Requires notification procedures to be established requiring notice to be given prior to certain construction projects in school buildings or a district leasing school property.
STATE OF NEW YORK
________________________________________________________________________
4269
2015-2016 Regular Sessions
IN ASSEMBLY
January 30, 2015
___________
Introduced by M. of A. AUBRY, NOLAN -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring notification
procedures to be established requiring notice to be given prior to
certain construction projects in school buildings or a district leas-
ing school property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 421 to
2 read as follows:
3 § 421. Pre-construction notification of certain construction projects.
4 1. The New York City department of education or the chancellor of the
5 city school district of the city of New York shall establish notifica-
6 tion procedures in advance of a construction project of ten thousand
7 dollars or more to be conducted in a school building in a city with a
8 population of one million or more, whether the building is owned or
9 leased by the school district, or of the district leasing school proper-
10 ty.
11 2. The notification procedures required to be established pursuant to
12 subdivision one of this section shall require notice to be provided to
13 parents of students who use or are expected to use the school building
14 where construction will occur, residents of the community where the
15 school building is located, elected officials of the school district,
16 state and local elected officials representing the district in which the
17 school building is located and community boards in the school district;
18 provided, however, that where construction is to be entirely internal
19 and is not determined to constitute significant reconstruction or reno-
20 vation of existing buildings, notification need only be provided to
21 school personnel, parents, and students. Such notice requirement may be
22 met by publication in district newsletters, direct mailings, or holding
23 a public hearing on the project to inform parents, students, school
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07713-01-5
A. 4269 2
1 personnel and community members; provided, however, that notification
2 shall be provided to elected officials and members of community boards
3 directly, by mail or by email.
4 3. Such notification procedures shall provide notice at least two
5 months prior to the date on which construction is scheduled to begin,
6 provided that in the case of emergency construction projects, such
7 notice shall be provided as far in advance of the start of construction
8 as is practicable.
9 4. Such notice shall include information on the district's obligations
10 under this section to provide a safe school environment during
11 construction projects. If any hazardous materials are present at the
12 construction site, especially or most importantly asbestos and PCBs
13 (polychlorinated biphenyl), notification of the presence of such hazard-
14 ous materials shall be provided to the state department of environmental
15 conservation, state and local elected officials, community boards, and
16 residents of property adjacent to or in close proximity of the property
17 containing the hazardous materials. Such notification shall explicitly
18 state which hazardous materials are expected to be present, the antic-
19 ipated start and end dates of the construction project, and the hours
20 during which construction is expected to take place.
21 § 2. This act shall take effect immediately.
