S T A T E   O F   N E W   Y O R K
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                                   946

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, GALEF -- Multi-Sponsored by -- M. of
  A. CAHILL, COLTON -- read once and referred to the Committee on Educa-
  tion

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:

  Section 1. Legislative intent. The legislature finds and declares that
it shall be the policy of the state of New York to provide  every  child
with  an  environmentally safe and healthy learning environment in which
to grow, learn and mature into productive and healthy adults. To  ensure
that  schools  provide  this  setting  for our children, the legislature
finds that standards for school buildings being purchased, remodeled  or
built  must be protective of children's environmental health and safety.
Children are uniquely vulnerable to and  may  be  severely  affected  by
exposure to chemicals, hazardous wastes and other environmental hazards,
which  affect  their learning abilities as well as create chemical-based
responses and sensitivities. It is the purpose of  this  legislation  to
reduce as much as possible such exposures for children and school staff.
  S  2. Subdivisions 2 and 3 of section 408 of the education law, subdi-
vision 2 as amended by chapter 414 of the laws of 1972 and subdivision 3
as amended by section 2 of part A1 of chapter 58 of the  laws  of  2006,
are amended to read as follows:
  2. The commissioner [of education] shall not approve the plans for the
erection,  LEASE  or purchase of any school building or addition thereto
or remodeling thereof unless the same shall provide  for  THE  FOLLOWING
WHERE  APPLICABLE:  heating,  ventilation,  AND AIR CONDITIONING SYSTEMS
CONSTRUCTED, MAINTAINED OR UPGRADED TO MEET CURRENTLY ACCEPTED  INDUSTRY
VENTILATION  STANDARDS;  PLACEMENT OF AIR INTAKE VENTS SO AS TO MAXIMIZE
HEALTHFUL INDOOR AIR QUALITY; DESIGN PRACTICES THAT MINIMIZE INGRESS  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05981-01-5
              

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AND  CONDITIONS  FAVORABLE  TO PEST POPULATIONS; CONSTRUCTION TECHNIQUES
AND VENTILATION SYSTEMS DESIGNED TO CONTROL RADON LEVELS IN INDOOR  AIR;
lighting[,]; sanitation[,]; storm drainage and health, fire and accident
protection  adequate  to maintain healthful, safe and comfortable condi-
tions therein and  unless  the  county  superintendent  of  highways  or
commissioner  of  public  works  has been advised of the location of all
temporary and permanent entrances and exits upon all public highways and
the storm drainage plan which is to be used.
  3. (A) The commissioner shall approve the  plans  and  specifications,
heretofore  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,  AND  accessibility;  soil  conditions;  AND
initial  and ultimate cost. 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.
  (B) SUCH PLANS SHALL DEMONSTRATE THAT THE SCHOOL DISTRICT HAS  IN  ITS
SELECTION  OF  THE  SITE OR SITES FOR THE ERECTION, LEASE OR PURCHASE OF
ANY SCHOOL BUILDING OR ADDITION THERETO OR REMODELING THEREOF TAKEN INTO
CONSIDERATION THE PROXIMITY OF SUCH SITE OR SITES TO EXISTING AND  KNOWN
ENVIRONMENTAL   HAZARDS,  INCLUDING  INDUSTRIAL  FACILITIES,  COMBUSTION
FACILITIES, INACTIVE HAZARDOUS WASTE SITES, AND MUNICIPAL LANDFILLS, AND
OTHER ENVIRONMENTAL HAZARDS AS DETERMINED BY THE DEPARTMENTS OF ENVIRON-
MENTAL CONSERVATION AND HEALTH, AND AVOIDANCE OF SUCH WHERE PRUDENT.
  S 3. Section 408 of the education law  is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7. NOTWITHSTANDING THE REQUIREMENTS OF THIS SECTION, THE PROVISIONS OF
SUBDIVISIONS  TWO  AND  THREE  OF THIS SECTION SHALL APPLY TO ALL SCHOOL
DISTRICTS, INCLUDING CITY SCHOOL DISTRICTS, REGARDLESS OF POPULATION AND
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
  S 4. Subdivision 1 of section 409-d of the education law,  as  amended
by chapter 437 of the laws of 2014, is amended to read as follows:
  1.  Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection,  safety  rating
and  monitoring  system.  Such  program  shall establish a safety rating
system for such school buildings to assess  the  need  for  maintenance,
repairs, rehabilitation, reconstruction, construction and other improve-
ments  related  to the structural integrity and overall safety of public
school buildings including but not limited to building  systems  related
to  electrical,  plumbing,  heating,  ventilation, and air conditioning,
sanitation and health, ENVIRONMENTAL HEALTH AND SAFETY, fire  and  acci-
dent  protection;  and require that such ratings be used for the purpose
of developing a buildings  condition  survey  as  required  pursuant  to
subdivision four of section thirty-six hundred forty-one of this chapter
and  a five year CAPITAL facilities plan as required pursuant to [clause

