NY State Assembly Bill 2009-A7556

Assembly Bill A7556

2009-2010 Legislative Session

Requires school districts in N.Y. city to investigate and report on the status of PCBs in school buildings

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	held for consideration in education
May 03, 2010	print number 7556a
May 03, 2010	amend and recommit to education
Jan 06, 2010	referred to education
Apr 14, 2009	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

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2009-A7556 - Details

See Senate Version of this Bill:: S4442
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §3641, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S2088

2009-A7556 - Summary

Requires school districts in a city with one million or more to investigate and report on the status of PCB's in school buildings; provides for report to be submitted to the commissioner by January 1, next succeeding the close of the school year in which the inspection was conducted with all buildings being inspected by January 1, 2012; provides that 50% shall be inspected by July 1, 2011.

2009-A7556 - Bill Text download pdf

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

                                  7556

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, WEPRIN, BENEDETTO, CAMARA, GREENE,
  MAISEL,  JEFFRIES,  MILLMAN,  LANCMAN,   WRIGHT,   DINOWITZ,   COLTON,
  O'DONNELL,  HEASTIE, KELLNER, POWELL -- Multi-Sponsored by -- M. of A.
  BRENNAN, GLICK, HEVESI, PHEFFER --  read  once  and  referred  to  the
  Committee on Education

AN  ACT  to  amend  the  education  law, in relation to requiring school
  districts in a city of one million or more to investigate  and  report
  on the status of polychlorinated biphenyls

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

  Section 1. Subdivision 4 of section  3641  of  the  education  law  is
amended by adding a new paragraph e to read as follows:
  E.  SCHOOL  DISTRICTS  IN A CITY OF ONE MILLION OR MORE SHALL TEST FOR
THE PRESENCE OF POLYCHLORINATED BIPHENYLS (PCBS) IN  AND  AROUND  SCHOOL
BUILDINGS  AND SHALL SUBMIT TO THE COMMISSIONER A REPORT ON THE RESULTS.
SUCH REPORT SHALL BE IN THE FORM PRESCRIBED  BY  THE  COMMISSIONER.  THE
SAMPLING  METHODS  SHALL  MEET  THE PROTOCOL FOR SAMPLING CAULK AND SOIL
CONTAINED IN  THE  PROTOCOL  FOR  ADDRESSING  POLYCHLORINATED  BIPHENYLS
ADOPTED  BY  THE DEPARTMENT IN JUNE TWO THOUSAND SEVEN. THE REPORT SHALL
REFLECT THE RESULTS OF INSPECTIONS OF ALL SCHOOL  BUILDINGS  CONSTRUCTED
OR  RENOVATED  IN  A  MANNER REQUIRING THE USE OF CAULK BETWEEN NINETEEN
HUNDRED FIFTY AND NINETEEN HUNDRED EIGHTY AND SHALL INCLUDE THE  TESTING
OF EXPANSION JOINT CAULKING AND DOOR AND WINDOW CAULKING AS WELL AS SOIL
IN  AND AROUND SCHOOL BUILDINGS.  ANALYSIS OF SAMPLES SHALL BE CONDUCTED
BY A LABORATORY CERTIFIED  BY  THE  DEPARTMENT  OF  HEALTH  PURSUANT  TO
SECTION FIVE HUNDRED TWO OF THE PUBLIC HEALTH LAW. THE STATE SHALL REIM-
BURSE  EACH  SCHOOL  DISTRICT IN THE AMOUNT OF FIFTY DOLLARS PER SAMPLE.
SUCH REPORT SHALL BE SUBMITTED TO THE COMMISSIONER BY THE JANUARY  FIRST
SUCCEEDING THE CLOSE OF THE SCHOOL YEAR IN WHICH THE LAST INSPECTION WAS
CONDUCTED,  WITH  ALL  BUILDINGS  BEING  INSPECTED BY JANUARY FIRST, TWO
THOUSAND ELEVEN.  THE DEPARTMENT SHALL POST THE REPORT PROVIDED  BY  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06631-02-9

