Bill S1618-2015

Enacts the "school buildings carbon monoxide detectors act"

Enacts the "school buildings carbon monoxide detectors act"; requires the installation of carbon monoxide detectors in elementary and secondary school buildings; authorizes the commissioner of education to annually prescribe a special cost allowance for such carbon monoxide detectors.

Details

Actions

  • Jan 13, 2015: REFERRED TO EDUCATION

Memo

BILL NUMBER:S1618

TITLE OF BILL:

An act to amend the education law, in relation to enacting the "school buildings carbon monoxide detectors act"

PURPOSE:

To protect the health and safety of elementary and secondary school students by requiring installation of carbon monoxide detectors in all school buildings where there is a substantial risk of exposure to carbon monoxide.

SUMMARY OF PROVISIONS:

Adds a new section 411 requiring the Commissioner of Education to adopt regulations requiring the installation of operable carbon monoxide detectors in very 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 must meet the manufacture, design and installation standards established by the State Uniform Fire Prevention and Building code Council pursuant to Executive Law Section 378.

Section 3602(6-c) is amended to add carbon monoxide detectors to the list of safety and security devices that qualify for the special apportionment of school building aid. The commissioner is authorized to annually prescribe a special maximum cost allowance for carbon monoxide detectors.

Section 4 Provides that no school district shall be required to make expenditures in its current fiscal year or in any subsequent fiscal year of more than $100 per affected school building for carbon monoxide detectors.

Section 5 is the effective date.

JUSTIFICATION:

Carbon monoxide is a colorless, odorless gas which can cause nausea, headaches and dizziness. If it is allowed to build up in enclosed spaces, it can be deadly. Carbon monoxide detectors represent an inexpensive and effective way to protect against carbon monoxide poisoning.

The Legislature recently recognized the value of these devices by requiring their installation in one and two family homes. However, carbon monoxide detectors are not currently required in school buildings. This bill calls on the Commissioner of Education to adopt regulations requiring that detectors be installed in every elementary and secondary school building in New York State where heating equipment or other factors pose a substantial risk of exposure to carbon monoxide.

Carbon monoxide detectors are also added to the list of safety and security equipment for which a special apportionment of school

building aid is available. These provisions will help to ensure that the buildings our students learn in can be made safer without imposing any burdensome costs on school districts.

LEGISLATIVE HISTORY:

2011-12 S.3487A; 2009-10 S.2314; 2007-08 S.1689; 2005-06 S.983; 2003-04 S.3563B.

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

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, 2016 shall be required to install operable carbon monoxide detectors not later than January 31, 2018.


Text

STATE OF NEW YORK ________________________________________________________________________ 1618 2015-2016 Regular Sessions IN SENATE January 13, 2015 ___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Education 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. Paragraph a of subdivision 6-c of section 3602 of the education law, as amended by chapter 1 of the laws of 2013, is amended to read as follows: a. Building aid for metal detectors, SECURITY CAMERAS AND OTHER SECU- RITY 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 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. In accordance with chapter 507 of the laws of 1974, the commis- sioner of education shall apportion to each qualifying nonpublic school an amount equal to the actual costs incurred by such school that result from complying with section 411 of the education law. 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, 2016 shall be required to install operable carbon monoxide detectors not later than January 31, 2018.

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