Provides that the education department shall set guidelines relating to noise and work hours on school construction sites.
STATE OF NEW YORK ________________________________________________________________________ 43 2011-2012 Regular Sessions IN ASSEMBLY (PREFILED) January 5, 2011 ___________Introduced by M. of A. LATIMER -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to the applicability of noise ordinances on school construction work sites THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 408-c to read as follows: S 408-C. GUIDELINES RELATING TO NOISE AND WORK HOURS ON SCHOOL CONSTRUCTION SITES. 1. THE DEPARTMENT SHALL ISSUE GUIDELINES FOR PUBLIC SCHOOL DISTRICT CONSTRUCTION AS IT PERTAINS TO NOISE LEVELS AND HOURS OF WORK. GUIDELINES SHALL SPECIFY THAT RECOMMENDED HOURS OF WORK ARE BETWEEN SEVEN O'CLOCK A.M. AND SEVEN O'CLOCK P.M. SHOULD WORK OCCUR OUTSIDE THESE HOURS, RECOMMENDED NOISE LEVELS AFTER SEVEN O'CLOCK P.M. OR BEFORE SEVEN O'CLOCK A.M. SHOULD BE CONSISTENT WITH MANDATES ISSUED BY THE DEPARTMENT FOR CONSTRUCTION OCCURRING DURING SCHOOL HOURS. 2. THE DEPARTMENT SHALL ISSUE GUIDELINES PROVIDING FOR THE DISSEM- INATION OF GUIDELINES FOR SCHOOL DISTRICT CONSTRUCTION AS THEY PERTAIN TO NOISE AND HOURS OF WORK. DISSEMINATION SHALL INCLUDE PROMINENTLY POSTING THE OFFICE WITHIN THE DEPARTMENT RESPONSIBLE FOR FIELDING COMPLAINTS REGARDING NOISE LEVELS OR WORK HOURS ON THE DEPARTMENT'S WEBSITE AND INCLUDING INFORMATION IN THE DEPARTMENT'S NEWSLETTER. 3. WHILE THE DEPARTMENT IS NOT RESPONSIBLE FOR ROUTINELY MONITORING ADHERENCE TO GUIDELINES, IT WILL WORK TO MAINTAIN POSITIVE COMMUNITY RELATIONS BETWEEN LOCAL RESIDENTS AND SCHOOL DISTRICTS WHEN DISPUTES ARISE OVER SCHOOL CONSTRUCTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00712-01-1