senate Bill S3774

Requires the replacement of lighting ballasts and lighting fixtures in buildings in New York City constructed between 1950 and 1978 that are used as schools

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Bill Status


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

  • 14 / Feb / 2013
    • REFERRED TO CITIES
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1260
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 04 / Mar / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 20 / May / 2014
    • 1ST REPORT CAL.842
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO EDUCATION

Summary

Requires the replacement of lighting ballasts and lighting fixtures in buildings in New York City constructed between 1950 and 1978 that are used as schools; exempts buildings that have replaced lighting ballasts and lighting fixtures not containing PCB's; requires the testing of each area post-replacement for the presence of PCB's; requires the posting of test results on the NYC department of education website; authorizes the NYC department of education to seek state and federal funding to accomplish the required replacement; requires the promulgation of regulations by the state department of education.

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Bill Details

See Assembly Version of this Bill:
A988A
Versions:
S3774
Legislative Cycle:
2013-2014
Current Committee:
Assembly Education
Law Section:
New York City Administrative Code
Laws Affected:
Add Title 27 Chap 1 Subchap 7 Art 23 §§27-521.20 & 27-521.25, NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Cycle:
A5374A, A5374A

Sponsor Memo

BILL NUMBER:S3774

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to requiring the replacement of lighting
ballasts and lighting fixtures in buildings constructed between 1950
and 1978 that are used as schools and requiring the promulgation of
regulations by the state department of education

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
require the New York City Department of Education (DOE) to replace all
lighting fixtures constructed between 1950 and 1978 using materials
that do not contain PCBs.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subchapter 7 of
Chapter 1 of title 27 of the administrative code of the city of New
York by adding a new article 23.

Section 2 adds a new unconsolidated section of the education law
willing the state education department to implement and enforce rules
or regulations necessary to effectuate the provisions of this act.

Section 3 establishes the effective date.

JUSTIFICATION: The dangers of PCBs are well documented, and have been
observed to cause cardiovascular, endocrine, immune and cognitive
damage in addition to other. complications. In children, whose
developing systems are exposed to PCBs in schools throughout the
school year, exposure has been additionally linked with
attention-deficit/ hyperactivity disorder (ADHD), increased aggression
and many other. symptoms that constitute a serious impediment to
cognitive development and learning.

In August of 2010, it was reported that the three schools tested over
the summer, P.S 199 in Manhattan, P.S. 178 in the Bronx, and P.S. 309
in Brooklyn all reported PCS levels above the EPA guidance levels. In
P.S. 309, the contamination was found to be 50 times this standard.
PCBs are found in window caulk, lighting ballasts and other materials
used in construction between 1950 and 1978. There are believed to be
700-800 schools in New York City that fall in this category.

In a letter addressed to a New York City Deputy Mayor, EPA issued a
scathing reprimand to the City and suggested that it was in violation
of the Toxic Substances Control Act if it did not immediately
implement a citywide lighting fixture replacement process. The EPA has
begun its own inspections of lighting ballasts.

These lighting ballasts must eventually be replaced, and the energy
savings achieved by this project along with available avenues of
funding would offset replacement costs.

PRIOR LEGISLATIVE HISTORY: A.5374 of 2011-2012

FISCAL IMPLICATIONS: Undetermined.


EFFECTIVE DATE: This act shall take effect immediately; provided
however that section one of this act shall take effect on the one
hundred eightieth day after it shall become a law.

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

                                  3774

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 14, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to requiring the replacement of lighting ballasts and light-
  ing fixtures in buildings constructed between 1950 and 1978  that  are
  used  as  schools and requiring the promulgation of regulations by the
  state department of education

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

  Section 1. Subchapter 7 of chapter 1 of title 27 of the administrative
code  of  the  city of New York is amended by adding a new article 23 to
read as follows:
                               ARTICLE 23
           SCHOOL BUILDINGS CONSTRUCTED BETWEEN 1950 AND 1978
SECTION 27-521.20 LIGHTING BALLASTS  AND  LIGHTING  FIXTURES  IN  SCHOOL
                   BUILDINGS.
        27-521.25 FINANCING AND REMEDIATION.
  S  27-521.20  LIGHTING BALLASTS AND LIGHTING FIXTURES IN SCHOOL BUILD-
INGS. (A) THE DEPARTMENT SHALL REPLACE ALL LIGHTING BALLASTS AND  LIGHT-
ING  FIXTURES  IN  ANY  BUILDING  CONSTRUCTED OR SUBSTANTIALLY RENOVATED
BETWEEN  THE  YEARS  NINETEEN  HUNDRED  FIFTY   AND   NINETEEN   HUNDRED
SEVENTY-EIGHT THAT IS CURRENTLY USED AS A SCHOOL.
  (B)  FOLLOWING  THE  REPLACEMENT  OF ANY LIGHTING BALLASTS OR LIGHTING
FIXTURES PURSUANT TO SUBDIVISION (A) OF THIS SECTION, EACH SITE SHALL BE
TESTED FOR THE PRESENCE OF POLYCHLORINATED BIPHENYLS.  RESULTS SHALL  BE
POSTED  ON  THE  DEPARTMENT'S WEBSITE WITHIN FOUR DAYS OF RECEIVING TEST
RESULTS.
  (C) SCHOOL BUILDINGS SHALL BE EXEMPT  FROM  SUBDIVISION  (A)  OF  THIS
SECTION  IF  THE  LIGHTING  BALLASTS  AND  LIGHTING  FIXTURES  HAVE BEEN
REPLACED USING MATERIALS NOT CONTAINING POLYCHLORINATED BIPHENYLS.
  (D) FOR PURPOSES OF THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04438-04-3

S. 3774                             2

  (1) "DEPARTMENT" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF EDUCATION.
  (2)  "SCHOOL"  SHALL  MEAN EACH SCHOOL WITHIN THE NEW YORK CITY PUBLIC
SCHOOL SYSTEM THAT PROVIDES EDUCATIONAL INSTRUCTION TO  STUDENTS  AT  OR
BELOW THE TWELFTH GRADE LEVEL.
  S 27-521.25 FINANCING AND REMEDIATION. THE DEPARTMENT SHALL COORDINATE
FINANCING  AND  REMEDIATION IN CONSULTATION WITH RELEVANT STATE AGENCIES
AND THE UNITED STATES  ENVIRONMENTAL  PROTECTION  AGENCY  AND  SHALL  BE
REQUIRED  TO  SEARCH  FOR FEDERAL AND STATE FINANCING TO ACCOMPLISH SUCH
PURPOSE.
  S 2. Notwithstanding any provision of law to the contrary,  the  state
education  department  shall  implement and enforce rules or regulations
necessary to effectuate the provisions of this act. The state  education
department shall establish deadlines to ensure expedited remediation and
testing  of  lighting ballasts and lighting fixtures in school buildings
constructed between 1950 and 1978 and shall require that  fifty  percent
of  all  replacement  work  shall  be  completed within one year and the
completion of all replacement work within two years from  the  effective
date of this act.
  S  3.  This  act  shall take effect immediately; provided however that
section one of this act shall take effect on the one  hundred  eightieth
day after it shall have become a law.

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