File #: Int 0387-2024    Version: * Name: Standards and reporting regarding indoor air quality in schools within the city school district.
Type: Introduction Status: Committee
Committee: Committee on Health
On agenda: 2/28/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to standards and reporting regarding indoor air quality in schools within the city school district
Sponsors: Keith Powers , Mercedes Narcisse, Rita C. Joseph, Lynn C. Schulman, James F. Gennaro, Pierina Ana Sanchez, Lincoln Restler, Julie Won, Gale A. Brewer, Shahana K. Hanif, Erik D. Bottcher, Crystal Hudson, Alexa Avil├ęs, (in conjunction with the Brooklyn Borough Presiden, (by request of the Manhattan Borough President)
Council Member Sponsors: 13
Summary: This bill would require the Department of Health and Mental Hygiene to set standards regarding air quality in schools, and would require the Department of Education, in collaboration with the Department of Environmental Protection, to issue real time reports on the DOE website regarding air quality in schools and the installation and maintenance of air quality monitoring devices, as well as annual reports regarding air quality in schools. It would also require the Department of Education and the Department of Health and Mental Hygiene to engage in outreach and education regarding indoor air quality in schools.
Indexes: Agency Rule-making Required, Report Required
Attachments: 1. Summary of Int. No. 387, 2. Int. No. 387, 3. February 28, 2024 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 2-28-24

Int. No. 387

 

By Council Members Powers, Narcisse, Joseph, Schulman, Gennaro, Sanchez, Restler, Won, Brewer, Hanif, Bottcher, Hudson and Avilés (in conjunction with the Brooklyn Borough President) (by request of the Manhattan Borough President)

 

A Local Law to amend the administrative code of the city of New York, in relation to standards and reporting regarding indoor air quality in schools within the city school district

 

Be it enacted by the Council as follows:

 

Section 1. Title 17 of the administrative code of the city of New York is amended by adding a new chapter 23 to read as follows:

CHAPTER 23

AIR QUALITY IN SCHOOLS

§ 17-2301 Indoor air quality in schools; standards. a. The department shall promulgate rules within 18 months of the effective date of the local law that added this chapter setting standards for indoor air quality in schools within the city school district and shall evaluate the need to update these rules yearly thereafter.

b. Such standards shall address the maintenance of acceptable temperature, relative humidity, and air changes per hour in schools within the city school district. Such standards shall also address the identification and control of airborne pollutants in schools within the city school district, including but not limited to carbon dioxide levels, carbon monoxide levels, levels of particulate pollution 2.5, and levels of particulate pollution 10.

§ 2. Chapter 4 of title 21-A of the administrative code of the city of New York is amended by adding a new section 21-954.1 to read as follows:

§ 21-954.1 School indoor air quality reporting. a. Real time school air quality reporting. 1. The chancellor, in collaboration with the commissioner of environmental protection, shall post conspicuously on the department’s website a real-time report regarding air quality in schools within the city school district. Such report shall be displayed as a real-time dashboard available to the public.

2. The report shall include, but need not be limited to the following information for every school classroom, cafeteria, auditorium, gym, and other gathering place, as well as any additional information the chancellor or commissioner of health and mental hygiene deems appropriate:

(a) Ambient temperature;

(b) Ambient humidity level;

(c) Air changes per hour;

(d) Carbon dioxide levels;

(e) Carbon monoxide levels;

(f) Levels of particulate pollution 2.5; and

(g) Levels of particulate pollution 10.

3. The testing needed to generate the information included in paragraph 2 of this subdivision for the report shall be performed by the commissioner of environmental protection or by such other parties as such commissioner may designate.

4. The report required by paragraph 1 of this subdivision shall include a data dictionary, which shall be updated annually as needed.

5. No report required by paragraph 1 of this subdivision shall contain personally identifiable information.

6. No information that is otherwise required to be reported pursuant to this subdivision shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 1 and 5 students, or contains an amount that would allow another category that contains between 1 and 5 students to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.

b. Report on installation and maintenance of air quality monitoring systems. The chancellor shall post conspicuously on the department’s website a real-time report regarding the installation and maintenance of air quality monitoring devices in schools within the city school district. The department of health and mental hygiene shall provide guidance to the chancellor regarding the exact locations where such air quality monitoring devices shall be installed.

c. Annual school air quality reporting. 1. No later than December 31 of each year, the chancellor, in collaboration with the commissioner of environmental protection, shall submit to the speaker of the council and the commissioner of health and mental hygiene and shall post conspicuously on the department’s website an annual report regarding air quality in schools within the city school district.

2. The report shall include but need not be limited to the following annual information for every school classroom, cafeteria, auditorium, gym, and other gathering place, as well as any additional annual information the chancellor or commissioner of health and mental hygiene deems appropriate:

(a) Annual trend line of the daily average ambient temperature;

(b) Annual trend line of the daily average ambient humidity levels;

(c) Annual trend line of the daily average air changes per hour;

(d) Annual trend line of the daily average carbon dioxide levels;

(e) Annual trend line of the daily average carbon monoxide levels;

(f) Annual trend line of the daily average levels of particulate pollution 2.5; and

(g) Annual trend line of the daily average levels of particulate pollution 10.

3. The testing needed to generate the information included in paragraph 2 of this subdivision for the report shall be performed by the commissioner of environmental protection or by such other parties as such commissioner may designate.

4. The report required by paragraph 1 of this subdivision shall include a data dictionary, which shall be updated annually as needed.

5. No report required by paragraph 1 of this subdivision shall contain personally identifiable information.

6. No information that is otherwise required to be reported pursuant to this subdivision shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 1 and 5 students, or contains an amount that would allow another category that contains between 1 and 5 students to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.

d. Indoor air quality outreach and education. The department and the department of health and mental hygiene, in coordination with any other relevant agency, shall conduct outreach and education to increase awareness of indoor air quality, including, but not limited to, producing guides to help the public understand real-time air quality data and recommendations on how to improve air quality in indoor school settings.

 

§ 3. This local law takes effect 120 days after it becomes law, except that the commissioner of health and mental hygiene shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

 

 

Session 13

LS #9582

1/25/24

 

Session 12

EH

LS #9582

7/6/23