon exposure to a hazardous air pollutant, 31 including, but not limited to, irritation of the eyes, nose, or throat, 32 headaches, dizziness and fatigue, and changes to a person's health and 33 wellness in the long-term due to being exposed to a hazardous air pollu- 34 tant, including, but not limited to, respiratory diseases, heart 35 disease, asthma and lung cancer. 36 § 19-1303. Photo-catalytic air scavenging technology certification 37 centers. 38 1. Within one year of the effective date of this title, the department 39 shall establish photo-catalytic air scavenging technology certification 40 centers. Such centers shall increase the number of well-trained indoor 41 air quality workers in order to mitigate the health effects of indoor 42 air pollution. The empire state development corporation and the office 43 of housing and community renewal on an individual basis provide feasi- 44 bility support for indoor air quality audits as a part of commercial and 45 residential development. 46 2. The photo-catalytic air scavenging technology certification centers 47 established under subdivision one of this section shall include, but not 48 be limited to: 49 (a) developing a curriculum that includes courses specifically focused 50 on photo-catalytic air scavenging technology, building science and 51 indoor air quality covering topics including, but not limited to, build- 52 ing systems and components, HVAC systems, indoor air quality, and energy 53 conservation. 54 (b) partnering with vocational schools, community colleges, and 55 universities to offer training programs for photo-catalytic air scaveng- 56 ing technology, building science and indoor air quality. Such insti-A. 6875 3 1 tutions may provide the necessary facilities, equipment, and instructors 2 to deliver the training. 3 (c) providing on-the-job training opportunities for indoor air quality 4 workers to gain hands-on experience in building science and indoor air 5 quality including, but not limited to, internships, apprenticeships, and 6 job shadowing programs with experienced professionals. 7 (d) encouraging and supporting indoor air quality workers to pursue 8 certification and licensing in photo-catalytic air scavenging technolo- 9 gy, building science and indoor air quality through organizations such 10 as the American society of heating, refrigerating and air-conditioning 11 engineers or the indoor air quality association. 12 (e) encouraging and supporting continuing education opportunities for 13 photo-catalytic air scavenging technology, building science and indoor 14 air quality workers on the latest developments in photo-catalytic air 15 scavenging technology, building science and indoor air quality includ- 16 ing, but not limited to, workshops, seminars, and conferences. 17 (f) recognizing and rewarding indoor air quality workers who have 18 achieved certifications, licenses, and other industry credentials in 19 photo-catalytic air scavenging technology, building science and indoor 20 air quality through department developed incentive programs. 21 3. Monies from the indoor air quality fund, established by section 22 ninety-nine-qq of the state finance law, may be expended for the 23 purposes provided for in this section. 24 § 19-1305. Weatherization and energy efficiency training program. 25 1. Within one year of the effective date of this title, the department 26 shall establish a weatherization and energy efficiency training program. 27 Such program shall be established to mitigate the health effects of 28 indoor air pollution by increasing awareness of hazardous air pollutants 29 which cause poor indoor air quality and the health effects of poor 30 indoor air quality. 31 2. The weatherization and energy efficiency training program estab- 32 lished under subdivision one of this section shall include, but not be 33 limited to: 34 (a) establishing training opportunities for building owners, managers, 35 and residents on weatherization and energy efficiency to prevent hazard- 36 ous air pollutants from infiltrating and contributing to poor indoor air 37 quality. 38 (b) partnering with organizations, educational institutions and 39 experts in the field of building science and energy efficiency to 40 provide training programs including, but not limited to: 41 (i) weatherization and energy efficiency; 42 (ii) identifying and sealing air leaks; 43 (iii) insulation; 44 (iv) ventilation; 45 (v) HVAC system maintenance and upgrades; and 46 (vi) renewable energy solutions. 47 (c) providing on-the-job training opportunities for building owners, 48 managers and residents to gain hands-on experience in weatherization and 49 energy efficiency. 50 (d) establishing a certification program for building owners, managers 51 and residents who have completed a training program established under 52 this section to recognize their knowledge and skills in weatherization 53 and energy efficiency. 54 (e) recognizing and rewarding building owners, managers and residents 55 who have achieved certifications, licenses, and other industry creden-A. 6875 4 1 tials in building science and energy efficiency through department 2 developed incentive programs. 3 (f) providing incentives for building owners, managers and residents 4 who exceed the weatherization and energy efficiency standards through 5 department developed incentive programs to ensure that building owners, 6 managers and residents have the necessary knowledge and skills to 7 prevent poor ozone and harmful air quality index from infiltrating and 8 contributing to poor indoor air quality. 