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

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S536A-2011 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

S536A-2011 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.

S536A-2011 Text

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

                                   536--A

                         2011-2012 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04355-02-1