senate Bill S536A

2011-2012 Legislative Session

Relates to the applicability of noise ordinances on school construction work sites

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Mar 03, 2011 print number 536a
amend and recommit to education
Jan 05, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S536 - Bill Details

See Assembly Version of this Bill:
A43
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §408-c, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1847A, A185A

S536 - Bill Texts

view summary

Provides that the education department shall set guidelines relating to noise and work hours on school construction sites.

view sponsor memo
BILL NUMBER:S536

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
recognize 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 complaint process.

JUSTIFICATION:

School construction is important to ensure students in our communities
across the state learn in a safe and hospitable environment that
maximizes student learning. However, school construction should be
completed in a manner that recognizes residents' inherent right to
the quiet enjoyment of their property during late evening and
nighttime hours.
Because school construction projects are exempted from local laws and
ordinances, it is reasonable to require the State Department of
Education to issue guidelines regarding noise levels and work hours.

LEGISLATIVE HISTORY:

2010 - S.1847 - REFERRED TO EDUCATION
2008 - S.8771 - REFERRED TO RULES

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

180 days after enactment.

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

                                   536

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN,  DIAZ, HASSELL-THOMPSON, HUNTLEY, SAMPSON,
  STAVISKY -- 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. GUIDELINES  RELATING  TO  NOISE  AND  WORK  HOURS  ON  SCHOOL
CONSTRUCTION SITES. 1. THE DEPARTMENT SHALL ISSUE REGULATIONS FOR PUBLIC
SCHOOL DISTRICT CONSTRUCTION AS IT PERTAINS TO NOISE LEVELS AND HOURS OF
WORK.   SUCH   REGULATIONS  SHALL  SPECIFY  THAT  RECOMMENDED  HOURS  OF
CONSTRUCTION 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. FOR  ADJOINING  RESIDEN-
TIAL  PROPERTIES SHALL BE CONSISTENT WITH LIMITATIONS ESTABLISHED BY THE
DEPARTMENT GOVERNING ACCEPTABLE INDOOR  NOISE  LEVELS  FOR  CONSTRUCTION
OCCURRING DURING SCHOOL HOURS WHEN SCHOOL IS IN SESSION.
  2. THE DEPARTMENT SHALL ISSUE RULES PROVIDING FOR THE DISSEMINATION OF
REGULATIONS  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  RECEIVING  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 SUCH REGULATIONS, IT SHALL WORK TO MAINTAIN POSITIVE COMMU-
NITY  RELATIONS  BETWEEN  LOCAL  RESIDENTS  AND  SCHOOL  DISTRICTS  WHEN
DISPUTES ARISE OVER SCHOOL CONSTRUCTION ACTIVITIES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04355-01-1

Co-Sponsors

S536A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A43
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §408-c, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1847A, A185A

S536A (ACTIVE) - Bill Texts

view summary

Provides that the education department shall set guidelines relating to noise and work hours on school construction sites.

view sponsor memo
BILL NUMBER:S536A

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
recognize 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 complaint process.

The amendment to this bill simply replaces the word "regulation" with
the word "guidelines".

JUSTIFICATION:

School construction is important to ensure students in our
communities across the state learn in a safe and hospitable
environment that maximizes student learning. However, school
construction should be completed in a manner that recognizes
residents' inherent right to the quiet enjoyment of their property
during late evening and nighttime hours.

Because school construction projects are exempted from local laws and
ordinances, it is reasonable to require the State Department of
Education to issue guidelines regarding noise levels and work hours.

LEGISLATIVE HISTORY:

2010 - S.1847 - REFERRED TO EDUCATION
2008 - S.8771 - REFERRED TO RULES


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 536--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN,  DIAZ, HASSELL-THOMPSON, HUNTLEY, SAMPSON,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed  to the Committee on Education -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.
                                                           LBD04355-02-1

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