9 (g) developing and implementing community outreach programs to educate 10 the public on indoor air quality, hazardous air pollutants, and health 11 effects risk reduction, as well as the availability of the training 12 programs established under this title. 13 3. Monies from the indoor air quality fund, established by section 14 ninety-nine-qq of the state finance law, may be expended for the 15 purposes provided for in this section. 16 § 19-1307. Indoor air quality index oversight committee. 17 1. Within one year of the effective date of this title, the department 18 shall establish an indoor air quality index oversight committee. 19 2. The indoor air quality index oversight committee established under 20 subdivision one of this section shall have the following functions, 21 powers and duties including, but not limited to: 22 (a) to ensure compliance with the provisions of this title. 23 (b) to monitor the progress of the training programs established under 24 this title. 25 (c) to provide incentives for building owners and managers who exceed 26 the weatherization and energy efficiency standards. 27 § 19-1309. Rules and regulations. 28 The commissioner shall promulgate rules and regulations in consulta- 29 tion with the commissioner of health to effectuate the requirements of 30 this title. 31 § 4. The executive law is amended by adding a new article 49-C to read 32 as follows: 33 ARTICLE 49-C 34 OFFICE OF WORKFORCE DEVELOPMENT AND INDOOR AIR QUALITY MANAGEMENT 35 TRAINING 36 Section 996. Definitions. 37 996-a. Office of workforce development and indoor air quality 38 management training. 39 996-b. Community engagement and public oversight. 40 996-c. Utilization of other agency assistance. 41 996-d. Reports. 42 § 996. Definitions. As used in this article, the following terms shall 43 have the following meanings: 44 1. "Office" shall mean the office of workforce development and indoor 45 air quality management training established by this article. 46 2. "State agency" shall mean the state and any department, division, 47 board, bureau, commission, or agency of the state or any political 48 subdivision thereof. 49 § 996-a. Office of workforce development and indoor air quality 50 management training. 1. There is hereby created within the executive 51 department the office of workforce development and indoor air quality 52 management training consisting of a director which shall be appointed by 53 the governor and such other personnel as necessary. 54 2. The office shall:A. 6875 5 1 (a) be responsible for providing training and resources to individuals 2 and businesses in the areas of workforce development and indoor air 3 quality management. 4 (b) work in conjunction with the department of education, the depart- 5 ment of labor, and the office of strategic workforce development to 6 identify workforce needs and develop training programs that meet such 7 needs. 8 (c) work in conjunction with the New York state energy research and 9 development authority to promote health through energy efficiency and 10 healthier buildings. 11 (d) work in consultation with the centers for disease control and 12 prevention to develop and implement training programs related to indoor 13 air quality management. 14 (e) work in conjunction with the New York independent system operator 15 to promote energy efficiency and indoor air quality management. 16 (f) have the authority to procure contracts. Contracts procured by the 17 office shall be exempt from the requirements of section one hundred 18 three of the general municipal law. 19 § 996-b. Community engagement and public oversight. The office shall 20 maintain a website where a member of the public can leave a public 21 comment on the office's activities related to workforce development and 22 indoor air quality. The office shall also conduct hearings at least 23 twice a year where the public can comment on the office's progress 24 toward its goals. One such hearing shall occur in a city with a popu- 25 lation of one million or more and another such hearing shall not occur 26 in a city with a population of less than one million. 27 § 996-c. Utilization of other agency assistance. All state agencies 28 are hereby authorized and directed to provide assistance and available 29 resources, as requested by the office, in order to effectuate the 30 purposes of this article related to workforce development and indoor air 31 quality. 32 § 996-d. Reports. The office shall report on its progress, accomplish- 33 ments, findings, conclusions, recommendations, and activities related to 34 workforce development and indoor air quality to the governor and to the 35 legislature annually on or before the thirty-first day of March of each 36 year. 37 § 5. The public service law is amended by adding a new section 28 to 38 read as follows: 39 § 28. Indoor air quality and continuous infectious microbial reduction 40 certification training and procurement program. 