S T A T E O F N E W Y O R K
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2419
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. ENGLEBRIGHT, BENEDETTO, ROBINSON, GALEF, TITUS --
Multi-Sponsored by -- M. of A. BRENNAN, COLTON, COOK, CURRAN, DINOW-
ITZ, HOOPER -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to parent notification of
environmental health and safety hazards in schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 409 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE PROVISIONS
OF SECTION FOUR HUNDRED NINE-L OF THIS ARTICLE SHALL APPLY TO ALL SCHOOL
DISTRICTS, INCLUDING CITY SCHOOL DISTRICTS REGARDLESS OF POPULATION,
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND PRE-KINDERGARTEN
PROGRAMS.
S 2. The education law is amended by adding a new section 409-l to
read as follows:
S 409-L. PARENT NOTIFICATION OF ENVIRONMENTAL HEALTH AND SAFETY
HAZARDS IN SCHOOLS. 1. TO ENSURE THAT EACH STUDENT, PARENT, PERSON IN
PARENTAL RELATION AND SCHOOL EMPLOYEE HAS ACCESS TO INFORMATION ABOUT
ENVIRONMENTAL HEALTH ISSUES AND HAZARDS IN THEIR SCHOOL ENVIRONMENT, THE
FOLLOWING ACTIONS SHALL BE REQUIRED TO BE TAKEN BY SCHOOLS:
A. EVERY SCHOOL DISTRICT SHALL APPOINT AN INFORMATION ACCESS CONTACT
PERSON;
B. AT THE BEGINNING OF EACH SCHOOL YEAR, EVERY SCHOOL SHALL INFORM AND
EDUCATE STUDENTS, PARENTS, PERSONS IN PARENTAL RELATION AND SCHOOL
EMPLOYEES THAT THEY HAVE A RIGHT TO ALL INFORMATION ABOUT HEALTH AND
SAFETY CONDITIONS IN THEIR SCHOOL FACILITIES AS REQUIRED IN THIS
SECTION, INCLUDING BUT NOT LIMITED TO HAZARDOUS SUBSTANCES USED, STORED
OR PRESENT IN SCHOOL FACILITIES; CONSTRUCTION AND REHABILITATION ACTIV-
ITIES; AIR OR WATER QUALITY SAMPLING RESULTS AND PROBLEMS; PROCEDURES
FOR INFORMATION ACCESS; IDENTIFICATION OF SCHOOL DISTRICT EMPLOYEES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06826-01-5
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DESIGNATED TO SERVE AS INFORMATION ACCESS CONTACT PERSONS; REQUIREMENTS
FOR TIMELY RESPONSE TO INFORMATION REQUESTS; AND OTHER PROCEDURES THAT
WILL ENSURE READY ACCESS TO SUCH INFORMATION;
C. ALL SCHOOLS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND
PRE-KINDERGARTEN PROGRAMS SHALL ANNUALLY NOTIFY STUDENTS, PARENTS,
PERSONS IN PARENTAL RELATION AND SCHOOL EMPLOYEES OF ALL HAZARDOUS
SUBSTANCES USED, STORED OR PRESENT IN FACILITIES WITHIN THEIR SCHOOL,
INCLUDING ACTIVITIES INVOLVING HAZARDOUS SUBSTANCES CONDUCTED BY PRIVATE
CONTRACTORS. EACH SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
PRE-KINDERGARTEN PROGRAM SHALL:
(I) ANNUALLY INVENTORY ALL HAZARDOUS SUBSTANCES USED, STORED OR PRES-
ENT IN ITS FACILITIES, WHICH INVENTORY SHALL BE AVAILABLE FOR PUBLIC
REVIEW,
(II) DEVELOP WRITTEN PLANS TO ELIMINATE OR MINIMIZE THE USE AND PRES-
ENCE OF HAZARDOUS SUBSTANCES IN ITS FACILITIES, INCLUDING A TIMETABLE TO
ACCOMPLISH THE PLAN COMPONENTS, WHICH PLANS HAVE BEEN SUBJECT TO PUBLIC
REVIEW PRIOR TO ADOPTION, AND
(III) PREPARE WRITTEN REPORTS OF THE RESULTS OF ALL SAMPLING, EVALU-
