|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 06, 2010 |
referred to education |
| Jun 03, 2009 |
print number 1847a |
| Jun 03, 2009 |
amend and recommit to education |
| Feb 09, 2009 |
referred to education |
Senate Bill S1847
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Education 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
Actions
Bill Amendments
co-Sponsors
(D) Senate District
(D) Senate District
(D, WF) Senate District
(D) Senate District
2009-S1847 - Details
- See Assembly Version of this Bill:
- A185
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Add §408-c, Ed L
- Versions Introduced in 2011-2012 Legislative Session:
-
S536, A43
2009-S1847 - Sponsor Memo
BILL NUMBER: S1847
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 protect the right of citizens to not have to endure
construction noise at unreasonable hours due to school construction in
their neighborhoods.
SUMMARY OF PROVISIONS :
This bill adds a new §408-c to the education law dealing with noise
abatement related to school construction. The section requires that
all contractors engaged in school construction must follow the noise
abatement laws of the municipality in question.
JUSTIFICATION :
Noise abatement laws reflect community standards and protect
residents' right to the quiet enjoyment of their property during hours
when sleeping normally occurs. Despite the absence of any compelling
justification, school construction projects are often exempted from
these local laws and ordinances, subjecting neighbors to intrusive
levels of construction noise at unreasonable hours.
2009-S1847 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1847
2009-2010 Regular Sessions
I N S E N A T E
February 9, 2009
___________
Introduced by Sen. KLEIN -- 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. COMPLIANCE WITH LOCAL ORDINANCES RELATING TO NOISE AND WORK
HOURS ON SCHOOL CONSTRUCTION SITES. THE PROVISIONS OF ANY LOCAL ORDI-
NANCE, RULE OR REGULATION ADOPTED BY A MUNICIPALITY OR LOCAL HEALTH
DEPARTMENT RELATING TO THE ABATEMENT OF NOISE OR REGULATING HOURS OR
TIMES FOR PERMITTED CONSTRUCTION ACTIVITY SHALL BE APPLICABLE TO ANY
PUBLIC OR PRIVATE SCHOOL CONSTRUCTION PROJECT. EVERY CONTRACTOR AND
SUBCONTRACTOR ON ANY SUCH WORK SITE SHALL BE RESPONSIBLE FOR COMPLIANCE
WITH SUCH ORDINANCES, RULES OR REGULATIONS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00158-01-9
co-Sponsors
(D) Senate District
(D) Senate District
(D, WF) Senate District
(D) Senate District
2009-S1847A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A185
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Add §408-c, Ed L
- Versions Introduced in 2011-2012 Legislative Session:
-
S536, A43
2009-S1847A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1847A
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
recognizes 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
2009-S1847A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1847--A
2009-2010 Regular Sessions
I N S E N A T E
February 9, 2009
___________
Introduced by Sens. KLEIN, DIAZ, ESPADA, HASSELL-THOMPSON, HUNTLEY,
C. JOHNSON, SAMPSON, STAVISKY -- read twice and ordered printed, and
when printed to be committed to the Committee on Education -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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 GUIDELINES FOR PUBLIC
SCHOOL DISTRICT CONSTRUCTION AS IT PERTAINS TO NOISE LEVELS AND HOURS OF
WORK. GUIDELINES SHALL SPECIFY THAT RECOMMENDED HOURS OF 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. SHOULD BE CONSISTENT WITH MANDATES ISSUED
BY THE DEPARTMENT FOR CONSTRUCTION OCCURRING DURING SCHOOL HOURS.
2. THE DEPARTMENT SHALL ISSUE GUIDELINES PROVIDING FOR THE DISSEM-
INATION OF GUIDELINES 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 FIELDING
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 GUIDELINES, IT WILL WORK TO MAINTAIN POSITIVE COMMUNITY
RELATIONS BETWEEN LOCAL RESIDENTS AND SCHOOL DISTRICTS WHEN DISPUTES
ARISE OVER SCHOOL CONSTRUCTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00158-04-9
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