S T A T E O F N E W Y O R K
________________________________________________________________________
43
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. LATIMER -- read once and referred to the Commit-
tee 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. 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.
LBD00712-01-1