A. 7556                             2

SCHOOL  DISTRICT  IN A TIMELY MANNER ON ITS WEBSITE.  THE DISTRICT SHALL
PROVIDE TO THE DEPARTMENT AND THE DEPARTMENT SHALL PROMPTLY POST ON  ITS
WEBSITE  INSPECTION AND TEST RESULTS FOR EACH INDIVIDUAL SCHOOL BUILDING
AS THE TESTS ARE COMPLETED ON A SCHOOL-BY-SCHOOL BASIS. SCHOOL-BY-SCHOOL
RESULTS SHALL BE SENT TO THE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION,   THE  DEPARTMENT  OF  HEALTH,  THE  UNITED  STATES  ENVIRONMENTAL
PROTECTION AGENCY, EACH  SCHOOL'S  ADMINISTRATION  AND  THE  PARENTS  OF
STUDENTS  ATTENDING  EACH  SCHOOL.    THE  ORDER  IN  WHICH  SCHOOLS ARE
INSPECTED SHALL BE DETERMINED BY RANDOM DRAW.
  S 2. This act shall take effect immediately.

co-Sponsors

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multi-Sponsors

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2009-A7556A (ACTIVE) - Details

See Senate Version of this Bill:: S4442
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §3641, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S2088

2009-A7556A (ACTIVE) - Summary

2009-A7556A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7556A

TITLE OF BILL:
An act
to amend the education law, in relation to requiring school districts in
a city of one million or more to investigate and report on the status of
polychlorinated biphenyls

PURPOSE OR GENERAL IDEA OF BILL:; To require school
districts in a city
of one million or more to test and submit a report to the
commissioner about the status of polychlorinated biphenyls in
buildings constructed or renovated prior to 1977.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends
subdivision 4 of
section 3641 of the education law by adding a new paragraph e to
require school districts of one million or more to test for the
presence of polychlorinated biphenyls and to submit a report to the
commissioner on the status of PCBs in schools constructed or
renovated prior to 1977.

JUSTIFICATION: On April 7, 2008, the New York Daily
News reported on
the presence of polychlorinated biphenyls (PCBs) in hundreds of New
York City public schools. Despite requests from parents, teachers,

elected officials, and other community members for a comprehensive
testing and remediation, the New York City Department of Education
(DOE) and the New York City Department of Health and Mental Hygiene
have repeatedly refused to address the situation beyond the initial
tests conducted on the schools following the Daily News story.

PCBs are prohibited by the U.S. Toxic Substances Control Act, but.
persist in many school buildings that were constructed or renovated
prior to 1977, when the federal ban on PCBs went into effect.. The
New York State Department of Education (NYSED) published protocols
for addressing PCBs during school renovations in June 2007, but
school districts are currently not required to follow these
recommended guidelines; this bill would make the state's protocols a
requirement. This bill would require the DOE to test for the presence
of PCBs and to report these findings to NYSED on an annual basis,
with all inspections completed by 2011. NYSED is required to publish
the findings on its website in a timely manner for public access.

PRIOR LEGISLATIVE HISTORY: A11367 of 2008 - referred
to education;
amended and recommitted to education; print number 11367A

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DAZE: This act shall take effect immediately.

2009-A7556A (ACTIVE) - Bill Text download pdf

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

                                 7556--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced  by  M. of A. ROSENTHAL, BENEDETTO, CAMARA, MAISEL, JEFFRIES,
  MILLMAN, LANCMAN, WRIGHT, DINOWITZ, COLTON, O'DONNELL, HEASTIE,  KELL-
  NER,  POWELL,  CARROZZA, GIBSON, CRESPO -- Multi-Sponsored by -- M. of
  A. BRENNAN, CLARK, GLICK, HEVESI, PHEFFER -- read once and referred to
  the Committee on Education -- recommitted to the Committee  on  Educa-
  tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education  law,  in  relation  to  requiring  school
  districts  in  a city of one million or more to investigate and report
  on the status of polychlorinated biphenyls

