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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