1. The commission shall 41 establish an indoor air quality and continuous infectious microbial 42 reduction certification training and procurement program for local resi- 43 dents to provide indoor air quality and continuous infectious microbial 44 reduction certification. Such program shall include certification under 45 the federal environmental protection agency and follow curriculum stand- 46 ards established by the centers for disease control and prevention and 47 the federal department of energy regarding weatherization and energy 48 efficiency. Such program shall include, but not be limited to: 49 (a) partnerships with local vocational schools, community colleges and 50 universities to provide training programs and apprenticeship and on-the- 51 job training opportunities for local residents on indoor air quality and 52 continuous infectious microbial reduction vocational skills and procure- 53 ment. 54 (b) partnerships with local vocational schools, community colleges, 55 and universities to provide training programs for renewable energy andA. 6875 6 1 microgrid system design, installation, maintenance, and procurement for 2 local residents. 3 (c) apprenticeship and on-the-job training opportunities for local 4 residents to gain hands-on experience in indoor air quality and contin- 5 uous infectious microbial reduction vocational skills and procurement. 6 2. The commission shall create an oversight committee to ensure 7 compliance to this section and monitor the progress of the training and 8 procurement program established under this section. Such oversight 9 committee shall also provide incentives for building owners and managers 10 who exceed the local training and procurement goals. 11 3. The commission shall, in order to provide minority- and women-owned 12 business enterprises, minority group members and women the opportunity 13 for meaningful participation in the training and procurement program 14 established under this section, establish goals for participation in the 15 training and procurement program by and procurement under such program 16 from minority- and women-owned business enterprises, minority group 17 members and women. For the purposes of this subdivision, "minority-owned 18 business enterprise" shall mean any business enterprise which is at 19 least fifty-one per centum owned by, or in the case of a publicly owned 20 business, at least fifty-one per centum of the stock of which is owned 21 by citizens or permanent resident noncitizens who are Black, Hispanic, 22 Asian or American Indian, and such ownership interest is real, substan- 23 tial and continuing and "women-owned business enterprise" shall mean any 24 business enterprise which is at least fifty-one per centum owned by, or 25 in the case of a publicly owned business, at least fifty-one percent of 26 the stock of which is owned by citizens or permanent resident nonciti- 27 zens who are women and such ownership interest is real, substantial and 28 continuing. 29 4. Monies from the indoor air quality fund, established by section 30 ninety-nine-qq of the state finance law, may be expended for the 31 purposes provided for in this section, and shall include, but not be 32 limited to, training and procurement programs for veterans, formerly 33 incarcerated individuals, persons who recently received a high school 34 diploma, single parents enrolled in the supplemental nutrition assist- 35 ance program and/or receive cash benefits from a temporary assistance 36 program under the federal temporary assistance for needy families. 37 5. The commission shall, no later than December thirty-first, two 38 thousand twenty-three, report to the governor, the temporary president 39 of the senate, and the speaker of the assembly on the progress of the 40 training and procurement program established under this section. Such 41 report shall include, but not be limited to: 42 (a) the number of local residents who have received training in renew- 43 able energy and indoor air quality vocational skills and procurement; 44 (b) the number of local residents who have received apprenticeship and 45 on-the-job training opportunities in renewable energy and indoor air 46 quality vocational skills and procurement; 47 (c) the number of renewable energy and microgrid systems that have 48 been designed, installed, maintained and procured by local residents; 49 (d) the number of building owners and managers who have met or 50 exceeded the local training and procurement goals; 51 (e) the number of minority- and women-owned business enterprises, 52 minority group members and women who have participated in the training 53 and procurement program; and 54 (f) the amount of monies expended from the indoor air quality fund for 55 the purposes provided for in this section.A. 6875 7 1 6. This section shall not preempt or supersede any law, rule or regu- 2 lation relating to air quality or indoor air quality, including, but not 3 limited to, the state energy law, the labor law or the public health 4 law. 5 § 6. The labor law is amended by adding a new article 19-e to read as 6 follows: 7 ARTICLE 19-E 8 MINIMUM WAGE RATES FOR INDOOR AIR QUALITY WORKERS 9 Section 697-a. Definitions. 10 697-b. Certification to the commissioner. 11 697-c. Minimum wage rate for indoor air quality workers. 12 697-d. Employment requirements for indoor air quality workers. 13 697-e. Commissioner's powers of investigation. 14 697-f. Records of employers. 15 697-g. Penalties. 16 697-h. Civil action. 17 697-i. Regulations. 18 697-j. Severability clause. 