senate Bill S4766

2013-2014 Legislative Session

Requires siting, erection, purchase, repair, enlargement and remodeling of healthy and high performance school buildings

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Apr 23, 2013 referred to education

S4766 - Bill Details

See Assembly Version of this Bill:
A1765
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยงยง408 & 408-a, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3757
2009-2010: A1741A

S4766 - Bill Texts

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Requires the plans and specifications for the siting, erection, purchase, repair, enlargement or remodeling of school buildings in every school district to be subject to the approval of the commissioner of education for a determination that such plans and specifications are consistent with the standards for "green buildings" and for healthy and high performance schools.

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BILL NUMBER:S4766

TITLE OF BILL: An act to amend the education law, in relation to
requiring that the siting, erection, purchase, repair, enlargement and
remodeling of school buildings meet the requirements of healthy and
high performance schools

PURPOSE: The purpose of the bill is to ensure that healthy,
high-performance school facilities are constructed, rehabilitated,
sited and maintained in order to enhance the health and productivity
of students, teachers and school employees.

SUMMARY OF PROVISIONS: The bill would require the State Education
Department (SED), in cooperation with the NYS Energy Research and
Development Authority (NYSERDA) to review and approve proposals for
school facilities that meet healthy and high performance schools
standards in NYS. Proposals for schools must conform to both the NYS
green buildings standards and healthy and high performance schools as
defined in the bill. Siting of schools must also be reviewed by the
Departments of Environmental Conservation and Health with respect to
proximity to known environmental and public health risks.

JUSTIFICATION: New York State has over 3 million children attending
approximately 4,200 schools. Many of these schools are in poor
condition. According to the National Education Association study in
2002, more than one third of public schools in New York State need
major repairs or total replacement. It is well established that
children are more vulnerable to environmental exposures than adults;
exposures during infancy and childhood can result in future illnesses
and long-term problems, such as asthma.

This bill would require that all NYS school buildings meet a health
and high performance standard. Healthy and high performance schools
are designed using techniques that reduce energy and maintenance costs
while providing cleaner air, improved lighting, reduced exposures to
toxic materials and supplies. Healthy and high performance schools do
not cost more to build and maintain and in fact, improve student and
faculty performance through a cleaner and healthier learning
environment.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: This bill is not expected to impose additional
costs on school districts, since healthy and high performance schools
are not anticipated to be more costly to build, rehabilitate, or
maintain.

EFFECTIVE DATE: The bill would take effect immediately, except that
section one of the bill will take effect Aug. first of the next
succeeding date after it shall become law.

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

                                  4766

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- 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  requiring  that  the
  siting,  erection,  purchase,  repair,  enlargement  and remodeling of
  school buildings meet the requirements of healthy and high performance
  schools

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

  Section  1.  Section 408 of the education law, subdivisions 1 and 2 as
amended by chapter 414 of the laws of 1972,  the  opening  paragraph  of
subdivision 1 as amended by chapter 315 of the laws of 1990, subdivision
3 as amended by section 2 of part A-1 of chapter 58 of the laws of 2006,
subdivision 4 as amended by chapter 801 of the laws of 1951 and subdivi-
sion  6  as  amended  by  chapter 385 of the laws of 1994 and as further
amended by subdivision (d) of section 1 of part W of chapter 56  of  the
laws of 2010, is amended to read as follows:
  S 408. [Plans]  APPROVAL  OF PLANS and specifications of school build-
ings [must be approved by commissioner of education].   1. THE  LEGISLA-
TURE  HEREBY  DECLARES  IT  TO BE THE POLICY OF THE STATE TO REQUIRE THE
SITING, CONSTRUCTION, REHABILITATION AND MAINTENANCE OF HEALTHY AND HIGH
PERFORMANCE SCHOOL BUILDINGS IN THIS STATE IN SUCH A MANNER AS TO:
  A.  PROMOTE   BETTER   ENVIRONMENTAL   STANDARDS   FOR   THE   SITING,
CONSTRUCTION,  REHABILITATION AND MAINTENANCE OF SCHOOL BUILDINGS IN THE
STATE;
  B. IMPROVE ENERGY EFFICIENCY AND INCREASE GENERATION OF ENERGY THROUGH
RENEWABLE AND CLEAN ENERGY TECHNOLOGIES;
  C. INCREASE THE DEMAND FOR ENVIRONMENTALLY PREFERABLE BUILDING MATERI-
ALS, FINISHES AND FURNISHINGS;
  D. IMPROVE THE ENVIRONMENT BY DECREASING THE DISCHARGE  OF  POLLUTANTS
INTO AND FROM SCHOOL BUILDINGS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05711-01-3

