Assembly Bill A6745A

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

                                 6745--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
  AUBRY, CAHILL, COOK, GRAF,  HOOPER,  MOYA,  PERRY,  RIVERA,  ROBINSON,
  RODRIGUEZ, TITONE -- read once and referred to the Committee on Educa-
  tion  --  recommitted to the Committee on Education in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to enacting  the  "school
  buildings carbon monoxide detectors act"

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

  Section 1.  Short title. This act shall be known and may be  cited  as
the "school buildings carbon monoxide detectors act".
  S 2.  The education law is amended by adding a new section 411 to read
as follows:
  S  411.  INSTALLATION  OF  CARBON MONOXIDE DETECTORS. THE COMMISSIONER
SHALL ADOPT REGULATIONS REQUIRING THE INSTALLATION  OF  OPERABLE  CARBON
MONOXIDE  DETECTORS  IN  EVERY  ELEMENTARY AND SECONDARY SCHOOL BUILDING
WITHIN THE STATE WHEREIN THE USE OF HEATING OR OTHER EQUIPMENT  POSES  A
SUBSTANTIAL  RISK  OF EXPOSURE TO CARBON MONOXIDE.  SUCH CARBON MONOXIDE
DETECTORS SHALL MEET THE MANUFACTURE, DESIGN AND INSTALLATION  STANDARDS
ESTABLISHED  BY  THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE COUNCIL PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-EIGHT  OF  THE
EXECUTIVE LAW.
  S  3.  Paragraph a of subdivision 6-c of section 3602 of the education
law, as amended by chapter 1 of the laws of 2013, is amended to read  as
follows:
  a.  Building aid for metal detectors, SECURITY CAMERAS AND OTHER SECU-
RITY DEVICES, CARBON MONOXIDE DETECTORS and  safety  devices  for  elec-
trically  operated  partitions,  room dividers and doors. In addition to
the apportionments payable to a school district pursuant to  subdivision
six  of this section, the commissioner is hereby authorized to apportion

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00724-03-6
              

A. 6745--A                          2

to any school district additional building aid pursuant to this subdivi-
sion for its approved expenditures in the base year for the purchase  of
stationary  metal detectors, security cameras, CARBON MONOXIDE DETECTORS
REQUIRED PURSUANT TO SECTION FOUR HUNDRED ELEVEN OF THIS CHAPTER, safety
devices  for electrically operated partitions and room dividers required
pursuant to section four hundred nine-f of this chapter, or other  secu-
rity  devices  approved  by the commissioner that increase the safety of
students and school personnel, provided, however, that funds apportioned
to school districts pursuant to this section shall  not  supplant  funds
for  existing  district  expenditures  or for existing contractual obli-
gations  of  the  district  for  stationary  metal  detectors,  security
cameras,  CARBON  MONOXIDE  DETECTORS, partition and room divider safety
devices, or security devices.   Portable or hand  held  metal  detectors
shall  not  be eligible for aid pursuant to this subdivision. Such addi-
tional aid shall equal the product of the building  aid  ratio  computed
for  use  in the current year pursuant to paragraph c of subdivision six
of this section and the actual approved  expenditures  incurred  in  the
base year pursuant to this subdivision, provided that the limitations on
cost  allowances  prescribed  by  paragraph a of subdivision six of this
section shall not apply. The commissioner  shall  annually  prescribe  a
special  cost  allowance  for metal detectors, and security cameras, and
the approved expenditures shall not exceed such  cost  allowance.    THE
COMMISSIONER  SHALL  ANNUALLY  PRESCRIBE  A  SPECIAL  COST ALLOWANCE FOR
CARBON MONOXIDE DETECTORS,  AND  THE  APPROVED  EXPENDITURES  SHALL  NOT
EXCEED  SUCH COST ALLOWANCE. The commissioner shall annually prescribe a
special cost allowance for partition and room  divider  safety  devices,
and the approved expenditures shall not exceed such cost allowance.
  S  4.  In accordance with chapter 507 of the laws of 1974, the commis-
sioner of education shall apportion to each qualifying nonpublic  school
an  amount equal to the actual costs incurred by such school that result
from complying with section 411 of the education law.    Notwithstanding
any other provision of law, rule or regulation to the contrary no school
district  shall  be  required to make expenditures in its current fiscal
year or in any subsequent fiscal year of more than one  hundred  dollars
per affected school building for carbon monoxide detectors.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law, and shall apply to all school buildings
first occupied on or  after  such  date,  provided,  however,  that  the
commissioner  of  education shall be immediately authorized and directed
to promulgate rules and regulations and take any and all  other  actions
necessary  to  implement  the  provisions  of this act on such date, and
provided further that such rules  and  regulations  shall  provide  that
school buildings occupied prior to January 31, 2018 shall be required to
install  operable  carbon  monoxide detectors not later than January 31,
2020.