A01765 Summary:

BILL NOA01765
 
SAME ASSAME AS S04766
 
SPONSOREnglebright (MS)
 
COSPNSRGalef, Perry, Brindisi
 
MLTSPNSRCahill, Clark, Colton, Hooper
 
Amd SS408 & 408-a, Ed L
 
Requires the plans and specifications for the siting, erection, purchase, repair, enlargement or remodeling of school buildings in every school district to be subject to the approval of the commissioner of education for a determination that such plans and specifications are consistent with the standards for "green buildings" and for healthy and high performance schools.
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A01765 Actions:

BILL NOA01765
 
01/09/2013referred to education
01/08/2014referred to education
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A01765 Floor Votes:

There are no votes for this bill in this legislative session.
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A01765 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1765
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of  A. ENGLEBRIGHT, GALEF, PERRY, BRINDISI -- Multi-
          Sponsored by -- M. of A.  CAHILL, CLARK, COLTON, HOOPER --  read  once
          and referred to the Committee on Education
 
        AN  ACT  to  amend  the education law, in relation to requiring that the

          siting, erection, purchase,  repair,  enlargement  and  remodeling  of
          school buildings meet the requirements of healthy and high performance
          schools
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 408 of the education law, subdivisions 1 and 2  as
     2  amended  by  chapter  414  of the laws of 1972, the opening paragraph of
     3  subdivision 1 as amended by chapter 315 of the laws of 1990, subdivision
     4  3 as amended by section 2 of part A-1 of chapter 58 of the laws of 2006,
     5  subdivision 4 as amended by chapter 801 of the laws of 1951 and subdivi-
     6  sion 6 as amended by chapter 385 of the laws  of  1994  and  as  further
     7  amended  by  subdivision (d) of section 1 of part W of chapter 56 of the
     8  laws of 2010, is amended to read as follows:

     9    § 408. [Plans] Approval of plans and specifications of  school  build-
    10  ings  [must  be approved by commissioner of education].  1. The legisla-
    11  ture hereby declares it to be the policy of the  state  to  require  the
    12  siting, construction, rehabilitation and maintenance of healthy and high
    13  performance school buildings in this state in such a manner as to:
    14    a.   promote   better   environmental   standards   for   the  siting,
    15  construction, rehabilitation and maintenance of school buildings in  the
    16  state;
    17    b. improve energy efficiency and increase generation of energy through
    18  renewable and clean energy technologies;
    19    c. increase the demand for environmentally preferable building materi-

    20  als, finishes and furnishings;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05711-01-3

        A. 1765                             2
 
     1    d.  improve  the environment by decreasing the discharge of pollutants
     2  into and from school buildings;
     3    e.  create  industry and public awareness of new technologies that can
     4  assure that all schools are healthy and high performance; and
     5    f. improve the health  and  productivity  of  students,  teachers  and
     6  school employees.
     7    In  order  to facilitate such policies, the legislature hereby directs

     8  school districts to site, construct, rehabilitate  and  maintain  school
     9  buildings in accordance with such policies.
    10    2.  No  [schoolhouse]  school  building  shall  [hereafter]  be sited,
    11  erected, purchased, repaired, enlarged or remodeled nor shall the adver-
    12  tisement for bids for the execution of the plans and specifications  for
    13  such  [schoolhouses]  school buildings be placed, in any school district
    14  [except in a city school district in  a  city  having  seventy  thousand
    15  inhabitants  or more, at an expense which shall exceed one hundred thou-
    16  sand dollars,] until  the  plans  and  specifications  shall  have  been
    17  submitted  to  the  commissioner  [of education] and his or her approval

    18  endorsed thereon. Such plans and specifications shall show in detail the
    19  ventilation, heating and lighting  of  such  buildings,  and  any  other
    20  details the commissioner shall determine to be necessary.
    21    In  the  case  of  a school district in a city having seventy thousand
    22  inhabitants or more, all the provisions previously  set  forth  in  this
    23  subdivision  shall  apply,  except  that  the commissioner may waive the
    24  requirement for submission of plans and  specifications  and  substitute
    25  therefor  the requirement for submission of an outline of such plans and
    26  specifications for his or her review. Such outline shall be  in  a  form
    27  which he or she may prescribe from time to time.
    28    [In either case, the commissioner may, in his discretion, review plans

