New York S 9095: Prohibits vaping in educational institutions; requires educational institutions to educate communities about health risks associated with vaping

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S09095 Summary:

BILL NOS09095 

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SAME ASSAME AS A05796

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SPONSORFERNANDEZ

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COSPNSR

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MLTSPNSR

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Amd §§1399-o & 1399-p, Pub Health L

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Prohibits vaping in educational institutions; requires educational institutions to educate communities about health risks associated with vaping and post no-vaping signage on educational institution premises.

Go to top S09095 Actions:

BILL NOS09095 

&nbsp

02/03/2026REFERRED TO HEALTH

Go to topS09095 Committee&nbspVotes:

Go to topS09095 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09095 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9095

 IN SENATE

 February 3, 2026
 ___________

 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to prohibiting the
 use of vaping devices and the consumption of vaporized substances
 within educational institutions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 5 of section 1399-o of the public health law,
 2 as added by chapter 102 of the laws of 2017, is amended to read as
 3 follows:
 4 5. a. [Use of an electronic cigarette or e-cigarette] Vaping, as
 5 defined in subdivision nine of section thirteen hundred ninety-nine-n of
 6 this article, shall not be permitted [on school grounds, as defined in
 7 subdivision six of section thirteen hundred ninety-nine-n of this arti-
 8 cle] in any educational institution.
 9 b. ["Electronic cigarette" or "e-cigarette" shall have the same mean-
 10 ing as in subdivision thirteen of section thirteen hundred ninety-nine-
 11 aa of this chapter.] "Educational institution" shall mean any building,
 12 structure, and surrounding outdoor grounds contained within a public or
 13 private school, including pre-schools, nursery schools, primary schools,
 14 secondary schools, and higher education institutions, including class-
 15 rooms, libraries, laboratories, restrooms, cafeterias, and all other
 16 indoor and outdoor areas owned or operated by the educational insti-
 17 tutions.
 18 c. Educational institutions shall educate students, teachers, staff,
 19 and parents about the health risks associated with vaping and provide
 20 information on available resources for smoking cessation.
 21 d. (i) School administrators, teachers, resource officers and staff
 22 members shall be responsible for monitoring and enforcing compliance
 23 with this subdivision.
 24 (ii) Violators of this subdivision shall be subject to appropriate
 25 disciplinary action, pursuant to the policies of the respective educa-
 26 tional institution.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08223-01-5

 S. 9095 2

 1 (iii) In case of repeated violations or non-compliance, educational
 2 institutions may report the matter to the appropriate authorities for
 3 further legal action, pursuant to applicable laws and regulations.
 4 (iv) The department of education, in cooperation with the department,
 5 shall develop an audio and online reporting program for incidents of
 6 persistent occurrences.
 7 e. (i) The department of education shall provide support and guidance
 8 to educational institutions in implementing and enforcing the provisions
 9 of this subdivision.
 10 (ii) Government agencies, including but not limited to county public
 11 health and nonprofit organizations, shall collaborate with educational
 12 institutions to develop educational programs and awareness campaigns
 13 highlighting the risks and consequences of vaping.
 14 § 2. Subdivision 3 of section 1399-p of the public health law, as
 15 amended by chapter 335 of the laws of 2017, is amended to read as
 16 follows:
 17 3. The provisions of this section shall apply to after-school programs
 18 that are subject to the provisions of subdivision four of section thir-
 19 teen hundred ninety-nine-o of this article and educational institutions
 20 that are subject to the provisions of subdivision five of section thir-
 21 teen hundred ninety-nine-o of this article, provided that signs posted
 22 pursuant to thi