senate Bill S5113A

2013-2014 Legislative Session

Establishes the green schools New York act

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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
Mar 17, 2014 print number 5113a
amend and recommit to education
Jan 08, 2014 referred to education
May 10, 2013 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5113 - Bill Details

See Assembly Version of this Bill:
A3676A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§408 & 408-a, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A7448

S5113 - Bill Texts

view summary

Establishes the green schools New York act, requiring schools to comply with the criteria established in the department's manual of planning standards - appendix: NY - CHPS High Performance Schools Guidelines.

view sponsor memo
BILL NUMBER:S5113

TITLE OF BILL: An act to amend the education law, in relation to
establishing the green schools New York act

PURPOSE OR GENERAL IDEA OF BILL:

To require new construction and substantial reconstruction projects of
public school buildings undertaken by school districts and city school
districts to comply with green building standards, as established by
the New York State Department of Education (NYSED) in the department's
manual of planning standards -appendix: NY - CHPS Version 1.1: High
Performance School Guidelines.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill establishes that the bill shall be cited as the
Green Schools New York Act.

Section 2 amends § 408 of the education law by adding new subsection
3-a, which requires state school districts to comply with the energy
conservation practices and standards established in the department's
manual of planning standards -appendix: NY - CHPS Version 1.1: High
Performance Schools Guidelines.

Section 3 of the bill amends 408-a of the education law by giving the
commissioner of education, in consultation with The New York Energy
Research and Development Authority (NYSERDA) authority to make plans
and specifications for the construction of new school buildings
consistent with the department's manual of planning standards -
appendix: NY - CHPS Version 1.1: High Performance School Guidelines.
The commissioner of education shall, as often as he or she deems
advisable but at least annually, review such master sets and, after
consultation with NYSERDA, and subject to approval of the director of
the budget, may revise or cancel any of such sets or prepare new sets.

Section 4 establishes this act to take effect on the three hundred
sixty-fifth day after it shall have become a Law; provided that NYSED
is authorized to promulgate, amend or repeal any rule or regulation
which it deems necessary or appropriate to implement this act.

JUSTIFICATION:

NYSED published the New York High Performance Schools Guidelines
(NY-CHPS 1.1) in 2007 as a voluntary Appendix to the NYSED Manual of
Planning Standards. NYSERDA provides the NY-CHPS Verification Program
offering no-cost, third party verification of compliance with NY-CHPS
as well as support and training programs for districts, professional
design teams and contractors.

Research has found that schools can be built and renovated using
high-performance methods that save money, improve school performance
and make teachers, staff, and students more productive. High
performance school buildings are proven to increase student test
scores, reduce worker absenteeism, improve teacher and staff retention
and cut energy and utility costs. Several states already have policies
that require green building practices for public schools, including,


California, New Jersey, Ohio and Washington. Green buildings use
resources, including energy, water, materials and land more
efficiently and effectively and provide healthier environments for
working, learning and living. Green buildings minimize the negative
environmental consequences by lessening changes to the natural
environment; using recycled or recyclable material; incorporating
renewable and energy efficient power generation systems; using water
resources more efficiently and producing less waste. Green school
buildings provide employees and students with a healthier indoor work
environment by effectively controlling air ventilation systems and
using alternative paints, finishes, adhesives, furniture, and fabrics
that do not negatively affect air quality, By building green, school
districts can save money by reducing maintenance costs and create
sustainable buildings, which would foster new developments in green
technologies.

New York was among the first states in the nation to offer a tax
incentive program for the developers and builders of environmentally
friendly buildings. New York has signed into law measures intended to
encourage building owners and developers to design, construct and
operate buildings that are more in harmony with the environment. The
purpose of this act is to implement the development of high
performance Been school buildings by the State's school districts.

FISCAL IMPLICATIONS:

None to the state

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect 365 days after enactment.

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

                                  5113

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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 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.]
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07062-01-3

S. 5113                             2

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.