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(i) of subparagraph two of paragraph b of] subdivision  six  of  section
thirty-six hundred two of this chapter.
  S  5. Subdivision 1 of section 409-d of the education law, as added by
section 1 of part B of chapter 56 of the laws of  1998,  is  amended  to
read as follows:
  1.  Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection,  safety  rating
and  monitoring system. Such program shall require the annual inspection
of all public school buildings throughout New York  state;  establish  a
safety  rating  system  for such school buildings to assess the need for
maintenance, repairs, rehabilitation, reconstruction,  construction  and
other improvements related to the structural integrity and overall safe-
ty  of  public  school  buildings  including but not limited to building
systems related to electrical, plumbing, heating, ventilation,  and  air
conditioning,  sanitation  and  health, ENVIRONMENTAL HEALTH AND SAFETY,
fire and accident protection; and require that such ratings be used  for
the  purpose  of  developing  a  buildings  condition survey as required
pursuant to subdivision four of section thirty-six hundred forty-one  of
this  chapter and a five year CAPITAL facilities plan as required pursu-
ant to [clause (i) of subparagraph two of paragraph  b  of]  subdivision
six of section thirty-six hundred two of this chapter.
  S  6. Subdivision 3 of section 409-e of the education law, as added by
section 1 of part B of chapter 56 of the laws of  1998,  is  amended  to
read as follows:
  3.  Safety  rating  system. The commissioner shall develop pursuant to
regulations a safety rating system to be used by  all  school  districts
and  boards  of cooperative educational services keyed to the structural
integrity and overall safety of the  building  and  shall  be  developed
using data obtained from the building's annual inspection as required by
this  article.  Such  safety rating system shall identify and assess the
condition of every major  system  component  of  every  school  building
including  interior structures; building systems such as heating, venti-
lation, plumbing and electrical systems; exterior  structures  including
but  not  limited to roofs, masonry, stairs, and chimneys; and develop a
system which rates each building component based on at least the follow-
ing factors: overall safety INCLUDING ENVIRONMENTAL HEALTH  AND  SAFETY;
structural  integrity; probable useful life; need for repair or replace-
ment; and maintenance. Such safety rating shall include mechanisms which
facilitate more frequent inspections and repairs as determined necessary
to protect the welfare and safety of students and staff residing in such
school buildings. This information shall be used for purposes of  devel-
oping a buildings condition survey as required pursuant to section thir-
ty-six hundred forty-one of this chapter and a five year CAPITAL facili-
ties  plan  as  required  pursuant to [clause (i) of subparagraph two of
paragraph (b) of] subdivision six of section thirty-six hundred  two  of
this chapter.
  S  7.  The  environmental  conservation law is amended by adding a new
section 3-0320 to read as follows:
S 3-0320. INFORMATION FOR EDUCATION DEPARTMENT AND SCHOOL DISTRICTS.
   PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED  EIGHT  OF  THE
EDUCATION  LAW,  THE  DEPARTMENT  SHALL  ANNUALLY  PROVIDE ALL NECESSARY
INFORMATION TO THE EDUCATION DEPARTMENT, REGARDING  EXISTING  AND  KNOWN
LOCATIONS  OF  INDUSTRIAL  FACILITIES,  COMBUSTION  FACILITIES, INACTIVE
HAZARDOUS WASTE SITES,  MUNICIPAL  LANDFILLS,  AND  OTHER  ENVIRONMENTAL
HAZARDS.  WHENEVER  SCHOOL  DISTRICTS  REQUEST THIS INFORMATION FROM THE

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DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED  WITHIN  THIRTY  DAYS  OF
RECEIPT OF SUCH REQUEST.
  S 8. The public health law is amended by adding a new section 201-a to
read as follows:
  S  201-A.  INFORMATION  FOR EDUCATION DEPARTMENT AND SCHOOL DISTRICTS.
PURSUANT TO SUBDIVISION THREE OF  SECTION  FOUR  HUNDRED  EIGHT  OF  THE
EDUCATION  LAW,  THE  DEPARTMENT  SHALL  ANNUALLY  PROVIDE ALL NECESSARY
INFORMATION TO THE EDUCATION DEPARTMENT, REGARDING  EXISTING  AND  KNOWN
LOCATIONS  OF ENVIRONMENTAL HAZARDS SUCH AS RADON, LEAD, AND OTHER TOXIC
CONTAMINANTS. WHENEVER SCHOOL DISTRICTS REQUEST  THIS  INFORMATION  FROM
THE DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS OF
RECEIPT OF SUCH REQUEST.
  S  9.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however that the amendments to  subdivision
1 of section 409-d of the education law made by section four of this act
shall expire on the same day as such subdivision expires, when upon such
date the provisions of section five of this act shall take effect.