Amd SS408, 409-d & 409-e, Ed L; add S3-0319, En Con L; add S201-a, Pub Health L
Adds a list of items, including certain quality air conditioning systems, to the requirements for approval of new, leased or remodeled school buildings with respect to health and safety, including environmental health and safety; requires departments of health and environmental conservation to report to the education department and school districts information on environmental hazards relevant to school buildings.
STATE OF NEW YORK
________________________________________________________________________
2480
2013-2014 Regular Sessions
IN ASSEMBLY
January 15, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, GALEF -- Multi-Sponsored by -- M. of
A. CAHILL, COLTON -- read once and referred to the Committee on Educa-
tion
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:
1 Section 1. Legislative intent. The legislature finds and declares that
2 it shall be the policy of the state of New York to provide every child
3 with an environmentally safe and healthy learning environment in which
4 to grow, learn and mature into productive and healthy adults. To ensure
5 that schools provide this setting for our children, the legislature
6 finds that standards for school buildings being purchased, remodeled or
7 built must be protective of children's environmental health and safety.
8 Children are uniquely vulnerable to and may be severely affected by
9 exposure to chemicals, hazardous wastes and other environmental hazards,
10 which affect their learning abilities as well as create chemical-based
11 responses and sensitivities. It is the purpose of this legislation to
12 reduce as much as possible such exposures for children and school staff.
13 § 2. Subdivisions 2 and 3 of section 408 of the education law, subdi-
14 vision 2 as amended by chapter 414 of the laws of 1972 and subdivision 3
15 as amended by section 2 of part A1 of chapter 58 of the laws of 2006,
16 are amended to read as follows:
17 2. The commissioner [of education] shall not approve the plans for the
18 erection, lease or purchase of any school building or addition thereto
19 or remodeling thereof unless the same shall provide for the following
20 where applicable: heating, ventilation, and air conditioning systems
21 constructed, maintained or upgraded to meet currently accepted industry
22 ventilation standards; placement of air intake vents so as to maximize
23 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.
LBD05876-01-3
A. 2480 2
1 and conditions favorable to pest populations; construction techniques
2 and ventilation systems designed to control radon levels in indoor air;
3 lighting[,]; sanitation[,]; storm drainage and health, fire and accident
4 protection adequate to maintain healthful, safe and comfortable condi-
5 tions therein and unless the county superintendent of highways or
6 commissioner of public works has been advised of the location of all
7 temporary and permanent entrances and exits upon all public highways and
8 the storm drainage plan which is to be used.
9 3. (a) The commissioner shall approve the plans and specifications,
10 heretofore or hereafter submitted pursuant to this section, for the
11 erection or purchase of any school building or addition thereto or
12 remodeling thereof on the site or sites selected therefor pursuant to
13 this chapter, if such plans conform to the requirements and provisions
14 of this chapter and the regulations of the commissioner adopted pursuant
15 to this chapter in all other respects; provided, however, that the
16 commissioner [of education] shall not approve the plans for the erection
17 or purchase of any school building or addition thereto unless the site
18 has been selected with reasonable consideration of the following
19 factors; its place in a comprehensive, long-term school building
20 program; area required for outdoor educational activities; educational
21 adaptability, environment, and accessibility; soil conditions; and
22 initial and ultimate cost. In developing such plans and specifications,
23 school districts are encouraged to review the energy conservation and
24 saving best practices available from the department and the New York
25 state energy research and development authority.
26 (b) Such plans shall demonstrate that the school district has in its
27 selection of the site or sites for the erection, lease or purchase of
28 any school building or addition thereto or remodeling thereof taken into
29 consideration the proximity of such site or sites to existing and known
30 environmental hazards, including industrial facilities, combustion
31 facilities, inactive hazardous waste sites, and municipal landfills, and
32 other environmental hazards as determined by the departments of environ-
33 mental conservation and health, and avoidance of such where prudent.
