S T A T E O F N E W Y O R K ________________________________________________________________________ 3854 2011-2012 Regular Sessions I N A S S E M B L Y January 28, 2011 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Education AN ACT to amend the education law, the environmental conservation law and the public health law, in relation to plans and specifications of school buildings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature finds and declares that 2 it shall be the policy of the state of New York to provide every child 3 with an environmentally safe and healthy learning environment in which 4 to grow, learn and mature into productive and healthy adults. To ensure 5 that schools provide this setting for our children, the legislature 6 finds that standards for school buildings being purchased, remodeled or 7 built must be protective of children's environmental health and safety. 8 Children are uniquely vulnerable to and may be severely affected by 9 exposure to chemicals, hazardous wastes and other environmental hazards, 10 which affect their learning abilities as well as create chemical-based 11 responses and sensitivities. It is the purpose of this legislation to 12 reduce as much as possible such exposures for children and school staff. 13 S 2. Subdivisions 2 and 3 of section 408 of the education law, subdi- 14 vision 2 as amended by chapter 414 of the laws of 1972 and subdivision 3 15 as amended by section 2 of part A1 of chapter 58 of the laws of 2006, 16 are amended to read as follows: 17 2. The commissioner [of education] shall not approve the plans for the 18 erection, LEASE or purchase of any school building or addition thereto 19 or remodeling thereof unless the same shall provide for THE FOLLOWING 20 WHERE APPLICABLE: heating, ventilation, AND AIR CONDITIONING SYSTEMS 21 CONSTRUCTED, MAINTAINED OR UPGRADED TO MEET CURRENTLY ACCEPTED INDUSTRY 22 VENTILATION STANDARDS; PLACEMENT OF AIR INTAKE VENTS SO AS TO MAXIMIZE 23 HEALTHFUL INDOOR AIR QUALITY; DESIGN PRACTICES THAT MINIMIZE INGRESS OF 24 AND CONDITIONS FAVORABLE TO PEST POPULATIONS; CONSTRUCTION TECHNIQUES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05289-01-1 A. 3854 2 1 AND VENTILATION SYSTEMS DESIGNED TO CONTROL RADON LEVELS IN INDOOR AIR; 2 lighting[,]; sanitation[,]; storm drainage and health, fire and accident 3 protection adequate to maintain healthful, safe and comfortable condi- 4 tions therein and unless the county superintendent of highways or 5 commissioner of public works has been advised of the location of all 6 temporary and permanent entrances and exits upon all public highways and 7 the storm drainage plan which is to be used. 8 3. (A) The commissioner shall approve the plans and specifications, 9 heretofore or hereafter submitted pursuant to this section, for the 10 erection or purchase of any school building or addition thereto or 11 remodeling thereof on the site or sites selected therefor pursuant to 12 this chapter, if such plans conform to the requirements and provisions 13 of this chapter and the regulations of the commissioner adopted pursuant 14 to this chapter in all other respects; provided, however, that the 15 commissioner [of education] shall not approve the plans for the erection 16 or purchase of any school building or addition thereto unless the site 17 has been selected with reasonable consideration of the following 18 factors; its place in a comprehensive, long-term school building 19 program; area required for outdoor educational activities; educational 20 adaptability, environment, AND accessibility; soil conditions; AND 21 initial and ultimate cost. In developing such plans and specifications, 22 school districts are encouraged to review the energy conservation and 23 saving best practices available from the department and the New York 24 state energy research and development authority. 25 (B) SUCH PLANS SHALL DEMONSTRATE THAT THE SCHOOL DISTRICT HAS IN ITS 26 SELECTION OF THE SITE OR SITES FOR THE ERECTION, LEASE OR PURCHASE OF 27 ANY SCHOOL BUILDING OR ADDITION THERETO OR REMODELING THEREOF TAKEN INTO 28 CONSIDERATION THE PROXIMITY OF SUCH SITE OR SITES TO EXISTING AND KNOWN 29 ENVIRONMENTAL HAZARDS, INCLUDING INDUSTRIAL FACILITIES, COMBUSTION 30 FACILITIES, INACTIVE HAZARDOUS WASTE SITES, AND MUNICIPAL LANDFILLS, AND 31 OTHER ENVIRONMENTAL HAZARDS AS DETERMINED BY THE DEPARTMENTS OF ENVIRON- 32 MENTAL CONSERVATION AND HEALTH, AND AVOIDANCE OF SUCH WHERE PRUDENT. 