senate Bill S536

Amended

Relates to the applicability of noise ordinances on school construction work sites

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO EDUCATION
  • 03 / Mar / 2011
    • AMEND AND RECOMMIT TO EDUCATION
  • 03 / Mar / 2011
    • PRINT NUMBER 536A
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION

Summary

Provides that the education department shall set guidelines relating to noise and work hours on school construction sites.

do you support this bill?

Bill Details

Versions:
S536
S536A
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §408-c, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1847A
2007-2008: S8771

Sponsor Memo

BILL NUMBER:S536

TITLE OF BILL:

An act
to amend the education law, in relation to the applicability of noise
ordinances on school construction work sites

PURPOSE:

This bill will provide guidelines for school construction that
recognize the rights of residents to have peace and quiet during
nighttime hours while ensuring that important construction that
benefits the school district is completed in a timely manner.

SUMMARY OF PROVISIONS:

This bill adds a new §408-c to the education law related to school
construction.

Section one requires that the State Department of Education issue
guidelines for noise levels and hours of work for public and private
school construction. It requires that those guidelines specify work
hours as being between 7am and 7pm, and that recommended noise levels
be consistent with mandates issued by the State Department of
Education for construction done during school hours.

Section two specifies the Department make known the process for filing
complaints about noise levels in excess of or work hours outside of
those recommended in the guidelines.

Section three exempts the State Department from routine enforcement of
the guidelines but commits the agency to working to resolve disputes
raised through its complaint process.

JUSTIFICATION:

School construction is important to ensure students in our communities
across the state learn in a safe and hospitable environment that
maximizes student learning. However, school construction should be
completed in a manner that recognizes residents' inherent right to
the quiet enjoyment of their property during late evening and
nighttime hours.
Because school construction projects are exempted from local laws and
ordinances, it is reasonable to require the State Department of
Education to issue guidelines regarding noise levels and work hours.

LEGISLATIVE HISTORY:

2010 - S.1847 - REFERRED TO EDUCATION
2008 - S.8771 - REFERRED TO RULES

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   536

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN,  DIAZ, HASSELL-THOMPSON, HUNTLEY, SAMPSON,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Education

AN  ACT  to amend the education law, in relation to the applicability of
  noise ordinances on school construction work sites

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

  Section  1. The education law is amended by adding a new section 408-c
to read as follows:
  S 408-C. GUIDELINES  RELATING  TO  NOISE  AND  WORK  HOURS  ON  SCHOOL
CONSTRUCTION SITES. 1. THE DEPARTMENT SHALL ISSUE REGULATIONS FOR PUBLIC
SCHOOL DISTRICT CONSTRUCTION AS IT PERTAINS TO NOISE LEVELS AND HOURS OF
WORK.   SUCH   REGULATIONS  SHALL  SPECIFY  THAT  RECOMMENDED  HOURS  OF
CONSTRUCTION WORK ARE BETWEEN SEVEN O'CLOCK A.M. AND SEVEN O'CLOCK  P.M.
SHOULD  WORK  OCCUR  OUTSIDE THESE HOURS, RECOMMENDED NOISE LEVELS AFTER
SEVEN O'CLOCK P.M. OR BEFORE SEVEN O'CLOCK A.M. FOR  ADJOINING  RESIDEN-
TIAL  PROPERTIES SHALL BE CONSISTENT WITH LIMITATIONS ESTABLISHED BY THE
DEPARTMENT GOVERNING ACCEPTABLE INDOOR  NOISE  LEVELS  FOR  CONSTRUCTION
OCCURRING DURING SCHOOL HOURS WHEN SCHOOL IS IN SESSION.
  2. THE DEPARTMENT SHALL ISSUE RULES PROVIDING FOR THE DISSEMINATION OF
REGULATIONS  FOR  SCHOOL  DISTRICT CONSTRUCTION AS THEY PERTAIN TO NOISE
AND HOURS OF WORK. DISSEMINATION SHALL INCLUDE PROMINENTLY  POSTING  THE
OFFICE  WITHIN  THE  DEPARTMENT  RESPONSIBLE  FOR  RECEIVING  COMPLAINTS
REGARDING NOISE LEVELS OR WORK HOURS ON  THE  DEPARTMENT'S  WEBSITE  AND
INCLUDING INFORMATION IN THE DEPARTMENT'S NEWSLETTER.
  3.  WHILE  THE  DEPARTMENT IS NOT RESPONSIBLE FOR ROUTINELY MONITORING
ADHERENCE TO SUCH REGULATIONS, IT SHALL WORK TO MAINTAIN POSITIVE COMMU-
NITY  RELATIONS  BETWEEN  LOCAL  RESIDENTS  AND  SCHOOL  DISTRICTS  WHEN
DISPUTES ARISE OVER SCHOOL CONSTRUCTION ACTIVITIES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04355-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.