S T A T E O F N E W Y O R K
________________________________________________________________________
5374--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 16, 2011
___________
Introduced by M. of A. ROSENTHAL, BENEDETTO, ROBINSON, HEASTIE, TITONE,
CUSICK, TOBACCO, JEFFRIES, BARRON, DINOWITZ, RODRIGUEZ, ARROYO,
BOYLAND, BROOK-KRASNY, CAMARA, CASTRO, COLTON, CRESPO, GIBSON, GLICK,
HEVESI, JACOBS, KELLNER, LINARES, LENTOL, MAISEL, MENG, MILLMAN, MOYA,
O'DONNELL, J. RIVERA, N. RIVERA, SIMOTAS, STEVENSON, TITUS, WEPRIN,
WRIGHT, KAVANAGH, P. RIVERA -- Multi-Sponsored by -- M. of A. CLARK,
GOTTFRIED, MARKEY, PERRY -- read once and referred to the Committee on
Education -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to requiring the replacement of lighting ballasts and light-
ing fixtures in buildings constructed between 1950 and 1978 that are
used as schools and requiring the promulgation of regulations by the
state department of education
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subchapter 7 of chapter 1 of title 27 of the administrative
code of the city of New York is amended by adding a new article 23 to
read as follows:
ARTICLE 23
SCHOOL BUILDINGS CONSTRUCTED BETWEEN 1950 AND 1978
SECTION 27-521.20 LIGHTING BALLASTS AND LIGHTING FIXTURES IN SCHOOL
BUILDINGS.
27-521.25 FINANCING AND REMEDIATION.
S 27-521.20 LIGHTING BALLASTS AND LIGHTING FIXTURES IN SCHOOL BUILD-
INGS. (A) THE DEPARTMENT SHALL REPLACE ALL LIGHTING BALLASTS AND LIGHT-
ING FIXTURES IN ANY BUILDING CONSTRUCTED OR SUBSTANTIALLY RENOVATED
BETWEEN THE YEARS NINETEEN HUNDRED FIFTY AND NINETEEN HUNDRED
SEVENTY-EIGHT THAT IS CURRENTLY USED AS A SCHOOL.
(B) FOLLOWING THE REPLACEMENT OF ANY LIGHTING BALLASTS OR LIGHTING
FIXTURES PURSUANT TO SUBDIVISION (A) OF THIS SECTION, EACH SITE SHALL BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07913-06-1
A. 5374--A 2
TESTED FOR THE PRESENCE OF POLYCHLORINATED BIPHENYLS. RESULTS SHALL BE
POSTED ON THE DEPARTMENT'S WEBSITE WITHIN FOUR DAYS OF RECEIVING TEST
RESULTS.
(C) SCHOOL BUILDINGS SHALL BE EXEMPT FROM SUBDIVISION (A) OF THIS
SECTION IF THE LIGHTING BALLASTS AND LIGHTING FIXTURES HAVE BEEN
REPLACED USING MATERIALS NOT CONTAINING POLYCHLORINATED BIPHENYLS.
(D) FOR PURPOSES OF THIS SECTION:
(1) "DEPARTMENT" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF EDUCATION.
(2) "SCHOOL" SHALL MEAN EACH SCHOOL WITHIN THE NEW YORK CITY PUBLIC
SCHOOL SYSTEM THAT PROVIDES EDUCATIONAL INSTRUCTION TO STUDENTS AT OR
BELOW THE TWELFTH GRADE LEVEL.
S 27-521.25 FINANCING AND REMEDIATION. THE DEPARTMENT SHALL COORDINATE
FINANCING AND REMEDIATION IN CONSULTATION WITH RELEVANT STATE AGENCIES
AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND SHALL BE
REQUIRED TO SEARCH FOR FEDERAL AND STATE FINANCING TO ACCOMPLISH SUCH
PURPOSE.
S 2. Notwithstanding any provision of law to the contrary, the state
education department shall implement and enforce rules or regulations
necessary to effectuate the provisions of this act. The state education
department shall establish deadlines to ensure expedited remediation and
testing of lighting ballasts and lighting fixtures in school buildings
constructed between 1950 and 1978 and shall require that fifty percent
of all replacement work shall be completed within two years and the
completion of all replacement work within three years from the effective
date of this act.
S 3. This act shall take effect immediately; provided however that
section one of this act shall take effect on the one hundred eightieth
day after it shall have become a law.