S T A T E   O F   N E W   Y O R K
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                                  1706

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, KOON, EDDINGTON, GALEF -- Multi-
  Sponsored by -- M. of A.  CAHILL, COLTON, JOHN, McENENY, TOWNS -- read
  once and referred to the Committee on Education

AN ACT to amend the education law, the  environmental  conservation  law
  and  the public health law, in relation to plans and specifications of
  school buildings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds and declares that
it  shall  be the policy of the state of New York to provide every child
with an environmentally safe and healthy learning environment  in  which
to  grow, learn and mature into productive and healthy adults. To ensure
that schools provide this setting  for  our  children,  the  legislature
finds  that standards for school buildings being purchased, remodeled or
built must be protective of children's environmental health and  safety.
Children  are  uniquely  vulnerable  to  and may be severely affected by
exposure to chemicals, hazardous wastes and other environmental hazards,
which affect their learning abilities as well as  create  chemical-based
responses  and  sensitivities.  It is the purpose of this legislation to
reduce as much as possible such exposures for children and school staff.
  S 2. Subdivisions 2 and 3 of section 408 of the education law,  subdi-
vision 2 as amended by chapter 414 of the laws of 1972 and subdivision 3
as  amended  by  section 2 of part A1 of chapter 58 of the laws of 2006,
are amended to read as follows:
  2. The commissioner [of education] shall not approve the plans for the
erection, LEASE or purchase of any school building or  addition  thereto
or  remodeling  thereof  unless the same shall provide for THE FOLLOWING
WHERE APPLICABLE: heating, ventilation,  AND  AIR  CONDITIONING  SYSTEMS
CONSTRUCTED,  MAINTAINED OR UPGRADED TO MEET CURRENTLY ACCEPTED INDUSTRY
VENTILATION STANDARDS; PLACEMENT OF AIR INTAKE VENTS SO AS  TO  MAXIMIZE
HEALTHFUL  INDOOR AIR QUALITY; DESIGN PRACTICES THAT MINIMIZE INGRESS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05102-01-9
              

A. 1706                             2

AND CONDITIONS FAVORABLE TO PEST  POPULATIONS;  CONSTRUCTION  TECHNIQUES
AND  VENTILATION SYSTEMS DESIGNED TO CONTROL RADON LEVELS IN INDOOR AIR;
lighting[,]; sanitation[,]; storm drainage and health, fire and accident
protection  adequate  to maintain healthful, safe and comfortable condi-
tions therein and  unless  the  county  superintendent  of  highways  or
commissioner  of  public  works  has been advised of the location of all
temporary and permanent entrances and exits upon all public highways and
the storm drainage plan which is to be used.
  3. (A) The commissioner shall approve the  plans  and  specifications,
heretofore  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,  AND  accessibility;  soil  conditions;  AND
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.
  (B) SUCH PLANS SHALL DEMONSTRATE THAT THE SCHOOL DISTRICT HAS  IN  ITS
SELECTION  OF  THE  SITE OR SITES FOR THE ERECTION, LEASE OR PURCHASE OF
ANY SCHOOL BUILDING OR ADDITION THERETO OR REMODELING THEREOF TAKEN INTO
CONSIDERATION THE PROXIMITY OF SUCH SITE OR SITES TO EXISTING AND  KNOWN
ENVIRONMENTAL   HAZARDS,  INCLUDING  INDUSTRIAL  FACILITIES,  COMBUSTION
FACILITIES, INACTIVE HAZARDOUS WASTE SITES, AND MUNICIPAL LANDFILLS, AND
OTHER ENVIRONMENTAL HAZARDS AS DETERMINED BY THE DEPARTMENTS OF ENVIRON-
MENTAL CONSERVATION AND HEALTH, AND AVOIDANCE OF SUCH WHERE PRUDENT.
  S 3. Section 408 of the education law  is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7. NOTWITHSTANDING THE REQUIREMENTS OF THIS SECTION, THE PROVISIONS OF
SUBDIVISIONS  TWO  AND  THREE  OF THIS SECTION SHALL APPLY TO ALL SCHOOL
DISTRICTS, INCLUDING CITY SCHOOL DISTRICTS, REGARDLESS OF POPULATION AND
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
  S 4. Subdivision 1 of section 409-d of the education law, as added  by
section  1  of  part  B of chapter 56 of the laws of 1998, is amended to
read as follows:
  1. Program establishment. The commissioner is authorized and  directed
to establish, develop and monitor a comprehensive public school building
safety  program  which shall include a uniform inspection, safety rating
and monitoring system. Such program shall require the annual  inspection
of  all  public  school buildings throughout New York state; establish a
safety rating system for such school buildings to assess  the  need  for
maintenance,  repairs,  rehabilitation, reconstruction, construction and
other improvements related to the structural integrity and overall safe-
ty of public school buildings including  but  not  limited  to  building
systems  related  to electrical, plumbing, heating, ventilation, and air
conditioning, sanitation and health, ENVIRONMENTAL  HEALTH  AND  SAFETY,
fire  and accident protection; and require that such ratings be used for
the purpose of developing  a  buildings  condition  survey  as  required
pursuant  to subdivision four of section thirty-six hundred forty-one of

