Bill S5113A-2013

Establishes the green schools New York act

Establishes the green schools New York act, requiring schools to comply with the criteria established in the department's manual of planning standards - appendix: NY - CHPS High Performance Schools Guidelines.

Details

Actions

  • Mar 17, 2014: PRINT NUMBER 5113A
  • Mar 17, 2014: AMEND AND RECOMMIT TO EDUCATION
  • Jan 8, 2014: REFERRED TO EDUCATION
  • May 10, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S5113A

TITLE OF BILL: An act to amend the education law, in relation to establishing the green schools New York act

PURPOSE OR GENERAL IDEA OF BILL: To require new construction and substantial reconstruction projects of public school buildings undertaken by school districts and city school districts to comply with green building standards, as established by the New York State Department of Education (NYSED) in the department's manual of planning standards appendix: NY - CHPS (Most Current Version) High Performance School Guidelines.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill establishes that the bill shall be cited as the Green Schools New York Act.

Section 2 amends § 408 of the education law by adding new subsection 3-a, which requires state school districts to comply with the energy conservation practices and standards established in the department's manual of planning standards -appendix: NY - CHPS (Most Current Version): High Performance Schools Guidelines.

Section 3 of the bill amends 408-a of the education law by giving the commissioner of education, in consultation with The New York Energy Research and Development Authority (NYSERDA) authority to make plans and specifications for the construction of new school buildings consistent with the department's manual of planning standards appendix: NY - CHPS (Most Current Version): High Performance School Guidelines. The commissioner of education shall, as often as he or she deems advisable but at least annually, review such master sets and, after consultation with NYSERDA, and subject to approval of the director of the budget, may revise or cancel any of such sets or prepare new sets.

Section 4 establishes this act to take effect on the three hundred sixty-fifth day after it shall have become a Law; provided that NYSED is authorized to promulgate, amend or repeal any rule or regulation which it deems necessary or appropriate to implement this act.

JUSTIFICATION: NYSED published the New York High Performance Schools Guidelines (NY-CHPS) in 2007 as a voluntary Appendix to the NYSED Manual of Planning Standards. NYSERDA provides the NY-CHPS Verification Program offering no-cost, third party verification of compliance with NY-CHPS as well as support and training programs for districts, professional design teams and contractors.

Research has found that schools can be built and renovated using high-performance methods that save money, improve school performance and make teachers, staff, and students more productive. High performance school buildings are proven to increase student test scores, reduce worker absenteeism, improve teacher and staff retention and cut energy and utility costs. Several states already have policies that require green building practices for public schools, including, California, New Jersey, Ohio and Washington. Green buildings use resources, including energy, water, materials and land more efficiently and effectively and provide healthier environments for working, learning and living. Green buildings minimize the negative

environmental consequences by lessening changes to the natural environment; using recycled or recyclable material; incorporating renewable and energy efficient power generation systems; using water resources more efficiently and producing less waste. Green school buildings provide employees and students with a healthier indoor work environment by effectively controlling air ventilation systems and using alternative paints, finishes, adhesives, furniture, and fabrics that do not negatively affect air quality, By building green, school districts can save money by reducing maintenance costs and create sustainable buildings, which would foster new developments in green technologies.

New York was among the first states in the nation to offer a tax incentive program for the developers and builders of environmentally friendly buildings. New York has signed into law measures intended to encourage building owners and developers to design, construct and operate buildings that are more in harmony with the environment. The purpose of this act is to implement the development of high performance green school buildings by the State's school districts.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: This act shall take effect 365 days after enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 5113--A 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________
Introduced by Sens. LATIMER, TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to establishing the green schools New York act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "green schools New York act". S 2. Subdivision 3 of section 408 of the education law, as amended by section 2 of part A-1 of chapter 58 of the laws of 2006, is amended and a new subdivision 3-a is added to read as follows: 3. The commissioner shall approve the plans and specifications, here- tofore 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, accessibility; soil conditions; 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.]
3-A. IN DEVELOPING SUCH PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF NEW SCHOOLS OR THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING SCHOOL, SCHOOL DISTRICTS SHALL BE REQUIRED TO COMPLY WITH THE CURRENT NY - CHPS CRITERIA ESTABLISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS - APPENDIX: NY - CHPS HIGH PERFORMANCE SCHOOLS GUIDELINES. S 3. Subdivision 1 of section 408-a of the education law, as amended by chapter 420 of the laws of 1968, is amended to read as follows: 1. The commissioner [of general services], after consultation with the [commissioner of education] NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY and subject to the approval of the director of the budg- et, shall promptly prepare or acquire as many master sets of complete plans and specifications for the construction of new school buildings and appurtenant facilities as shall be sufficient to provide at least six different master sets each for elementary, junior high and high schools, based on the number of pupils to be accommodated therein. Such plans and specifications shall be prepared so as to provide adequate classrooms and other necessary space and facilities at the lowest cost consistent with sound construction principles and practices, and the attainment of educational objectives, and shall provide for heating, ventilation, lighting, sanitation and health, fire and accident protection adequate to maintain healthful, safe, and comfortable condi- tions therein. Such plans and specifications shall be so prepared that any possible future addition to any such school building may be econom- ically effectuated. SUCH PLANS SHALL COMPLY WITH THE CRITERIA ESTAB- LISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS - APPENDIX: NY - CHPS HIGH PERFORMANCE SCHOOLS GUIDELINES. In addition, the commissioner [of general services] shall, as often as he OR SHE deems advisable but at least annually, review such master sets and, after consultation with the [commissioner of education] NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, and subject to approval of the director of the budget, may revise or cancel any of such sets or prepare new sets. S 4. This act shall take effect on the three hundred sixty-fifth day after it shall have become a law; provided however that effective imme- diately, the department of education is authorized to promulgate, amend or repeal any rule or regulation which it deems necessary or appropriate to implement this act.

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