S T A T E O F N E W Y O R K
________________________________________________________________________
6641--A
2009-2010 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Subdivision 3 of section 408 of the education law, as
amended by section 2 of part A-1 of section 58 of the laws of 2006, is
amended and a new subdivision 3-a is added to read as follows:
3. The commissioner shall approve the plans and specifications, here-
tofore or hereafter submitted pursuant to this section, for the erection
or purchase of any school building or addition thereto or remodeling
thereof on the site or sites selected therefor pursuant to this chapter,
if such plans conform to the requirements and provisions of this chapter
and the regulations of the commissioner adopted pursuant to this chapter
in all other respects; provided, however, that the commissioner of
education shall not approve the plans for the erection or purchase of
any school building or addition thereto unless the site has been
selected with reasonable consideration of the following factors; its
place in a comprehensive, long-term school building program; area
required for outdoor educational activities; educational adaptability,
environment, accessibility; soil conditions; initial and ultimate cost.
[In developing such plans and specifications, school districts are
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
available from the department and the New York state energy research and
development authority.]
3-A. IN DEVELOPING SUCH PLANS AND SPECIFICATIONS, SCHOOL DISTRICTS
SHALL BE REQUIRED TO COMPLY WITH THE ENERGY CONSERVATION AND SAVING BEST
PRACTICES AVAILABLE FROM THE DEPARTMENT AND THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, EXCEPT IN THE FOLLOWING CIRCUM-
STANCES:
(A) AN EXISTING SCHOOL BUILDING THAT HAS AN HISTORIC STATUS PURSUANT
TO FEDERAL, STATE OR LOCAL LAW AND COMPLIANCE WITH CONSTRUCTION REQUIRE-
MENTS AND PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD ALTER
THE HISTORIC CHARACTER OF SUCH SCHOOL BUILDING;
(B) IN THE CASE OF A SUBSTANTIAL RENOVATION, COMPLIANCE WITH
CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTABLISHED PURSUANT TO THIS
ARTICLE WOULD NOT BE COST EFFECTIVE OVER THE USEFUL LIFE OF SUCH RENO-
VATION AS DETERMINED PURSUANT TO REGULATIONS PROMULGATED PURSUANT TO
THIS ARTICLE;
(C) COMPLIANCE WITH THIS ARTICLE OR WITH CONSTRUCTION REQUIREMENTS AND
PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD BE INCONSISTENT
WITH OR VIOLATE FEDERAL OR STATE LAW;
(D) SUCH OTHER CIRCUMSTANCES AS THE DEPARTMENT MAY REASONABLY DETER-
MINE TO NOT BE APPROPRIATE FOR THE APPLICATION OF THE CONSTRUCTION
REQUIREMENTS AND PROCEDURES ADOPTED PURSUANT TO THIS ARTICLE; OR
(E) THE DESIGN OR PLANNING PROCESS FOR SUCH NEW CONSTRUCTION OR
SUBSTANTIAL RENOVATION HAS SUBSTANTIALLY COMMENCED, AS DEFINED BY THE
OFFICE IN REGULATIONS, AS OF THE EFFECTIVE DATE OF THE REGULATIONS
PROMULGATED BY THE OFFICE PURSUANT TO THIS ARTICLE; PROVIDED HOWEVER,
THAT WHENEVER SUBDIVISION ONE, TWO, THREE OR FOUR OF THIS SECTION
APPLIES, THE CONSTRUCTION REQUIREMENTS AND PROCEDURES SHALL BE INTE-
GRATED INTO THE DESIGN AND CONSTRUCTION OF THE PROJECT TO THE MAXIMUM
EXTENT PRACTICABLE.
S 2. Subdivision 1 of section 408-a of the education law, as amended
by chapter 420 of the laws of 1968, is amended to read as follows:
1. The commissioner of general services, after consultation with the
commissioner of education and subject to the approval of the director of
the budget, shall promptly prepare or acquire as many master sets of
complete plans and specifications for the construction of new school
buildings and appurtenant facilities as shall be sufficient to provide
at least six different master sets each for elementary, junior high and
high schools, based on the number of pupils to be accommodated therein.
Such plans and specifications shall be prepared so as to provide
adequate classrooms and other necessary space and facilities at the
lowest cost consistent with sound construction principles and practices,
and the attainment of educational objectives, and shall provide for
heating, ventilation, lighting, sanitation and health, fire and accident
protection adequate to maintain healthful, safe, and comfortable condi-
tions therein. Such plans and specifications shall be so prepared that
any possible future addition to any such school building may be econom-
ically effectuated. In addition, the COMMISSIONER OF GENERAL SERVICES,
IN CONSULTATION WITH THE DEPARTMENT, THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
THE DEPARTMENT OF HEALTH, THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK, THE DEPARTMENT OF STATE, THE OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION, AND ANY OTHER AGENCY AS DETERMINED BY THE OFFICE
THAT MAY BE AFFECTED BY THIS SECTION, SHALL MAKE SUCH PLANS AND SPECIFI-
CATIONS CONSISTENT WITH ANY REGULATIONS REGARDING GREEN CONSTRUCTION
REQUIREMENTS AND PROCEDURES ESTABLISHED PURSUANT TO THE PUBLIC BUILDINGS
A. 6641--A 3
LAW TO THE MAXIMUM EXTENT PRACTICABLE. IN ESTABLISHING SUCH PLANS AND
SPECIFICATIONS, THE OFFICE OF GENERAL SERVICES MAY CONSULT GREEN
CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTABLISHED OR ADOPTED BY OTHER
AGENCIES, AND BY PRIVATE ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE
UNITED STATES GREEN BUILDING COUNCIL UNDER ITS LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN PROGRAMS, THE GREEN BUILDING INITIATIVE'S GREEN
GLOBES RATING SYSTEM, AND THE AMERICAN NATIONAL STANDARDS INSTITUTE. THE
commissioner of general services shall, as often as he OR SHE deems
advisable but at least annually, review such master sets and, after
consultation with the commissioner of education, and subject to approval
of the director of the budget, may revise or cancel any of such sets or
prepare new sets.
S 3. This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law; provided however that effective imme-
diately, the department of education is authorized to promulgate, amend
or repeal any rule or regulation which it deems necessary or appropriate
to implement this act.