A. 1706                             3

this chapter and a five year CAPITAL facilities plan as required  pursu-
ant  to  [clause  (i) of subparagraph two of paragraph b of] subdivision
six of section thirty-six hundred two of this chapter.
  S  5. Subdivision 3 of section 409-e of the education law, as added by
section 1 of part B of chapter 56 of the laws of  1998,  is  amended  to
read as follows:
  3.  Safety  rating  system. The commissioner shall develop pursuant to
regulations a safety rating system to be used by  all  school  districts
and  boards  of cooperative educational services keyed to the structural
integrity and overall safety of the  building  and  shall  be  developed
using data obtained from the building's annual inspection as required by
this  article.  Such  safety rating system shall identify and assess the
condition of every major  system  component  of  every  school  building
including  interior structures; building systems such as heating, venti-
lation, plumbing and electrical systems; exterior  structures  including
but  not  limited to roofs, masonry, stairs, and chimneys; and develop a
system which rates each building component based on at least the follow-
ing factors: overall safety INCLUDING ENVIRONMENTAL HEALTH  AND  SAFETY;
structural  integrity; probable useful life; need for repair or replace-
ment; and maintenance. Such safety rating shall include mechanisms which
facilitate more frequent inspections and repairs as determined necessary
to protect the welfare and safety of students and staff residing in such
school buildings. This information shall be used for purposes of  devel-
oping a buildings condition survey as required pursuant to section thir-
ty-six hundred forty-one of this chapter and a five year CAPITAL facili-
ties  plan  as  required  pursuant to [clause (i) of subparagraph two of
paragraph (b) of] subdivision six of section thirty-six hundred  two  of
this chapter.
  S  6.  The  environmental  conservation law is amended by adding a new
section 3-0319 to read as follows:
S 3-0319. INFORMATION FOR EDUCATION DEPARTMENT AND SCHOOL DISTRICTS.
   PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED  EIGHT  OF  THE
EDUCATION  LAW,  THE  DEPARTMENT  SHALL  ANNUALLY  PROVIDE ALL NECESSARY
INFORMATION TO THE EDUCATION DEPARTMENT, REGARDING  EXISTING  AND  KNOWN
LOCATIONS  OF  INDUSTRIAL  FACILITIES,  COMBUSTION  FACILITIES, INACTIVE
HAZARDOUS WASTE SITES,  MUNICIPAL  LANDFILLS,  AND  OTHER  ENVIRONMENTAL
HAZARDS.  WHENEVER  SCHOOL  DISTRICTS  REQUEST THIS INFORMATION FROM THE
DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED  WITHIN  THIRTY  DAYS  OF
RECEIPT OF SUCH REQUEST.
  S 7. The public health law is amended by adding a new section 201-a to
read as follows:
  S  201-A.  INFORMATION  FOR EDUCATION DEPARTMENT AND SCHOOL DISTRICTS.
PURSUANT TO SUBDIVISION THREE OF  SECTION  FOUR  HUNDRED  EIGHT  OF  THE
EDUCATION  LAW,  THE  DEPARTMENT  SHALL  ANNUALLY  PROVIDE ALL NECESSARY
INFORMATION TO THE EDUCATION DEPARTMENT, REGARDING  EXISTING  AND  KNOWN
LOCATIONS  OF ENVIRONMENTAL HAZARDS SUCH AS RADON, LEAD, AND OTHER TOXIC
CONTAMINANTS. WHENEVER SCHOOL DISTRICTS REQUEST  THIS  INFORMATION  FROM
THE DEPARTMENT, SUCH INFORMATION SHALL BE PROVIDED WITHIN THIRTY DAYS OF
RECEIPT OF SUCH REQUEST.
  S  8.  This  act  shall take effect on the sixtieth day after it shall
have become a law.