S. 4766                             2

  E.  CREATE  INDUSTRY AND PUBLIC AWARENESS OF NEW TECHNOLOGIES THAT CAN
ASSURE THAT ALL SCHOOLS ARE HEALTHY AND HIGH PERFORMANCE; AND
  F.  IMPROVE  THE  HEALTH  AND  PRODUCTIVITY  OF STUDENTS, TEACHERS AND
SCHOOL EMPLOYEES.
  IN ORDER TO FACILITATE SUCH POLICIES, THE LEGISLATURE  HEREBY  DIRECTS
SCHOOL  DISTRICTS  TO  SITE, CONSTRUCT, REHABILITATE AND MAINTAIN SCHOOL
BUILDINGS IN ACCORDANCE WITH SUCH POLICIES.
  2. No  [schoolhouse]  SCHOOL  BUILDING  shall  [hereafter]  be  SITED,
erected, purchased, repaired, enlarged or remodeled nor shall the adver-
tisement  for bids for the execution of the plans and specifications for
such [schoolhouses] SCHOOL BUILDINGS be placed, in any  school  district
[except  in  a  city  school  district in a city having seventy thousand
inhabitants or more, at an expense which shall exceed one hundred  thou-
sand  dollars,]  until  the  plans  and  specifications  shall have been
submitted to the commissioner [of education] and  his  OR  HER  approval
endorsed thereon. Such plans and specifications shall show in detail the
ventilation,  heating  and  lighting  of  such  buildings, AND ANY OTHER
DETAILS THE COMMISSIONER SHALL DETERMINE TO BE NECESSARY.
  In the case of a school district in a  city  having  seventy  thousand
inhabitants  or  more,  all  the provisions previously set forth in this
subdivision shall apply, except that  the  commissioner  may  waive  the
requirement  for  submission  of plans and specifications and substitute
therefor the requirement for submission of an outline of such plans  and
specifications  for  his  OR HER review. Such outline shall be in a form
which he OR SHE may prescribe from time to time.
  [In either case, the commissioner may, in his discretion, review plans
and specifications for projects estimated at an expense of less than one
hundred thousand dollars.]
  In the case of a school district in a city having a  million  inhabit-
ants  or more, all of the provisions previously set forth in this subdi-
vision shall apply, except that  such  school  district  shall  only  be
required  to  submit  an  outline of the plans and specifications to the
commissioner [of education] for his OR HER information where  a  school-
house  is to be erected in conjunction with the development of a project
to be developed under the provisions of  article  two  or  five  of  the
private  housing  finance  law and where both the school and the project
are to have rights or interests in the  same  land,  regardless  of  the
similarity  or  equality  thereof,  including  fee interests, easements,
space rights or other rights or interests.  NOTWITHSTANDING THE  FOREGO-
ING  PROVISIONS  OF  THIS  PARAGRAPH,  EVERY  SUCH SCHOOL BUILDING SHALL
COMPLY WITH THE REQUIREMENTS FOR GREEN BUILDINGS AND  HEALTHY  AND  HIGH
PERFORMANCE SCHOOLS AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION.
  [2]  3.    The commissioner [of education] shall not approve the plans
for the erection or purchase of any school building or addition  thereto
or remodeling thereof unless the same shall provide for [heating, venti-
lation, lighting,] sanitation, storm drainage and health, fire and acci-
dent  protection  adequate  to  maintain healthful, safe and comfortable
conditions therein and unless the county superintendent of  highways  or
commissioner  of  public  works  has been advised of the location of all
temporary and permanent entrances and exits upon all public highways and
the storm drainage plan which is to be used.
  [3] 4.  The commissioner shall NOT approve the  plans  and  specifica-
tions, [heretofore 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]  UNLESS  such plans conform to the requirements and

