S T A T E O F N E W Y O R K
________________________________________________________________________
3103
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
Introduced by M. of A. LUPARDO, CAHILL, KAVANAGH, GOTTFRIED, PAULIN,
ROSENTHAL, JAFFEE, SCHIMEL, ROBINSON, ORTIZ, GALEF, CLARK, BENEDETTO,
COLTON, BROOK-KRASNY, AUBRY, SKARTADOS, SIMOTAS, LIFTON, ABINANTI,
STIRPE -- Multi-Sponsored by -- M. of A. BARRETT, BRENNAN, COOK,
GLICK, MONTESANO, RIVERA, TITONE -- read once and referred 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06331-01-5
A. 3103 2
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 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.