Co-Sponsors

S5113A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3676A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§408 & 408-a, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A7448

S5113A (ACTIVE) - Bill Texts

view summary

Establishes the green schools New York act, requiring schools to comply with the criteria established in the department's manual of planning standards - appendix: NY - CHPS High Performance Schools Guidelines.

view sponsor memo
BILL NUMBER:S5113A

TITLE OF BILL: An act to amend the education law, in relation to
establishing the green schools New York act

PURPOSE OR GENERAL IDEA OF BILL: To require new construction and
substantial reconstruction projects of public school buildings
undertaken by school districts and city school districts to comply
with green building standards, as established by the New York State
Department of Education (NYSED) in the department's manual of planning
standards appendix: NY - CHPS (Most Current Version) High Performance
School Guidelines.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill establishes that
the bill shall be cited as the Green Schools New York Act.

Section 2 amends § 408 of the education law by adding new subsection
3-a, which requires state school districts to comply with the energy
conservation practices and standards established in the department's
manual of planning standards -appendix: NY - CHPS (Most Current
Version): High Performance Schools Guidelines.

Section 3 of the bill amends 408-a of the education law by giving the
commissioner of education, in consultation with The New York Energy
Research and Development Authority (NYSERDA) authority to make plans
and specifications for the construction of new school buildings
consistent with the department's manual of planning standards -
appendix: NY - CHPS (Most Current Version): High Performance School
Guidelines. The commissioner of education shall, as often as he or she
deems advisable but at least annually, review such master sets and,
after consultation with NYSERDA, and subject to approval of the
director of the budget, may revise or cancel any of such sets or
prepare new sets.

Section 4 establishes this act to take effect on the three hundred
sixty-fifth day after it shall have become a Law; provided that NYSED
is authorized to promulgate, amend or repeal any rule or regulation
which it deems necessary or appropriate to implement this act.

JUSTIFICATION: NYSED published the New York High Performance Schools
Guidelines (NY-CHPS) in 2007 as a voluntary Appendix to the NYSED
Manual of Planning Standards. NYSERDA provides the NY-CHPS
Verification Program offering no-cost, third party verification of
compliance with NY-CHPS as well as support and training programs for
districts, professional design teams and contractors.

Research has found that schools can be built and renovated using
high-performance methods that save money, improve school performance
and make teachers, staff, and students more productive. High
performance school buildings are proven to increase student test
scores, reduce worker absenteeism, improve teacher and staff retention
and cut energy and utility costs. Several states already have policies
that require green building practices for public schools, including,
California, New Jersey, Ohio and Washington. Green buildings use
resources, including energy, water, materials and land more
efficiently and effectively and provide healthier environments for
working, learning and living. Green buildings minimize the negative


environmental consequences by lessening changes to the natural
environment; using recycled or recyclable material; incorporating
renewable and energy efficient power generation systems; using water
resources more efficiently and producing less waste. Green school
buildings provide employees and students with a healthier indoor work
environment by effectively controlling air ventilation systems and
using alternative paints, finishes, adhesives, furniture, and fabrics
that do not negatively affect air quality, By building green, school
districts can save money by reducing maintenance costs and create
sustainable buildings, which would foster new developments in green
technologies.

New York was among the first states in the nation to offer a tax
incentive program for the developers and builders of environmentally
friendly buildings. New York has signed into law measures intended to
encourage building owners and developers to design, construct and
operate buildings that are more in harmony with the environment. The
purpose of this act is to implement the development of high
performance green school buildings by the State's school districts.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: This act shall take effect 365 days after enactment.

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

                                 5113--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by Sens. LATIMER, TKACZYK -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Education  --
  recommitted  to  the  Committee on Education in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.
                                                           LBD07062-03-4

S. 5113--A                          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 CURRENT NY -  CHPS
CRITERIA  ESTABLISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS -
APPENDIX: NY - CHPS 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 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.

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