    29  and specifications for projects estimated at an expense of less than one
    30  hundred thousand dollars.]
    31    In  the  case of a school district in a city having a million inhabit-
    32  ants or more, all of the provisions previously set forth in this  subdi-
    33  vision  shall  apply,  except  that  such  school district shall only be
    34  required to submit an outline of the plans  and  specifications  to  the
    35  commissioner  [of  education] for his or her information where a school-
    36  house is to be erected in conjunction with the development of a  project
    37  to  be  developed  under  the  provisions  of article two or five of the
    38  private housing finance law and where both the school  and  the  project
    39  are  to  have  rights  or  interests in the same land, regardless of the
    40  similarity or equality  thereof,  including  fee  interests,  easements,

    41  space  rights or other rights or interests.  Notwithstanding the forego-
    42  ing provisions of this  paragraph,  every  such  school  building  shall
    43  comply  with  the  requirements for green buildings and healthy and high
    44  performance schools as defined in subdivision four of this section.
    45    [2] 3.  The commissioner [of education] shall not  approve  the  plans
    46  for  the erection or purchase of any school building or addition thereto
    47  or remodeling thereof unless the same shall provide for [heating, venti-
    48  lation, lighting,] sanitation, storm drainage and health, fire and acci-
    49  dent protection adequate to maintain  healthful,  safe  and  comfortable
    50  conditions  therein  and unless the county superintendent of highways or

    51  commissioner of public works has been advised of  the  location  of  all
    52  temporary and permanent entrances and exits upon all public highways and
    53  the storm drainage plan which is to be used.
    54    [3]  4.    The commissioner shall not approve the plans and specifica-
    55  tions, [heretofore or hereafter] submitted pursuant to this section, for
    56  the erection or purchase of any school building or addition  thereto  or

        A. 1765                             3
 
     1  remodeling  thereof  on  the site or sites selected therefor pursuant to
     2  this chapter, [if] unless such plans conform  to  the  requirements  and
     3  provisions  [of  this  chapter  and  the regulations of the commissioner
     4  adopted pursuant to this chapter in all other respects; provided, howev-

     5  er,  that]  for green buildings, as defined in paragraph ten of subdivi-
     6  sion (b) of section nineteen of the tax law, and  any  rules  and  regu-
     7  lations adopted pursuant thereto, and to the requirements and provisions
     8  for  healthy  and high performance schools as established in subdivision
     9  one of this section, and any rules, regulations,  standards  and  guide-
    10  lines adopted pursuant thereto. Furthermore, the commissioner [of educa-
    11  tion], in consultation with the commissioners of environmental conserva-
    12  tion  and  health,  shall  not  approve  the  plans  for the erection or
    13  purchase of any school building or addition thereto unless the site  has
    14  been  selected  with  reasonable consideration of the following factors;

    15  its place in a comprehensive, long-term school  building  program;  area
    16  required  for  outdoor educational activities; educational adaptability,
    17  environment, accessibility; proximity to known environmental and  public
    18  risk  factors; soil conditions; initial and ultimate cost. In developing
    19  such plans and specifications, school districts are encouraged to review
    20  the energy conservation and saving best  practices  available  from  the
    21  department  and  the  New  York  state  energy  research and development
    22  authority.  Notwithstanding any other provision of law to the  contrary,
    23  the  enforcement  of  the provisions of this subdivision shall be within
    24  the sole jurisdiction and at the sole discretion of the department.
    25    [4] 5. No funds voted by a district meeting or other competent author-