19 § 697-a. Definitions. As used in this article, the following terms 20 shall have the following meanings: 21 1. "Covered indoor air quality workers" means any person employed 22 where at least one-half of the employee's time during any workweek is 23 working in the following categories: 24 (a) mitigation of the health effects of indoor air pollution through 25 improving HVAC systems, building systems and components, and energy 26 conservation; and 27 (b) weatherization and energy efficiency to prevent hazardous air 28 pollutants from infiltrating and contributing to poor indoor air quali- 29 ty. 30 2. "Livable wage" means a wage that is sufficient for a worker to 31 afford basic necessities, including but not limited to housing, food, 32 transportation, healthcare, and child care in the local area. This shall 33 be determined by the department and reviewed annually. 34 3. "Local area" means the geographic area around a location which is 35 part of the same labor market area and is within a reasonable distance 36 for a person to travel to such location from their residence for employ- 37 ment. 38 § 697-b. Certification to the commissioner. 1. No later than March 39 thirty-first, two thousand twenty-four, and on March thirty-first of 40 each year thereafter, each employer of a covered indoor air quality 41 worker shall submit to the commissioner a sworn statement certifying the 42 total number of such workers employed by such employer. 43 2. Each employer of an indoor air quality worker shall submit to the 44 commissioner, in a form and manner prescribed by the commissioner, a 45 sworn statement affirming that such employer will ensure, where applica- 46 ble, that the indoor air quality workers it employs are paid at least 47 the minimum wage required by section six hundred ninety-seven-c of this 48 article. 49 3. Each employer of an indoor air quality worker shall submit to the 50 commissioner, in a form and manner prescribed by the commissioner, a 51 sworn statement affirming that such employer will ensure, where applica- 52 ble, that the indoor air quality workers it employs are from the local 53 area where work is being performed as required by section six hundred 54 ninety-seven-d of this article. 55 § 697-c. Minimum wage rate for indoor air quality workers. All covered 56 employers shall ensure that every covered indoor air quality worker isA. 6875 8 1 compensated at a rate that is no less than the livable wage. Nothing in 2 this article shall alter or limit any employer's obligation to pay any 3 otherwise applicable wage under article eight or nine of this chapter. 4 § 697-d. Employment requirements for indoor air quality workers. At 5 least fifty percent of covered indoor air quality workers employed by an 6 employer shall reside within the local area of where the work is being 7 performed. 8 § 697-e. Commissioner's powers of investigation. The commissioner or 9 his or her authorized representative shall have the power to: 10 1. investigate the compensation of covered indoor air quality workers 11 in the state; 12 2. enter the place of business or employment of any employer for the 13 purpose of: 14 (a) examining and inspecting any and all books, registers, payrolls, 15 and other records that in any way relate to or have a bearing upon the 16 compensation provided to, or the hours worked by any employees; and 17 (b) ascertaining whether the provisions of this article and the rules 18 and regulations promulgated hereunder are being complied with; and 19 3. require from any employer full and correct statements and reports 20 in writing, at such times as the commissioner may deem necessary, of the 21 compensation provided to and the hours worked by such employer's employ- 22 ees. 23 § 697-f. Records of employers. For every employee covered by this 24 article, every employer shall establish, maintain, and preserve for not 25 less than six years contemporaneous, true, and accurate payroll records 26 showing for each week worked the hours worked, the compensation 27 provided, plus such other information as the commissioner deems material 28 and necessary. For all covered indoor air quality workers who are not 29 exempt from overtime compensation as established in the commissioner's 30 minimum wage orders or otherwise provided by law, rule, or regulation, 31 the payroll records shall include the compensation provided and the 32 regular hourly rate or rates of pay, the overtime rate or rates of pay, 33 the number of regular hours worked, the number of overtime hours worked 34 and the cost of benefits and/or benefit supplements. On demand, the 35 employer shall furnish to the commissioner or his or her duly authorized 36 representative a sworn statement of the hours worked, and rate or rates 37 of compensation, for each covered indoor air quality worker, plus such 38 other information as the commissioner deems material and necessary. 39 Every employer shall keep such records open to inspection by the commis- 40 sioner or his or her duly authorized representative at any reasonable 41 time. Every employer of a covered indoor air quality worker shall keep 42 a digest and summary of this article, which shall be prepared by the 43 commissioner, posted in a conspicuous place in his or her establishment 44 and shall also keep posted such additional copies of said digest and 45 summary as the commissioner prescribes. Employers shall, on request, be 46 furnished with copies of this article and of orders, and of digests and 47 summaries thereof, without charge. Employers shall permit the commis- 48 sioner or his or her duly authorized representative to question without 49 interference any employee of such employer in a private location at the 50 place of employment and during working hours in respect to the wages 51 paid to and the hours worked by such employee or other employees. 