Enacts the "school buildings carbon monoxide detectors act"; requires the installation of carbon monoxide detectors in elementary and secondary school buildings; authorizes the commissioner of education to annually prescribe a special cost allowance for such carbon monoxide detectors.

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A201A-2011 Actions

• Jan 4, 2012: referred to education
• Dec 5, 2011: print number 201a
• Dec 5, 2011: amend and recommit to education
• Jan 5, 2011: referred to education

A201A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   201--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by M. of A. LANCMAN, JAFFEE -- read once and referred to the
    Committee on Education -- committee discharged, bill amended,  ordered
    reprinted as amended and recommitted to said committee

  AN  ACT  to amend the education law, in relation to enacting the "school
    buildings carbon monoxide detectors act"

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.   Short title. This act shall be known and may be cited as
  the "school buildings carbon monoxide detectors act".
    S 2.  The education law is amended by adding a new section 411 to read
  as follows:

    S 411. INSTALLATION OF CARBON  MONOXIDE  DETECTORS.  THE  COMMISSIONER
  SHALL  ADOPT  REGULATIONS  REQUIRING THE INSTALLATION OF OPERABLE CARBON
  MONOXIDE DETECTORS IN EVERY ELEMENTARY  AND  SECONDARY  SCHOOL  BUILDING
  WITHIN  THE  STATE WHEREIN THE USE OF HEATING OR OTHER EQUIPMENT POSES A
  SUBSTANTIAL RISK OF EXPOSURE TO CARBON MONOXIDE.   SUCH CARBON  MONOXIDE
  DETECTORS  SHALL MEET THE MANUFACTURE, DESIGN AND INSTALLATION STANDARDS
  ESTABLISHED BY THE NEW YORK STATE UNIFORM FIRE PREVENTION  AND  BUILDING
  CODE  COUNCIL  PURSUANT  TO  SECTION  THREE HUNDRED SEVENTY-EIGHT OF THE
  EXECUTIVE LAW.
    S 3. Subdivision 6-c of section 3602 of the education law, as  amended
  by section 1 of part A2 of chapter 62 of the laws of 2003, is amended to
  read as follows:

    6-c.  Building  aid  for  metal  detectors, SECURITY CAMERAS AND OTHER
  SECURITY DEVICES, CARBON MONOXIDE DETECTORS and safety devices for elec-
  trically operated partitions, room dividers and doors.  In  addition  to
  the  apportionments payable to a school district pursuant to subdivision
  six of this section, the commissioner is hereby authorized to  apportion
  to any school district additional building aid pursuant to this subdivi-
  sion  for its approved expenditures in the base year for the purchase of

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01230-03-1

 A. 201--A                           2

  stationary metal detectors, security cameras, CARBON MONOXIDE  DETECTORS
  REQUIRED PURSUANT TO SECTION FOUR HUNDRED ELEVEN OF THIS CHAPTER, safety
  devices  for electrically operated partitions and room dividers required
  pursuant  to section four hundred nine-f of this chapter, or other secu-
  rity devices approved by the commissioner that increase  the  safety  of
  students and school personnel, provided, however, that funds apportioned
  to  school  districts  pursuant to this section shall not supplant funds
  for existing district expenditures or  for  existing  contractual  obli-
  gations  of  the  district  for  stationary  metal  detectors,  security
  cameras, CARBON MONOXIDE DETECTORS, partition and  room  divider  safety
  devices,  or  security  devices.   Portable or hand held metal detectors
  shall not be eligible for aid pursuant to this subdivision.  Such  addi-
  tional  aid  shall  equal the product of the building aid ratio computed
  for use in the current year pursuant to paragraph c of  subdivision  six
  of  this  section  and  the actual approved expenditures incurred in the
  base year pursuant to this subdivision, provided that the limitations on
  cost allowances prescribed by paragraph a of  subdivision  six  of  this
  section  shall  not  apply.  The commissioner shall annually prescribe a
  special cost allowance for metal detectors, and  security  cameras,  and
  the  approved  expenditures  shall  not  exceed such cost allowance. THE
  COMMISSIONER SHALL ANNUALLY  PRESCRIBE  A  SPECIAL  COST  ALLOWANCE  FOR
  CARBON  MONOXIDE  DETECTORS,  AND  THE  APPROVED  EXPENDITURES SHALL NOT
  EXCEED SUCH COST ALLOWANCE. The commissioner shall annually prescribe  a
  special  cost  allowance  for partition and room divider safety devices,
  and the approved expenditures shall not exceed such cost allowance.
    S 4. Notwithstanding any other provision of law, rule or regulation to
  the contrary no school district shall be required to  make  expenditures
  in its current fiscal year or in any subsequent fiscal year of more than
  one  hundred  dollars  per  affected school building for carbon monoxide
  detectors.
    S 5. This act shall take effect on the one hundred eightieth day after
  it shall have become a law, and shall  apply  to  all  school  buildings
  first  occupied  on  or  after  such  date,  provided, however, that the
  commissioner of education shall be immediately authorized  and  directed
  to  promulgate  rules and regulations and take any and all other actions
  necessary to implement the provisions of this  act  on  such  date,  and
  provided  further  that  such  rules  and regulations shall provide that
  school buildings occupied prior to January 31, 2013 shall be required to
  install operable carbon monoxide detectors not later  than  January  31,
  2015.