ATION AND REMEDIATION ACTIVITIES AS APPROPRIATE, SUBMIT SUCH REPORTS TO
THE SCHOOL DISTRICT AND THE DEPARTMENT, AND MAKE AVAILABLE SUCH REPORTS
TO THE PUBLIC; AND
D. EVERY SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
PRE-KINDERGARTEN PROGRAM SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS,
AT LEAST TWO SCHOOL DAYS PRIOR TO ANY MAJOR FACILITY CONSTRUCTION, DEMO-
LITION, MAINTENANCE OR RENOVATION, OR ANY OTHER ACTIVITY WITH THE POTEN-
TIAL TO RESULT IN EXPOSURES TO INDOOR OR OUTDOOR HAZARDS THAT MAY HAVE A
SIGNIFICANT EFFECT ON THE HEALTH OF THE OCCUPANTS OF THE FACILITIES:
(I) A WARNING NOTICE SHALL BE PROMINENTLY POSTED AT EACH ENTRY POINT
OF EACH FACILITY AND SCHOOL GROUNDS, WHICH HAS THE FOLLOWING FORMAT AND
INCLUDES THE FOLLOWING INFORMATION:
"NOTICE OF SCHOOL ACTIVITIES INVOLVING HAZARDOUS SUBSTANCES
THE PURPOSE OF THIS NOTICE IS TO ENSURE THAT STUDENTS, PARENTS,
PERSONS IN PARENTAL RELATION AND SCHOOL EMPLOYEES ARE NOTIFIED THAT THE
FOLLOWING ACTIVITIES WILL BE OCCURRING IN THIS SCHOOL:
SCHOOL NAME
SCHOOL ADDRESS
PROPOSED ACTIVITY
LOCATION OF PROPOSED ACTIVITY
HAZARDOUS SUBSTANCES UTILIZED (IF APPLICABLE)
MATERIAL DATA SAFETY SHEET IS AVAILABLE FROM THE CONTACT PERSON LISTED
BELOW.
DATE/TIME AND DURATION OF PROPOSED ACTIVITY
CONTACT PERSON/LOCATION FOR FURTHER INFORMATION."
(II) SCHOOLS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND PRE-KIN-
DERGARTEN PROGRAMS SHALL ALSO PROVIDE A WRITTEN NOTICE TO ALL PARENTS
AND PERSONS IN PARENTAL RELATION OF THE INFORMATION SPECIFIED IN SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH.
(III) IF THERE IS NEED FOR AN UNANTICIPATED OR EMERGENCY ACTIVITY, AS
DEFINED BY THE COMMISSIONER, PURSUANT TO THIS PARAGRAPH, THE WARNING
NOTICE FORM AND WRITTEN NOTICE MAY BE PROVIDED IMMEDIATELY FOLLOWING THE
CONDUCT OF THE ACTIVITY.
(IV) NOTIFICATION SHALL BE PROVIDED TO INDIVIDUALS PURSUANT TO THEIR
RIGHTS TO INFORMATION UNDER THE FEDERAL AMERICANS WITH DISABILITIES ACT,
THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, AND SECTION 504 OF THE
REHABILITATION ACT.
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2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED AS
FOLLOWS:
A. "HAZARDOUS SUBSTANCES" SHALL MEAN AND INCLUDE LEAD, RADON, ASBES-
TOS, FORMALDEHYDE, PRODUCTS CONTAINING GREATER THAN TEN PERCENT VOLATILE
ORGANIC COMPOUNDS AND ANY SUBSTANCE LISTED AS A SUBSTANCE HAZARDOUS TO
THE PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT IN REGULATIONS PROMULGATED
PURSUANT TO ARTICLE THIRTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
B. "FACILITY" SHALL MEAN SCHOOL BUILDINGS, LANDS AND OTHER APPURTE-
NANCES OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES.
C. "INFORMATION ACCESS CONTACT PERSON" SHALL MEAN A SCHOOL DISTRICT
EMPLOYEE, APPOINTED BY THE SUPERINTENDENT, WHO IS RESPONSIBLE FOR
PROVIDING INFORMATION ON SCHOOL ENVIRONMENTAL HEALTH AND SAFETY
REQUESTED BY ANY INDIVIDUAL RESIDING IN THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.