S T A T E O F N E W Y O R K
________________________________________________________________________
8360--A
2011-2012 Regular Sessions
I N A S S E M B L Y
June 14, 2011
___________
Introduced by M. of A. NOLAN -- 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 education law, in relation to approval of leases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 2554 of the education law, as
amended by chapter 170 of the laws of 1994, is amended to read as
follows:
6. A. To lease property required for the purpose of furnishing school
accommodations for schools administered by the board of education and to
prepare and execute leases therefor. To be eligible for aid pursuant to
subdivision six of section thirty-six hundred two of this chapter, any
such lease shall be approved by the commissioner prior to execution,
PROVIDED THAT THE COMMISSIONER MAY APPROVE A LEASE SUBMITTED FOR
APPROVAL AFTER EXECUTION UPON A SHOWING OF GOOD CAUSE FOR THE DELAY; the
leased space shall meet requirements for access by individuals with
disabilities to both facilities and programs, as defined in regulations
of the commissioner; the requirements set forth in paragraphs a, b, c, d
and f of subdivision one of section four hundred three-b of this chapter
shall be met, except for the requirement of voter approval; and the
leased space shall be used to house programs for pupils in grades prek-
indergarten through twelve, other than programs funded pursuant to
section forty-four hundred ten of this chapter, with minimal associated
administrative and support services space as approved by the commission-
er.
B. PRIOR TO THE EXECUTION OF A NEW LEASE FOR A BUILDING TO BE USED AS
AN EDUCATIONAL FACILITY IN A CITY SCHOOL DISTRICT LOCATED IN A CITY OF
ONE MILLION OR MORE INHABITANTS, THE NEW YORK CITY SCHOOL CONSTRUCTION
AUTHORITY SHALL COMPLETE A (I) PHASE I ENVIRONMENTAL SITE ASSESSMENT
PURSUANT TO STANDARD E1527 OF THE AMERICAN SOCIETY OF TESTING AND MATE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11654-05-1
A. 8360--A 2
RIALS, OR OTHER STANDARD SELECTED BY THE NEW YORK CITY SCHOOL
CONSTRUCTION AUTHORITY THAT IS NO LESS STRINGENT, AND SHALL INCLUDE AS
NECESSARY, BUT NEED NOT BE LIMITED TO, A SITE INSPECTION AND A REVIEW OF
READILY AVAILABLE HISTORICAL RECORDS AND REGULATORY DATABASES; AND (II)
IF WARRANTED, A PHASE II ENVIRONMENTAL SITE ASSESSMENT PURSUANT TO STAN-
DARD E1903 OF THE AMERICAN SOCIETY OF TESTING AND MATERIALS, OR OTHER
STANDARD SELECTED BY THE NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY
THAT IS NO LESS STRINGENT, AND SHALL INCLUDE AS NECESSARY, BUT NEED NOT
BE LIMITED TO, A SAMPLING OF ENVIRONMENTAL MEDIA, AN EVALUATION OF THE
COLLECTED DATA RELATIVE TO THE SITE'S INTENDED USE AS A SCHOOL, AND
IDENTIFICATION OF MITIGATION OR REMEDIAL MEASURES REQUIRED TO ADDRESS
ENVIRONMENTAL CONDITIONS, IF APPROPRIATE.
C. COPIES OF THE PHASE I ENVIRONMENTAL SITE ASSESSMENT, PHASE II ENVI-
RONMENTAL SITE ASSESSMENT, AND ANY REMEDIAL WORK PLANS THAT HAVE BEEN
PREPARED FOR THE PROPOSED LEASE PROPERTY OR BUILDING SHALL BE MADE
AVAILABLE ON THE NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY'S OFFICIAL
INTERNET WEBSITE, AND A COPY SHALL BE FURNISHED TO ANY INDIVIDUAL UPON
REQUEST.
S 2. This act shall take effect April 1, 2012.