Bill S536A-2011

Relates to the applicability of noise ordinances on school construction work sites

Provides that the education department shall set guidelines relating to noise and work hours on school construction sites.

Details

Actions

  • Jan 4, 2012: REFERRED TO EDUCATION
  • Mar 3, 2011: PRINT NUMBER 536A
  • Mar 3, 2011: AMEND AND RECOMMIT TO EDUCATION
  • Jan 5, 2011: REFERRED TO EDUCATION

Memo

BILL NUMBER:S536A

TITLE OF BILL:

An act to amend the education law, in relation to the applicability of noise ordinances on school construction work sites

PURPOSE:

This bill will provide guidelines for school construction that recognize the rights of residents to have peace and quiet during nighttime hours while ensuring that important construction that benefits the school district is completed in a timely manner.

SUMMARY OF PROVISIONS:

This bill adds a new §408-C to the education law related to school construction.

Section one requires that the State Department of Education issue guidelines for noise levels and hours of work for public and private school construction. It requires that those guidelines specify work hours as being between 7am and 7pm, and that recommended noise levels be consistent with mandates issued by the state Department of Education for construction done during school hours.

Section two specifies the Department make known the process for filing complaints about noise levels in excess of or work hours outside of those recommended in the guidelines.

Section three exempts the State Department from routine enforcement of the guidelines, but commits the agency to working to resolve disputes raised through its complaint process.

The amendment to this bill simply replaces the word "regulation" with the word "guidelines".

JUSTIFICATION:

School construction is important to ensure students in our communities across the state learn in a safe and hospitable environment that maximizes student learning. However, school construction should be completed in a manner that recognizes residents' inherent right to the quiet enjoyment of their property during late evening and nighttime hours.

Because school construction projects are exempted from local laws and ordinances, it is reasonable to require the State Department of Education to issue guidelines regarding noise levels and work hours.

LEGISLATIVE HISTORY:

2010 - S.1847 - REFERRED TO EDUCATION 2008 - S.8771 - REFERRED TO RULES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 536--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KLEIN, DIAZ, HASSELL-THOMPSON, HUNTLEY, SAMPSON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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.

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