34 § 3. Section 408 of the education law is amended by adding a new
35 subdivision 7 to read as follows:
36 7. Notwithstanding the requirements of this section, the provisions of
37 subdivisions two and three of this section shall apply to all school
38 districts, including city school districts, regardless of population and
39 boards of cooperative educational services.
40 § 4. Subdivision 1 of section 409-d of the education law, as added by
41 section 1 of part B of chapter 56 of the laws of 1998, is amended to
42 read as follows:
43 1. Program establishment. The commissioner is authorized and directed
44 to establish, develop and monitor a comprehensive public school building
45 safety program which shall include a uniform inspection, safety rating
46 and monitoring system. Such program shall require the annual inspection
47 of all public school buildings throughout New York state; establish a
48 safety rating system for such school buildings to assess the need for
49 maintenance, repairs, rehabilitation, reconstruction, construction and
50 other improvements related to the structural integrity and overall safe-
51 ty of public school buildings including but not limited to building
52 systems related to electrical, plumbing, heating, ventilation, and air
53 conditioning, sanitation and health, environmental health and safety,
54 fire and accident protection; and require that such ratings be used for
55 the purpose of developing a buildings condition survey as required
56 pursuant to subdivision four of section thirty-six hundred forty-one of
A. 2480 3
1 this chapter and a five year capital facilities plan as required pursu-
2 ant to [clause (i) of subparagraph two of paragraph b of] subdivision
3 six of section thirty-six hundred two of this chapter.
4 § 5. Subdivision 3 of section 409-e of the education law, as added by
5 section 1 of part B of chapter 56 of the laws of 1998, is amended to
6 read as follows:
7 3. Safety rating system. The commissioner shall develop pursuant to
8 regulations a safety rating system to be used by all school districts
9 and boards of cooperative educational services keyed to the structural
10 integrity and overall safety of the building and shall be developed
11 using data obtained from the building's annual inspection as required by
12 this article. Such safety rating system shall identify and assess the
13 condition of every major system component of every school building
14 including interior structures; building systems such as heating, venti-
15 lation, plumbing and electrical systems; exterior structures including
16 but not limited to roofs, masonry, stairs, and chimneys; and develop a
17 system which rates each building component based on at least the follow-
18 ing factors: overall safety including environmental health and safety;
19 structural integrity; probable useful life; need for repair or replace-
20 ment; and maintenance. Such safety rating shall include mechanisms which
21 facilitate more frequent inspections and repairs as determined necessary
22 to protect the welfare and safety of students and staff residing in such
23 school buildings. This information shall be used for purposes of devel-
24 oping a buildings condition survey as required pursuant to section thir-
25 ty-six hundred forty-one of this chapter and a five year capital facili-
26 ties plan as required pursuant to [clause (i) of subparagraph two of
27 paragraph (b) of] subdivision six of section thirty-six hundred two of
28 this chapter.
29 § 6. The environmental conservation law is amended by adding a new
30 section 3-0319 to read as follows:
31 § 3-0319. Information for education department and school districts.
32 Pursuant to subdivision three of section four hundred eight of the
33 education law, the department shall annually provide all necessary
34 information to the education department, regarding existing and known
35 locations of industrial facilities, combustion facilities, inactive
36 hazardous waste sites, municipal landfills, and other environmental
37 hazards. Whenever school districts request this information from the
38 department, such information shall be provided within thirty days of
39 receipt of such request.
40 § 7. The public health law is amended by adding a new section 201-a to
41 read as follows:
42 § 201-a. Information for education department and school districts.
43 Pursuant to subdivision three of section four hundred eight of the
44 education law, the department shall annually provide all necessary
45 information to the education department, regarding existing and known
46 locations of environmental hazards such as radon, lead, and other toxic
47 contaminants. Whenever school districts request this information from
48 the department, such information shall be provided within thirty days of
49 receipt of such request.
50 § 8. This act shall take effect on the sixtieth day after it shall
51 have become a law.
