S T A T E   O F   N E W   Y O R K
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                                  7448

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M.  of  A. LUPARDO, CAHILL, KAVANAGH, GOTTFRIED, PAULIN,
  ROSENTHAL, LANCMAN, KELLNER, JAFFEE, MILLMAN, CASTRO,  SPANO,  SCHROE-
  DER, SCHIMEL, ROBINSON, LATIMER, ORTIZ, GALEF -- Multi-Sponsored by --
  M.  of  A. BING, COOK, GLICK, MAISEL, McENENY, TITONE -- read once and
  referred to the Committee on Education

AN ACT to amend the education law, in relation to establishing the green
  schools New York act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be known and may be cited as the "green
schools New York act".
  S 2. Subdivision 3 of section 408 of the education law, as amended  by
section  2 of part A-1 of chapter 58 of the laws of 2006, is amended and
a new subdivision 3-a is added to read as follows:
  3. The commissioner shall approve the plans and specifications,  here-
tofore or hereafter submitted pursuant to this section, for the erection
or  purchase  of  any  school building or addition thereto or remodeling
thereof on the site or sites selected therefor pursuant to this chapter,
if such plans conform to the requirements and provisions of this chapter
and the regulations of the commissioner adopted pursuant to this chapter
in all other respects;  provided,  however,  that  the  commissioner  of
education  shall  not  approve the plans for the erection or purchase of
any school building  or  addition  thereto  unless  the  site  has  been
selected  with  reasonable  consideration  of the following factors; its
place in  a  comprehensive,  long-term  school  building  program;  area
required  for  outdoor educational activities; educational adaptability,
environment, accessibility; soil conditions; initial and ultimate  cost.
[In  developing  such  plans  and  specifications,  school districts are
encouraged to review the energy conservation and saving  best  practices
available from the department and the New York state energy research and
development authority.]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11179-02-1
              

A. 7448                             2

  3-A.  IN DEVELOPING SUCH PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION
OF NEW SCHOOLS OR THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING  SCHOOL,
SCHOOL  DISTRICTS  SHALL  BE REQUIRED TO COMPLY WITH THE CRITERIA ESTAB-
LISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS - APPENDIX: NY -
CHPS VERSION 1.1: HIGH PERFORMANCE SCHOOLS GUIDELINES.
  S  3.  Subdivision 1 of section 408-a of the education law, as amended
by chapter 420 of the laws of 1968, is amended to read as follows:
  1. The commissioner [of general services], after consultation with the
[commissioner of education] NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
MENT  AUTHORITY and subject to the approval of the director of the budg-
et, shall promptly prepare or acquire as many master  sets  of  complete
plans  and  specifications  for the construction of new school buildings
and appurtenant facilities as shall be sufficient to  provide  at  least
six  different  master  sets  each  for elementary, junior high and high
schools, based on the number of pupils to be accommodated therein.  Such
plans  and  specifications  shall  be prepared so as to provide adequate
classrooms and other necessary space and facilities at the  lowest  cost
consistent  with  sound  construction  principles and practices, and the
attainment of educational objectives, and  shall  provide  for  heating,
ventilation,   lighting,   sanitation  and  health,  fire  and  accident
protection adequate to maintain healthful, safe, and comfortable  condi-
tions  therein.  Such plans and specifications shall be so prepared that
any possible future addition to any such school building may be  econom-
ically  effectuated.    SUCH PLANS SHALL COMPLY WITH THE CRITERIA ESTAB-
LISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS - APPENDIX: NY -
CHPS VERSION 1.1: HIGH PERFORMANCE SCHOOLS GUIDELINES. In addition,  the
commissioner  [of  general  services] shall, as often as he OR SHE deems
advisable but at least annually, review  such  master  sets  and,  after
consultation  with the [commissioner of education] NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY,  and  subject  to  approval  of  the
director of the budget, may revise or cancel any of such sets or prepare
new sets.
  S  4.  This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law; provided however that effective  imme-
diately,  the department of education is authorized to promulgate, amend
or repeal any rule or regulation which it deems necessary or appropriate
to implement this act.