Requires the replacement of lighting ballasts and lighting fixtures in buildings in New York City constructed between 1950 and 1978 that are used as schools; exempts buildings that have replaced lighting ballasts and lighting fixtures not containing PCB's; requires the testing of each area post-replacement for the presence of PCB's; requires the posting of test results on the NYC department of education website; authorizes the NYC department of education to seek state and federal funding to accomplish the required replacement; requires the promulgation of regulations by the state department of education.
Ayes (61): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Ball, Marchione
TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to requiring the replacement of lighting ballasts and lighting fixtures in buildings constructed between 1950 and 1978 that are used as schools and requiring the promulgation of regulations by the state department of education
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require the New York City Department of Education (DOE) to replace all lighting fixtures constructed between 1950 and 1978 using materials that do not contain PCBs.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subchapter 7 of Chapter 1 of title 27 of the administrative code of the city of New York by adding a new article 23.
Section 2 adds a new unconsolidated section of the education law willing the state education department to implement and enforce rules or regulations necessary to effectuate the provisions of this act.
Section 3 establishes the effective date.
JUSTIFICATION: The dangers of PCBs are well documented, and have been observed to cause cardiovascular, endocrine, immune and cognitive damage in addition to other. complications. In children, whose developing systems are exposed to PCBs in schools throughout the school year, exposure has been additionally linked with attention-deficit/ hyperactivity disorder (ADHD), increased aggression and many other. symptoms that constitute a serious impediment to cognitive development and learning.
In August of 2010, it was reported that the three schools tested over the summer, P.S 199 in Manhattan, P.S. 178 in the Bronx, and P.S. 309 in Brooklyn all reported PCS levels above the EPA guidance levels. In P.S. 309, the contamination was found to be 50 times this standard. PCBs are found in window caulk, lighting ballasts and other materials used in construction between 1950 and 1978. There are believed to be 700-800 schools in New York City that fall in this category.
In a letter addressed to a New York City Deputy Mayor, EPA issued a scathing reprimand to the City and suggested that it was in violation of the Toxic Substances Control Act if it did not immediately implement a citywide lighting fixture replacement process. The EPA has begun its own inspections of lighting ballasts.
These lighting ballasts must eventually be replaced, and the energy savings achieved by this project along with available avenues of funding would offset replacement costs.
PRIOR LEGISLATIVE HISTORY: A.5374 of 2011-2012
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect immediately; provided however that section one of this act shall take effect on the one hundred eightieth day after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 3774 2013-2014 Regular Sessions IN SENATE February 14, 2013 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to requiring the replacement of lighting ballasts and light- ing fixtures in buildings constructed between 1950 and 1978 that are used as schools and requiring the promulgation of regulations by the state department of education THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subchapter 7 of chapter 1 of title 27 of the administrative code of the city of New York is amended by adding a new article 23 to read as follows: ARTICLE 23 SCHOOL BUILDINGS CONSTRUCTED BETWEEN 1950 AND 1978 SECTION 27-521.20 LIGHTING BALLASTS AND LIGHTING FIXTURES IN SCHOOL BUILDINGS. 27-521.25 FINANCING AND REMEDIATION. S 27-521.20 LIGHTING BALLASTS AND LIGHTING FIXTURES IN SCHOOL BUILD- INGS. (A) THE DEPARTMENT SHALL REPLACE ALL LIGHTING BALLASTS AND LIGHT- ING FIXTURES IN ANY BUILDING CONSTRUCTED OR SUBSTANTIALLY RENOVATED BETWEEN THE YEARS NINETEEN HUNDRED FIFTY AND NINETEEN HUNDRED SEVENTY-EIGHT THAT IS CURRENTLY USED AS A SCHOOL. (B) FOLLOWING THE REPLACEMENT OF ANY LIGHTING BALLASTS OR LIGHTING FIXTURES PURSUANT TO SUBDIVISION (A) OF THIS SECTION, EACH SITE SHALL BE TESTED FOR THE PRESENCE OF POLYCHLORINATED BIPHENYLS. RESULTS SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE WITHIN FOUR DAYS OF RECEIVING TEST RESULTS. (C) SCHOOL BUILDINGS SHALL BE EXEMPT FROM SUBDIVISION (A) OF THIS SECTION IF THE LIGHTING BALLASTS AND LIGHTING FIXTURES HAVE BEEN REPLACED USING MATERIALS NOT CONTAINING POLYCHLORINATED BIPHENYLS. (D) FOR PURPOSES OF THIS SECTION:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04438-04-3 S. 3774 2
(1) "DEPARTMENT" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF EDUCATION. (2) "SCHOOL" SHALL MEAN EACH SCHOOL WITHIN THE NEW YORK CITY PUBLIC SCHOOL SYSTEM THAT PROVIDES EDUCATIONAL INSTRUCTION TO STUDENTS AT OR BELOW THE TWELFTH GRADE LEVEL. S 27-521.25 FINANCING AND REMEDIATION. THE DEPARTMENT SHALL COORDINATE FINANCING AND REMEDIATION IN CONSULTATION WITH RELEVANT STATE AGENCIES AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND SHALL BE REQUIRED TO SEARCH FOR FEDERAL AND STATE FINANCING TO ACCOMPLISH SUCH PURPOSE. S 2. Notwithstanding any provision of law to the contrary, the state education department shall implement and enforce rules or regulations necessary to effectuate the provisions of this act. The state education department shall establish deadlines to ensure expedited remediation and testing of lighting ballasts and lighting fixtures in school buildings constructed between 1950 and 1978 and shall require that fifty percent of all replacement work shall be completed within one year and the completion of all replacement work within two years from the effective date of this act. S 3. This act shall take effect immediately; provided however that section one of this act shall take effect on the one hundred eightieth day after it shall have become a law.