S. 4766                             3

provisions [of this chapter and  the  regulations  of  the  commissioner
adopted pursuant to this chapter in all other respects; provided, howev-
er,  that]  FOR GREEN BUILDINGS, AS DEFINED IN PARAGRAPH TEN OF SUBDIVI-
SION  (B)  OF  SECTION  NINETEEN OF THE TAX LAW, AND ANY RULES AND REGU-
LATIONS ADOPTED PURSUANT THERETO, AND TO THE REQUIREMENTS AND PROVISIONS
FOR HEALTHY AND HIGH PERFORMANCE SCHOOLS AS ESTABLISHED  IN  SUBDIVISION
ONE  OF  THIS  SECTION, AND ANY RULES, REGULATIONS, STANDARDS AND GUIDE-
LINES ADOPTED PURSUANT THERETO. FURTHERMORE, the commissioner [of educa-
tion], IN CONSULTATION WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVA-
TION AND HEALTH, 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; PROXIMITY TO KNOWN ENVIRONMENTAL AND PUBLIC
RISK FACTORS; 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.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE ENFORCEMENT OF THE PROVISIONS OF THIS SUBDIVISION  SHALL  BE  WITHIN
THE SOLE JURISDICTION AND AT THE SOLE DISCRETION OF THE DEPARTMENT.
  [4] 5. No funds voted by a district meeting or other competent author-
ity  in  any school district [to which the provisions of subdivision one
of this section are applicable, exceeding the amounts specified in  such
subdivision,]  shall  be  expended by the trustees or board of education
until the commissioner [of education] shall certify that the  plans  and
specifications for the same comply with the provisions of this section.
  [5]  6.  In  a  city  having  a population of one million or more, all
designing, draughting and inspecting necessary in  connection  with  the
construction,  additions to, alterations and maintenance of [schoolhous-
es] SCHOOL BUILDINGS shall be performed  by  a  bureau  established  and
maintained  for  this  purpose under the board of education. The work of
this bureau shall be performed by civil service employees in the classi-
fied civil service under the direction of the superintendent  of  school
buildings,  design and construction, except that repairs, betterment and
maintenance of heating and ventilating plants and  equipment,  elevators
and  mechanical equipment shall remain under the direction of the super-
intendent of plant operation and maintenance. In  a  special  case  upon
approval  of  the  board  of  estimate,  such  designing,  draughting or
inspecting may be otherwise performed.
  [6.] 7. The commissioner [may], IN  CONSULTATION  WITH  THE  NEW  YORK
STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL promulgate regu-
lations relating to the  purchase  AND  RENOVATION  of  existing  school
buildings.  Such  regulations  shall  provide  for  an appraisal of such
buildings as school buildings and the land on which they are situated as
school sites by the commissioner of taxation and finance, such estimates
of the cost of renovation and construction as may be necessary  TO  MEET
THE  REQUIREMENTS  OF SUBDIVISION ONE OF THIS SECTION and limitations on
the cost of acquisition and renovation, in taking into consideration the
age and condition of such existing buildings, in relation to  the  esti-
mated  cost of constructing a new building containing comparable facili-
ties. [Such regulations may also  require  the  prior  approval  of  the
commissioner  of  any  renovations  proposed to be made to such existing
school buildings.]

S. 4766                             4

  S 2. 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], and subject to the approval of the director
of the budget, AND IN ACCORDANCE  WITH  THE  STANDARDS  ESTABLISHED  FOR
GREEN  BUILDINGS,  AS  DEFINED  IN  PARAGRAPH  TEN OF SUBDIVISION (B) OF
SECTION NINETEEN OF THE TAX LAW, AND THE STANDARDS  AND  GUIDELINES  FOR
HEALTHY  AND  HIGH PERFORMANCE SCHOOLS ESTABLISHED BY SUBDIVISION ONE OF
SECTION FOUR HUNDRED EIGHT OF THIS ARTICLE, 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 conditions therein. Such plans and specifications
shall be so prepared that any  possible  future  addition  to  any  such
school  building  may  be  economically  effectuated.]  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],  and  subject  to
approval of the director of the budget, may revise or cancel any of such
sets or prepare new sets.
  S  3.  This act shall take effect immediately, except that section one
of this act shall take effect on the first of August next succeeding the
date on which it shall have become a law and such section shall apply to
school buildings sited, erected, purchased, repaired, enlarged or remod-
eled on or after such date.

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