S T A T E O F N E W Y O R K
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4331
2009-2010 Regular Sessions
I N S E N A T E
April 22, 2009
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Introduced by Sen. KRUGER -- 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 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) CONTAINED IN SCHOOL
BUILDINGS AND SHALL SUBMIT TO THE COMMISSIONER A REPORT ON THE STATUS.
SUCH REPORT SHALL BE IN THE FORM PRESCRIBED BY THE COMMISSIONER AND
SHALL MEET 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 RENO-
VATED PRIOR TO NINETEEN HUNDRED EIGHTY AND SHALL INCLUDE THE TESTING OF
ALL BUILDING SYSTEMS AND MATERIALS INSTALLED PRIOR TO NINETEEN HUNDRED
NINETY-SEVEN, INCLUDING BUT NOT LIMITED TO, ALL TRANSFORMERS, TRANSIS-
TORS, CAPACITORS, LIGHT BALLASTS, HEAT TRANSFER EQUIPMENT, HEATING,
VENTILATING, AND AIR CONDITIONING EQUIPMENT AND SYSTEMS, PAINT, EXPAN-
SION JOINT CAULKING AND DOOR AND WINDOW CAULKING AND MORTAR AND MASONRY
ADJACENT TO CAULKING, AS WELL AS SOIL IN AND AROUND SCHOOL BUILDINGS.
SUCH TESTING SHALL BE CONDUCTED BY A LABORATORY CERTIFIED BY THE DEPART-
MENT OF HEALTH PURSUANT TO SECTION FIVE HUNDRED TWO OF THE PUBLIC HEALTH
LAW. THE STATE SHALL REIMBURSE EACH SCHOOL IN THE AMOUNT OF FIFTY
DOLLARS PER SAMPLE. SUCH REPORT SHALL BE SUBMITTED TO THE COMMISSIONER
BY JANUARY FIRST NEXT SUCCEEDING THE CLOSE OF THE SCHOOL YEAR IN WHICH
THE INSPECTION WAS CONDUCTED, WITH ALL BUILDINGS BEING INSPECTED BY
JANUARY FIRST, TWO THOUSAND TWELVE. THE DEPARTMENT SHALL POST THE
REPORT PROVIDED BY THE SCHOOL DISTRICT IN A TIMELY MANNER ON ITS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06631-01-9
S. 4331 2
WEBSITE. THE DEPARTMENT SHALL ALSO MAKE AVAILABLE ON ITS WEBSITE
INSPECTION AND TEST RESULTS FOR EACH INDIVIDUAL SCHOOL BUILDING AS THE
TESTS ARE COMPLETED ON A SCHOOL-BY-SCHOOL BASIS. PCB RESULTS SHALL BE
SENT TO STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, DEPARTMENT OF
HEALTH, THE ENVIRONMENTAL PROTECTION AGENCY, THE SCHOOL'S ADMINISTRATION
AND THE PARENTS OF THE STUDENTS WHO ATTEND SUCH SCHOOL.
S 2. This act shall take effect immediately.