STATE OF NEW YORK
________________________________________________________________________
6641--A
2009-2010 Regular Sessions
IN ASSEMBLY
March 11, 2009
___________
Introduced by M. of A. LUPARDO, CAHILL, DESTITO, GOTTFRIED, BRADLEY,
PAULIN, ROSENTHAL, LANCMAN, KELLNER, BOYLAND, JAFFEE, MILLMAN,
DelMONTE, CASTRO, SPANO, SCHROEDER, SCHIMEL, ROBINSON, LATIMER, ORTIZ,
GALEF -- Multi-Sponsored by -- M. of A. BING, COOK, EDDINGTON, GLICK,
KOON, MAISEL, McENENY, PHEFFER, TITONE -- read once and referred to
the Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to establishing the state
green school construction act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 408 of the education law, as
2 amended by section 2 of part A-1 of section 58 of the laws of 2006, is
3 amended and a new subdivision 3-a is added to read as follows:
4 3. The commissioner shall approve the plans and specifications, here-
5 tofore or hereafter submitted pursuant to this section, for the erection
6 or purchase of any school building or addition thereto or remodeling
7 thereof on the site or sites selected therefor pursuant to this chapter,
8 if such plans conform to the requirements and provisions of this chapter
9 and the regulations of the commissioner adopted pursuant to this chapter
10 in all other respects; provided, however, that the commissioner of
11 education shall not approve the plans for the erection or purchase of
12 any school building or addition thereto unless the site has been
13 selected with reasonable consideration of the following factors; its
14 place in a comprehensive, long-term school building program; area
15 required for outdoor educational activities; educational adaptability,
16 environment, accessibility; soil conditions; initial and ultimate cost.
17 [In developing such plans and specifications, school districts are
18 encouraged to review the energy conservation and saving best practices
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08772-03-9
A. 6641--A 2
1 available from the department and the New York state energy research and
2 development authority.]
3 3-a. In developing such plans and specifications, school districts
4 shall be required to comply with the energy conservation and saving best
5 practices available from the department and the New York state energy
6 research and development authority, except in the following circum-
7 stances:
8 (a) an existing school building that has an historic status pursuant
9 to federal, state or local law and compliance with construction require-
10 ments and procedures established pursuant to this article would alter
11 the historic character of such school building;
12 (b) in the case of a substantial renovation, compliance with
13 construction requirements and procedures established pursuant to this
14 article would not be cost effective over the useful life of such reno-
15 vation as determined pursuant to regulations promulgated pursuant to
16 this article;
17 (c) compliance with this article or with construction requirements and
18 procedures established pursuant to this article would be inconsistent
19 with or violate federal or state law;
20 (d) such other circumstances as the department may reasonably deter-
21 mine to not be appropriate for the application of the construction
22 requirements and procedures adopted pursuant to this article; or
23 (e) the design or planning process for such new construction or
24 substantial renovation has substantially commenced, as defined by the
25 office in regulations, as of the effective date of the regulations
26 promulgated by the office pursuant to this article; provided however,
27 that whenever subdivision one, two, three or four of this section
28 applies, the construction requirements and procedures shall be inte-
29 grated into the design and construction of the project to the maximum
30 extent practicable.
31 § 2. Subdivision 1 of section 408-a of the education law, as amended
32 by chapter 420 of the laws of 1968, is amended to read as follows:
33 1. The commissioner of general services, after consultation with the
34 commissioner of education and subject to the approval of the director of
35 the budget, shall promptly prepare or acquire as many master sets of
36 complete plans and specifications for the construction of new school
37 buildings and appurtenant facilities as shall be sufficient to provide
38 at least six different master sets each for elementary, junior high and
39 high schools, based on the number of pupils to be accommodated therein.
40 Such plans and specifications shall be prepared so as to provide
41 adequate classrooms and other necessary space and facilities at the
42 lowest cost consistent with sound construction principles and practices,
43 and the attainment of educational objectives, and shall provide for
44 heating, ventilation, lighting, sanitation and health, fire and accident
45 protection adequate to maintain healthful, safe, and comfortable condi-
46 tions therein. Such plans and specifications shall be so prepared that
47 any possible future addition to any such school building may be econom-
48 ically effectuated. In addition, the commissioner of general services,
49 in consultation with the department, the New York state energy research
50 and development authority, the department of environmental conservation,
51 the department of health, the dormitory authority of the state of New
52 York, the department of state, the office of parks, recreation and
53 historic preservation, and any other agency as determined by the office
54 that may be affected by this section, shall make such plans and specifi-
55 cations consistent with any regulations regarding green construction
56 requirements and procedures established pursuant to the public buildings
A. 6641--A 3
1 law to the maximum extent practicable. In establishing such plans and
2 specifications, the office of general services may consult green
3 construction requirements and procedures established or adopted by other
4 agencies, and by private organizations, including but not limited to the
5 United States green building council under its leadership in energy and
6 environmental design programs, the green building initiative's green
7 globes rating system, and the American national standards institute. The
8 commissioner of general services shall, as often as he or she deems
9 advisable but at least annually, review such master sets and, after
10 consultation with the commissioner of education, and subject to approval
11 of the director of the budget, may revise or cancel any of such sets or
12 prepare new sets.
13 § 3. This act shall take effect on the three hundred sixty-fifth day
14 after it shall have become a law; provided however that effective imme-
15 diately, the department of education is authorized to promulgate, amend
16 or repeal any rule or regulation which it deems necessary or appropriate
17 to implement this act.