52 § 697-g. Penalties. 1. If the commissioner finds that any employer has 53 violated any provision of this article or of a rule or regulation 54 promulgated thereunder, the commissioner may, after an opportunity for a 55 hearing, and by an order which shall describe particularly the nature of 56 the violation, assess the employer a civil penalty of not more than tenA. 6875 9 1 thousand dollars for the first such violation within six years, not more 2 than twenty thousand dollars for a second violation within six years and 3 not more than fifty thousand dollars for a third or subsequent violation 4 within six years. Such penalty shall be paid to the commissioner for 5 deposit in the treasury of the state. In assessing the amount of the 6 penalty, the commissioner shall give due consideration to the size of 7 the employer's business, the good faith of the employer, the gravity of 8 the violation, the history of previous violations and the failure to 9 comply with recordkeeping or other requirements. 10 2. Any order issued under subdivision one of this section shall be 11 deemed a final order of the commissioner and not subject to review by 12 any court or agency unless the employer files a petition with the indus- 13 trial board of appeals for a review of the order, pursuant to section 14 one hundred one of this chapter. 15 3. The civil penalty provided for in this section shall be in addition 16 to and may be imposed concurrently with any other remedy or penalty 17 provided for in this chapter. 18 4. Upon a showing by an employee organization, the commissioner may 19 investigate by examining payroll records whether an employer withheld 20 hours of work to employees for the purpose of reducing the employer's 21 obligations under this article. If, after the opportunity for a hearing, 22 the commissioner determines that an employer withheld hours of work to 23 employees for the purpose of reducing the employer's obligations under 24 this article, the commissioner may, in addition to any other penalty 25 available, also require that the employer pay the standard benefits 26 supplement rate to all of the employer's employees, regardless of the 27 number of hours worked by the employees. 28 § 697-h. Civil action. 1. On behalf of any employee paid less than the 29 rate to which the employee is entitled under the provisions of this 30 article, the commissioner may bring any legal action necessary, includ- 31 ing administrative action, to collect such claim, and the employer shall 32 be required to pay the full amount of the underpayment, plus costs, and 33 unless the employer proves a good faith basis to believe that its under- 34 payment was in compliance with the law, an additional amount as liqui- 35 dated damages. Liquidated damages shall be calculated by the commission- 36 er as no more than one hundred percent of the total amount of 37 underpayments found to be due the employee. In any action brought by the 38 commissioner in a court of competent jurisdiction, liquidated damages 39 shall be calculated as an amount equal to one hundred percent of under- 40 payments found to be due the employee. 41 2. Notwithstanding any other provision of law, an action to recover 42 upon a liability imposed by this article shall be commenced within six 43 years. The statute of limitations shall be tolled from the date an 44 employee files a complaint with the commissioner or the commissioner 45 commences an investigation, whichever is earlier, until an order to 46 comply issued by the commissioner becomes final, or where the commis- 47 sioner does not issue an order, until the date on which the commissioner 48 notifies the complainant that the investigation has concluded. 49 3. In any civil action by the commissioner, the commissioner shall 50 have the right to collect attorneys' fees and costs incurred in enforc- 51 ing any court judgment. Any judgment or court order awarding remedies 52 under this section shall provide that if any amounts remain unpaid upon 53 the expiration of ninety days following issuance of judgment, or ninety 54 days after expiration of the time to appeal and no appeal therefrom is 55 then pending, whichever is later, the total amount of judgment shall 56 automatically increase by fifteen percent.A. 6875 10 1 § 697-i. Regulations. The commissioner may promulgate such regulations 2 as he or she deems appropriate to carry out the purposes of this article 3 and to safeguard minimum compensation standards. 4 § 697-j. Severability clause. If any provision of this article, or any 5 application of any provision of this article, is held to be invalid, 6 that shall not affect the validity or effectiveness of any other 7 provision of this article, or of any other application of any provision 8 of this article, which can be given effect without that provision or 9 application; and to that end, the provisions and applications of this 10 article are severable. 