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

                                  4269

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A. AUBRY, NOLAN -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to requiring notification
  procedures to be established requiring notice to  be  given  prior  to
  certain  construction projects in school buildings or a district leas-
  ing school property

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

  Section 1. The education law is amended by adding a new section 421 to
read as follows:
  S 421. PRE-CONSTRUCTION NOTIFICATION OF CERTAIN CONSTRUCTION PROJECTS.
1.    THE NEW YORK CITY DEPARTMENT OF EDUCATION OR THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL  ESTABLISH  NOTIFICA-
TION  PROCEDURES  IN  ADVANCE  OF A CONSTRUCTION PROJECT OF TEN THOUSAND
DOLLARS OR MORE TO BE CONDUCTED IN A SCHOOL BUILDING IN A  CITY  WITH  A
POPULATION  OF  ONE  MILLION  OR  MORE, WHETHER THE BUILDING IS OWNED OR
LEASED BY THE SCHOOL DISTRICT, OR OF THE DISTRICT LEASING SCHOOL PROPER-
TY.
  2. THE NOTIFICATION PROCEDURES REQUIRED TO BE ESTABLISHED PURSUANT  TO
SUBDIVISION  ONE  OF THIS SECTION SHALL REQUIRE NOTICE TO BE PROVIDED TO
PARENTS OF STUDENTS WHO USE OR ARE EXPECTED TO USE THE  SCHOOL  BUILDING
WHERE  CONSTRUCTION  WILL  OCCUR,  RESIDENTS  OF THE COMMUNITY WHERE THE
SCHOOL BUILDING IS LOCATED, ELECTED OFFICIALS OF  THE  SCHOOL  DISTRICT,
STATE AND LOCAL ELECTED OFFICIALS REPRESENTING THE DISTRICT IN WHICH THE
SCHOOL  BUILDING IS LOCATED AND COMMUNITY BOARDS IN THE SCHOOL DISTRICT;
PROVIDED, HOWEVER, THAT WHERE CONSTRUCTION IS TO  BE  ENTIRELY  INTERNAL
AND  IS NOT DETERMINED TO CONSTITUTE SIGNIFICANT RECONSTRUCTION OR RENO-
VATION OF EXISTING BUILDINGS, NOTIFICATION  NEED  ONLY  BE  PROVIDED  TO
SCHOOL PERSONNEL, PARENTS, AND STUDENTS.  SUCH NOTICE REQUIREMENT MAY BE
MET  BY PUBLICATION IN DISTRICT NEWSLETTERS, DIRECT MAILINGS, OR HOLDING
A PUBLIC HEARING ON THE PROJECT  TO  INFORM  PARENTS,  STUDENTS,  SCHOOL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07713-01-5
              

A. 4269                             2

PERSONNEL  AND  COMMUNITY  MEMBERS; PROVIDED, HOWEVER, THAT NOTIFICATION
SHALL BE PROVIDED TO ELECTED OFFICIALS AND MEMBERS OF  COMMUNITY  BOARDS
DIRECTLY, BY MAIL OR BY EMAIL.
  3.  SUCH  NOTIFICATION  PROCEDURES  SHALL  PROVIDE NOTICE AT LEAST TWO
MONTHS PRIOR TO THE DATE ON WHICH CONSTRUCTION IS  SCHEDULED  TO  BEGIN,
PROVIDED  THAT  IN  THE  CASE  OF  EMERGENCY CONSTRUCTION PROJECTS, SUCH
NOTICE SHALL BE PROVIDED AS FAR IN ADVANCE OF THE START OF  CONSTRUCTION
AS IS PRACTICABLE.
  4. SUCH NOTICE SHALL INCLUDE INFORMATION ON THE DISTRICT'S OBLIGATIONS
UNDER   THIS  SECTION  TO  PROVIDE  A  SAFE  SCHOOL  ENVIRONMENT  DURING
CONSTRUCTION PROJECTS. IF ANY HAZARDOUS MATERIALS  ARE  PRESENT  AT  THE
CONSTRUCTION  SITE,  ESPECIALLY  OR  MOST  IMPORTANTLY ASBESTOS AND PCBS
(POLYCHLORINATED BIPHENYL), NOTIFICATION OF THE PRESENCE OF SUCH HAZARD-
OUS MATERIALS SHALL BE PROVIDED TO THE STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, STATE AND LOCAL ELECTED OFFICIALS, COMMUNITY  BOARDS,  AND
RESIDENTS  OF PROPERTY ADJACENT TO OR IN CLOSE PROXIMITY OF THE PROPERTY
CONTAINING THE HAZARDOUS MATERIALS.  SUCH NOTIFICATION SHALL  EXPLICITLY
STATE  WHICH  HAZARDOUS MATERIALS ARE EXPECTED TO BE PRESENT, THE ANTIC-
IPATED START AND END DATES OF THE CONSTRUCTION PROJECT,  AND  THE  HOURS
DURING WHICH CONSTRUCTION IS EXPECTED TO TAKE PLACE.
  S 2. This act shall take effect immediately.