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

                                 3676--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A. LUPARDO, CAHILL, KAVANAGH, GOTTFRIED, PAULIN,
  ROSENTHAL, KELLNER, JAFFEE, MILLMAN, SCHIMEL, ROBINSON, ORTIZ,  GALEF,
  CLARK,  BENEDETTO,  COLTON,  BROOK-KRASNY,  AUBRY, SKARTADOS, SIMOTAS,
  LIFTON, ROSA, SWEENEY, ABINANTI -- Multi-Sponsored  by  --  M.  of  A.
  BRENNAN,  COOK,  GLICK, JACOBS, MONTESANO, RIVERA, TITONE -- read once
  and referred to the Committee  on  Education  --  recommitted  to  the
  Committee  on  Education in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the education law, in relation to establishing the green
  schools New York act

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

  Section 1. This act shall be known and may  be  cited  as  the  "green
schools New York act".
  S  2. Subdivision 3 of section 408 of the education law, as amended by
section 2 of part A-1 of chapter 58 of the laws of 2006, is amended  and
a new subdivision 3-a is added to read as follows:
  3.  The commissioner shall approve the plans and specifications, here-
tofore or hereafter submitted pursuant to this section, for the erection
or purchase of any school building or  addition  thereto  or  remodeling
thereof on the site or sites selected therefor pursuant to this chapter,
if such plans conform to the requirements and provisions of this chapter
and the regulations of the commissioner adopted pursuant to this chapter
in  all  other  respects;  provided,  however, that the commissioner [of
education] shall not approve the plans for the erection or  purchase  of
any  school  building  or  addition  thereto  unless  the  site has been
selected with reasonable consideration of  the  following  factors;  its
place  in  a  comprehensive,  long-term  school  building  program; area
required for outdoor educational activities;  educational  adaptability,
environment,  accessibility; soil conditions; initial and ultimate cost.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07062-02-4
              

A. 3676--A                          2

[In developing such  plans  and  specifications,  school  districts  are
encouraged  to  review the energy conservation and saving best practices
available from the department and the New York state energy research and
development authority.]
  3-A.  IN DEVELOPING SUCH PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION
OF NEW SCHOOLS OR THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING  SCHOOL,
SCHOOL  DISTRICTS SHALL BE REQUIRED TO COMPLY WITH THE CURRENT NY - CHPS
CRITERIA ESTABLISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS  -
APPENDIX: NY - CHPS HIGH PERFORMANCE SCHOOLS GUIDELINES.
  S  3.  Subdivision 1 of section 408-a of the education law, as amended
by chapter 420 of the laws of 1968, is amended to read as follows:
  1. The commissioner [of general services], after consultation with the
[commissioner of education] NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
MENT  AUTHORITY and subject to the approval of the director of the budg-
et, shall promptly prepare or acquire as many master  sets  of  complete
plans  and  specifications  for the construction of new school buildings
and appurtenant facilities as shall be sufficient to  provide  at  least
six  different  master  sets  each  for elementary, junior high and high
schools, based on the number of pupils to be accommodated therein.  Such
plans  and  specifications  shall  be prepared so as to provide adequate
classrooms and other necessary space and facilities at the  lowest  cost
consistent  with  sound  construction  principles and practices, and the
attainment of educational objectives, and  shall  provide  for  heating,
ventilation,   lighting,   sanitation  and  health,  fire  and  accident
protection adequate to maintain healthful, safe, and comfortable  condi-
tions  therein.  Such plans and specifications shall be so prepared that
any possible future addition to any such school building may be  econom-
ically  effectuated.    SUCH PLANS SHALL COMPLY WITH THE CRITERIA ESTAB-
LISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS - APPENDIX: NY -
CHPS HIGH PERFORMANCE SCHOOLS GUIDELINES. In addition, the  commissioner
[of  general  services] shall, as often as he OR SHE deems advisable but
at least annually, review such master sets and, after consultation  with
the  [commissioner  of  education]  NEW  YORK  STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY, and subject to approval of the  director  of  the
budget, may revise or cancel any of such sets or prepare new sets.
  S  4.  This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law; provided however that effective  imme-
diately,  the department of education is authorized to promulgate, amend
or repeal any rule or regulation which it deems necessary or appropriate
to implement this act.