33 S 3. Section 408 of the education law is amended by adding a new 34 subdivision 7 to read as follows: 35 7. NOTWITHSTANDING THE REQUIREMENTS OF THIS SECTION, THE PROVISIONS OF 36 SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL APPLY TO ALL SCHOOL 37 DISTRICTS, INCLUDING CITY SCHOOL DISTRICTS, REGARDLESS OF POPULATION AND 38 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES. 39 S 4. Subdivision 1 of section 409-d of the education law, as added by 40 section 1 of part B of chapter 56 of the laws of 1998, is amended to 41 read as follows: 42 1. Program establishment. The commissioner is authorized and directed 43 to establish, develop and monitor a comprehensive public school building 44 safety program which shall include a uniform inspection, safety rating 45 and monitoring system. Such program shall require the annual inspection 46 of all public school buildings throughout New York state; establish a 47 safety rating system for such school buildings to assess the need for 48 maintenance, repairs, rehabilitation, reconstruction, construction and 49 other improvements related to the structural integrity and overall safe- 50 ty of public school buildings including but not limited to building 51 systems related to electrical, plumbing, heating, ventilation, and air 52 conditioning, sanitation and health, ENVIRONMENTAL HEALTH AND SAFETY, 53 fire and accident protection; and require that such ratings be used for 54 the purpose of developing a buildings condition survey as required 55 pursuant to subdivision four of section thirty-six hundred forty-one of 56 this chapter and a five year CAPITAL facilities plan as required pursu- A. 3854 3 1 ant to [clause (i) of subparagraph two of paragraph b of] subdivision 2 six of section thirty-six hundred two of this chapter. 3 S 5. Subdivision 3 of section 409-e of the education law, as added by 4 section 1 of part B of chapter 56 of the laws of 1998, is amended to 5 read as follows: 6 3. Safety rating system. The commissioner shall develop pursuant to 7 regulations a safety rating system to be used by all school districts 8 and boards of cooperative educational services keyed to the structural 9 integrity and overall safety of the building and shall be developed 10 using data obtained from the building's annual inspection as required by 11 this article. Such safety rating system shall identify and assess the 12 condition of every major system component of every school building 13 including interior structures; building systems such as heating, venti- 14 lation, plumbing and electrical systems; exterior structures including 15 but not limited to roofs, masonry, stairs, and chimneys; and develop a 16 system which rates each building component based on at least the follow- 17 ing factors: overall safety INCLUDING ENVIRONMENTAL HEALTH AND SAFETY; 18 structural integrity; probable useful life; need for repair or replace- 19 ment; and maintenance. Such safety rating shall include mechanisms which 20 facilitate more frequent inspections and repairs as determined necessary 21 to protect the welfare and safety of students and staff residing in such 22 school buildings. This information shall be used for purposes of devel- 23 oping a buildings condition survey as required pursuant to section thir- 24 ty-six hundred forty-one of this chapter and a five year CAPITAL facili- 25 ties plan as required pursuant to [clause (i) of subparagraph two of 26 paragraph (b) of] subdivision six of section thirty-six hundred two of 27 this chapter. 28 S 6. The environmental conservation law is amended by adding a new 29 section 3-0319 to read as follows: 30 S 3-0319. INFORMATION FOR EDUCATION DEPARTMENT AND SCHOOL DISTRICTS. 31 PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED EIGHT OF THE 32 EDUCATION LAW, THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECESSARY 33 INFORMATION TO THE EDUCATION DEPARTMENT, REGARDING EXISTING AND KNOWN 34 LOCATIONS OF INDUSTRIAL FACILITIES, COMBUSTION FACILITIES, INACTIVE 35 HAZARDOUS WASTE SITES, MUNICIPAL LANDFILLS, AND OTHER ENVIRONMENTAL 36 HAZARDS. WHENEVER SCHOOL DISTRICTS REQUEST THIS INFORMATION FROM THE 37 DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS OF 38 RECEIPT OF SUCH REQUEST. 39 S 7. The public health law is amended by adding a new section 201-a to 40 read as follows: 41 S 201-A. INFORMATION FOR EDUCATION DEPARTMENT AND SCHOOL DISTRICTS. 42 PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED EIGHT OF THE 43 EDUCATION LAW, THE DEPARTMENT SHALL ANNUALLY PROVIDE ALL NECESSARY 44 INFORMATION TO THE EDUCATION DEPARTMENT, REGARDING EXISTING AND KNOWN 45 LOCATIONS OF ENVIRONMENTAL HAZARDS SUCH AS RADON, LEAD, AND OTHER TOXIC 46 CONTAMINANTS. WHENEVER SCHOOL DISTRICTS REQUEST THIS INFORMATION FROM 47 THE DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS OF 48 RECEIPT OF SUCH REQUEST. 49 S 8. This act shall take effect on the sixtieth day after it shall 50 have become a law.