11 § 7. The state finance law is amended by adding a new section 99-qq to 12 read as follows: 13 § 99-qq. Indoor air quality fund. 1. There is hereby established in 14 the joint custody of the comptroller, the commissioner of health, the 15 president of the New York state energy research and development authori- 16 ty, and the commissioner of housing and community renewal a fund to be 17 known as the indoor air quality fund. 18 2. Such fund shall consist of: 19 (a) all monetary grants received by the state under paragraph (z) of 20 subdivision one of section two hundred one of the public health law, 21 subdivision twenty-four of section eighteen hundred fifty-four of the 22 public authorities law, and paragraph (q) of subdivision one of section 23 fourteen of the public housing law; 24 (b) all monetary funding received by the state through coordination 25 with local government, private sector, and non-profit organizations 26 under paragraph (z) of subdivision one of section two hundred one of the 27 public health law, subdivision twenty-four of section eighteen hundred 28 fifty-four of the public authorities law, and paragraph (q) of subdivi- 29 sion one of section fourteen of the public housing law; 30 (c) all monetary gifts or bequests received by the state for the fund; 31 and 32 (d) all monies appropriated, credited, or transferred thereto from any 33 other fund or source pursuant to law. 34 3. Moneys of the fund shall be expended solely for the purposes of 35 carrying out the provisions of title thirteen of article nineteen of the 36 environmental conservation law and section twenty-eight of the public 37 service law. Monies shall be paid out of the fund on the audit and 38 warrant of the state comptroller on vouchers approved by the commission- 39 er of health, the president of the New York state energy research and 40 development authority, and the commissioner of housing and community 41 renewal. Any interest received by the comptroller on monies on deposit 42 in the indoor air quality fund shall be retained in and become part of 43 such fund. 44 4. On or before the first day of April each year, the commissioner of 45 health, the president of the New York state energy research and develop- 46 ment authority, and the commissioner of housing and community renewal 47 shall submit a report to the governor, the temporary president of the 48 senate and the speaker of the assembly outlining the funding sources and 49 amounts secured for the fund and the expenses incurred by the fund. 50 Such report shall also contain a plan outlining the strategies and 51 actions to be taken to secure the necessary funding for the long-term 52 sustainability of the fund. 53 5. The state shall make necessary appropriations to ensure the contin- 54 uation of the fund. 55 § 8. Subdivision 1 of section 201 of the public health law is amended 56 by adding a new paragraph (z) to read as follows:A. 6875 11 1 (z) identify and apply for federal grants and funding opportunities 2 related to indoor air quality in regard to public health and coordinate 3 with local government, private sector, and non-profit organizations to 4 explore additional funding opportunities related to indoor air quality 5 in regard to public health. All such grants, funding, and other monies 6 received by the state due to actions taken by the department under this 7 paragraph shall be deposited into the indoor air quality fund estab- 8 lished by section ninety-nine-qq of the state finance law. 9 § 9. Section 1854 of the public authorities law is amended by adding a 10 new subdivision 24 to read as follows: 11 24. To identify and apply for federal grants and funding opportunities 12 related to microgrids, energy efficiency and weatherization, and indoor 13 air quality in regard to renewable energy and energy conservation and to 14 coordinate with local government, private sector, and non-profit organ- 15 izations to explore additional funding opportunities related to micro- 16 grids, energy efficiency and weatherization, and indoor air quality in 17 regard to renewable energy and energy conservation. All such grants, 18 funding, and other monies received by the state due to actions taken by 19 the authority under this subdivision shall be deposited into the indoor 20 air quality fund established by section ninety-nine-qq of the state 21 finance law. 22 § 10. Subdivision 1 of section 14 of the public housing law is amended 23 by adding a new subdivision (q) to read as follows: 24 (q) identify and apply for federal grants and funding opportunities 25 related to indoor air quality in regard to affordable housing and commu- 26 nity development and coordinate with local government, private sector, 27 and non-profit organizations to explore additional funding opportunities 28 related to indoor air quality in regard to affordable housing and commu- 29 nity development. All such grants, funding, and other monies received by 30 the state due to actions taken by the commissioner under this subdivi- 31 sion shall be deposited into the indoor air quality fund established by 32 section ninety-nine-qq of the state finance law. 33 § 11. This act shall take effect immediately. Effective immediately, 34 the addition, amendment and/or repeal of any rule or regulation neces- 35 sary for the implementation of this act on its effective date are 36 authorized to be made and completed on or before such effective date.