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

  Section  1.  Subdivision  4  of  section  3641 of the education law is
amended by adding a new paragraph e to read as follows:
  E. (1) SCHOOL DISTRICTS IN A CITY OF ONE MILLION OR  MORE  SHALL  TEST
FOR  THE  PRESENCE  OF  POLYCHLORINATED  BIPHENYLS  (PCBS) IN AND AROUND
SCHOOL BUILDINGS AND SHALL SUBMIT TO THE COMMISSIONER  AND  THE  COMMIS-
SIONER  OF  ENVIRONMENTAL  CONSERVATION  A REPORT ON THE RESULTS.   SUCH
REPORT SHALL BE IN THE FORM PRESCRIBED BY THE COMMISSIONER, IN CONSULTA-
TION WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.  THE  SAMPLING
METHODS SHALL MEET THE PROTOCOL FOR SAMPLING CAULK AND SOIL CONTAINED IN
THE  PROTOCOL  FOR  ADDRESSING  POLYCHLORINATED BIPHENYLS ADOPTED BY THE
DEPARTMENT IN JUNE TWO THOUSAND SEVEN.  THE  REPORT  SHALL  REFLECT  THE
RESULTS  OF INSPECTIONS OF ALL SCHOOL BUILDINGS CONSTRUCTED OR RENOVATED
IN A MANNER REQUIRING THE USE OF CAULK BETWEEN  NINETEEN  HUNDRED  FIFTY
AND  NINETEEN  HUNDRED EIGHTY AND SHALL INCLUDE THE TESTING OF EXPANSION
JOINT CAULKING AND DOOR AND WINDOW CAULKING  AS  WELL  AS  SOIL  IN  AND
AROUND  SCHOOL  BUILDINGS.   ANALYSIS OF SAMPLES SHALL BE CONDUCTED BY A
LABORATORY CERTIFIED BY THE DEPARTMENT OF  HEALTH  PURSUANT  TO  SECTION
FIVE  HUNDRED  TWO  OF  THE PUBLIC HEALTH LAW. THE STATE SHALL REIMBURSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06631-05-0

A. 7556--A                          2

EACH SCHOOL DISTRICT IN THE AMOUNT OF FIFTY DOLLARS PER  SAMPLE.    SUCH
REPORT  SHALL  BE SUBMITTED TO THE COMMISSIONER, AND THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION, BY THE FIRST OF JANUARY NEXT SUCCEEDING  THE
CLOSE  OF  THE  SCHOOL  YEAR IN WHICH THE LAST INSPECTION WAS CONDUCTED,
WITH ALL BUILDINGS  BEING  INSPECTED  BY  JANUARY  FIRST,  TWO  THOUSAND
TWELVE.    FIFTY  PERCENT  OF SUCH BUILDINGS SHALL BE TESTED PURSUANT TO
THIS SUBPARAGRAPH BY JULY FIRST, TWO THOUSAND ELEVEN.   THE  DEPARTMENT,
AND  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL POST THE REPORT
PROVIDED BY THE SCHOOL DISTRICT IN A TIMELY MANNER ON  THEIR  RESPECTIVE
WEBSITES.  THE DISTRICT SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPART-
MENT  OF ENVIRONMENTAL CONSERVATION, AND THE DEPARTMENT, AND THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, SHALL PROMPTLY POST ON THEIR RESPEC-
TIVE WEBSITES, INSPECTION AND TEST RESULTS FOR  EACH  INDIVIDUAL  SCHOOL
BUILDING  AS  THE  TESTS  ARE  COMPLETED  ON  A  SCHOOL-BY-SCHOOL BASIS.
SCHOOL-BY-SCHOOL RESULTS SHALL BE SENT TO THE DEPARTMENT OF HEALTH,  THE
UNITED  STATES  ENVIRONMENTAL  PROTECTION AGENCY, EACH SCHOOL'S ADMINIS-
TRATION AND THE PARENTS OF STUDENTS ATTENDING EACH SCHOOL.  THE ORDER IN
WHICH SCHOOLS ARE INSPECTED SHALL BE DETERMINED BY RANDOM DRAW.
  (2) THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  SHALL  ENFORCE  THE
PROVISIONS  CONTAINED  IN SUBPARAGRAPH ONE OF THIS PARAGRAPH IN A TIMELY
MANNER.
  S 2. This act shall take effect immediately.

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Assembly Bill A7556

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Sponsored By

ROSENTHAL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Michael Benedetto

Karim Camara

Alan Maisel

Hakeem Jeffries

multi-Sponsors

James F. Brennan

Barbara Clark

Deborah Glick

Andrew Hevesi

2009-A7556 - Details

2009-A7556 - Summary

2009-A7556 - Bill Text download pdf

co-Sponsors

Michael Benedetto

Karim Camara

Alan Maisel

Hakeem Jeffries

multi-Sponsors

James F. Brennan

Barbara Clark

Deborah Glick

Andrew Hevesi

2009-A7556A (ACTIVE) - Details

2009-A7556A (ACTIVE) - Summary

2009-A7556A (ACTIVE) - Sponsor Memo

2009-A7556A (ACTIVE) - Bill Text download pdf

Comments