    26  ity in any school district [to which the provisions of  subdivision  one
    27  of  this section are applicable, exceeding the amounts specified in such
    28  subdivision,] shall be expended by the trustees or  board  of  education
    29  until  the  commissioner [of education] shall certify that the plans and
    30  specifications for the same comply with the provisions of this section.
    31    [5] 6. In a city having a population  of  one  million  or  more,  all
    32  designing,  draughting  and  inspecting necessary in connection with the
    33  construction, additions to, alterations and maintenance of  [schoolhous-
    34  es]  school  buildings  shall  be  performed by a bureau established and
    35  maintained for this purpose under the board of education.  The  work  of

    36  this bureau shall be performed by civil service employees in the classi-
    37  fied  civil  service under the direction of the superintendent of school
    38  buildings, design and construction, except that repairs, betterment  and
    39  maintenance  of  heating and ventilating plants and equipment, elevators
    40  and mechanical equipment shall remain under the direction of the  super-
    41  intendent  of  plant  operation  and maintenance. In a special case upon
    42  approval of  the  board  of  estimate,  such  designing,  draughting  or
    43  inspecting may be otherwise performed.
    44    [6.]  7.  The  commissioner  [may],  in consultation with the New York
    45  state energy research and development authority, shall promulgate  regu-
    46  lations  relating  to  the  purchase  and  renovation of existing school

    47  buildings. Such regulations shall  provide  for  an  appraisal  of  such
    48  buildings as school buildings and the land on which they are situated as
    49  school sites by the commissioner of taxation and finance, such estimates
    50  of  the  cost of renovation and construction as may be necessary to meet
    51  the requirements of subdivision one of this section and  limitations  on
    52  the cost of acquisition and renovation, in taking into consideration the
    53  age  and  condition of such existing buildings, in relation to the esti-
    54  mated cost of constructing a new building containing comparable  facili-
    55  ties.  [Such  regulations  may  also  require  the prior approval of the

        A. 1765                             4

     1  commissioner of any renovations proposed to be  made  to  such  existing

     2  school buildings.]
     3    §  2.  Subdivision 1 of section 408-a of the education law, as amended
     4  by chapter 420 of the laws of 1968, is amended to read as follows:
     5    1. The commissioner of general services, after consultation  with  the
     6  commissioner [of education], and subject to the approval of the director
     7  of  the  budget,  and  in  accordance with the standards established for
     8  green buildings, as defined in  paragraph  ten  of  subdivision  (b)  of
     9  section  nineteen  of  the tax law, and the standards and guidelines for
    10  healthy and high performance schools established by subdivision  one  of
    11  section  four  hundred  eight of this article, shall promptly prepare or
    12  acquire as many master sets of complete plans and specifications for the

    13  construction of new school buildings and appurtenant facilities as shall
    14  be sufficient to provide at least six different  master  sets  each  for
    15  elementary,  junior high and high schools, based on the number of pupils
    16  to be accommodated therein. [Such  plans  and  specifications  shall  be
    17  prepared  so as to provide adequate classrooms and other necessary space
    18  and facilities at the lowest cost  consistent  with  sound  construction
    19  principles  and practices, and the attainment of educational objectives,
    20  and shall provide for heating,  ventilation,  lighting,  sanitation  and
    21  health,  fire  and  accident  protection adequate to maintain healthful,
    22  safe, and comfortable conditions therein. Such plans and  specifications

    23  shall  be  so  prepared  that  any  possible future addition to any such
    24  school building may  be  economically  effectuated.]  In  addition,  the
    25  commissioner  of  general  services  shall,  as often as he or she deems
    26  advisable but at least annually, review  such  master  sets  and,  after
    27  consultation  with  the  commissioner  [of  education],  and  subject to
    28  approval of the director of the budget, may revise or cancel any of such
    29  sets or prepare new sets.
    30    § 3. This act shall take effect immediately, except that  section  one
    31  of this act shall take effect on the first of August next succeeding the
    32  date on which it shall have become a law and such section shall apply to
    33  school buildings sited, erected, purchased, repaired, enlarged or remod-
    34  eled on or after such date.
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