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.

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