S T A T E O F N E W Y O R K
________________________________________________________________________
4724
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, GALEF, PERRY -- Multi-Sponsored by
-- M. of A. CAHILL, COLTON -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring that the
siting, erection, purchase, repair, enlargement and remodeling of
school buildings meet the requirements of healthy and high performance
schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 408 of the education law, subdivisions 1 and 2 as
amended by chapter 414 of the laws of 1972, the opening paragraph of
subdivision 1 as amended by chapter 315 of the laws of 1990, subdivision
3 as amended by section 2 of part A-1 of chapter 58 of the laws of 2006,
subdivision 4 as amended by chapter 801 of the laws of 1951 and subdivi-
sion 6 as amended by chapter 385 of the laws of 1994 and as further
amended by subdivision (d) of section 1 of part W of chapter 56 of the
laws of 2010, is amended to read as follows:
§ 408. [Plans] APPROVAL OF PLANS and specifications of school build-
ings [must be approved by commissioner of education]. 1. THE LEGISLA-
TURE HEREBY DECLARES IT TO BE THE POLICY OF THE STATE TO REQUIRE THE
SITING, CONSTRUCTION, REHABILITATION AND MAINTENANCE OF HEALTHY AND HIGH
PERFORMANCE SCHOOL BUILDINGS IN THIS STATE IN SUCH A MANNER AS TO:
A. PROMOTE BETTER ENVIRONMENTAL STANDARDS FOR THE SITING,
CONSTRUCTION, REHABILITATION AND MAINTENANCE OF SCHOOL BUILDINGS IN THE
STATE;
B. IMPROVE ENERGY EFFICIENCY AND INCREASE GENERATION OF ENERGY THROUGH
RENEWABLE AND CLEAN ENERGY TECHNOLOGIES;
C. INCREASE THE DEMAND FOR ENVIRONMENTALLY PREFERABLE BUILDING MATERI-
ALS, FINISHES AND FURNISHINGS;
D. IMPROVE THE ENVIRONMENT BY DECREASING THE DISCHARGE OF POLLUTANTS
INTO AND FROM SCHOOL BUILDINGS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08817-01-9
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E. CREATE INDUSTRY AND PUBLIC AWARENESS OF NEW TECHNOLOGIES THAT CAN
ASSURE THAT ALL SCHOOLS ARE HEALTHY AND HIGH PERFORMANCE; AND
F. IMPROVE THE HEALTH AND PRODUCTIVITY OF STUDENTS, TEACHERS AND
SCHOOL EMPLOYEES.
IN ORDER TO FACILITATE SUCH POLICIES, THE LEGISLATURE HEREBY DIRECTS
SCHOOL DISTRICTS TO SITE, CONSTRUCT, REHABILITATE AND MAINTAIN SCHOOL
BUILDINGS IN ACCORDANCE WITH SUCH POLICIES.
2. No [schoolhouse] SCHOOL BUILDING shall [hereafter] be SITED,
erected, purchased, repaired, enlarged or remodeled nor shall the adver-
tisement for bids for the execution of the plans and specifications for
such [schoolhouses] SCHOOL BUILDINGS be placed, in any school district
[except in a city school district in a city having seventy thousand
inhabitants or more, at an expense which shall exceed one hundred thou-
sand dollars,] until the plans and specifications shall have been
submitted to the commissioner [of education] and his OR HER approval
endorsed thereon. Such plans and specifications shall show in detail the
ventilation, heating and lighting of such buildings, AND ANY OTHER
DETAILS THE COMMISSIONER SHALL DETERMINE TO BE NECESSARY.
In the case of a school district in a city having seventy thousand
inhabitants or more, all the provisions previously set forth in this
subdivision shall apply, except that the commissioner may waive the
requirement for submission of plans and specifications and substitute
therefor the requirement for submission of an outline of such plans and
specifications for his OR HER review. Such outline shall be in a form
which he OR SHE may prescribe from time to time.
[In either case, the commissioner may, in his discretion, review plans
and specifications for projects estimated at an expense of less than one
hundred thousand dollars.]
In the case of a school district in a city having a million inhabit-
ants or more, all of the provisions previously set forth in this subdi-
vision shall apply, except that such school district shall only be
required to submit an outline of the plans and specifications to the
commissioner [of education] for his OR HER information where a school-
house is to be erected in conjunction with the development of a project
to be developed under the provisions of article two or five of the
private housing finance law and where both the school and the project
are to have rights or interests in the same land, regardless of the
similarity or equality thereof, including fee interests, easements,
space rights or other rights or interests. NOTWITHSTANDING THE FOREGO-
ING PROVISIONS OF THIS PARAGRAPH, EVERY SUCH SCHOOL BUILDING SHALL
COMPLY WITH THE REQUIREMENTS FOR GREEN BUILDINGS AND HEALTHY AND HIGH
PERFORMANCE SCHOOLS AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION.
[2.] 3. The commissioner [of education] shall not approve the plans
for the erection or purchase of any school building or addition thereto
or remodeling thereof unless the same shall provide for [heating, venti-
lation, lighting,] sanitation, storm drainage and health, fire and acci-
dent protection adequate to maintain healthful, safe and comfortable
conditions therein and unless the county superintendent of highways or
commissioner of public works has been advised of the location of all
temporary and permanent entrances and exits upon all public highways and
the storm drainage plan which is to be used.
[3.] 4. The commissioner shall NOT approve the plans and specifica-
tions, [heretofore 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] UNLESS such plans conform to the requirements and
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provisions [of this chapter and the regulations of the commissioner
adopted pursuant to this chapter in all other respects; provided, howev-
er, that] FOR GREEN BUILDINGS, AS DEFINED IN PARAGRAPH TEN OF SUBDIVI-
SION (B) OF SECTION NINETEEN OF THE TAX LAW, AND ANY RULES AND REGU-
LATIONS ADOPTED PURSUANT THERETO, AND TO THE REQUIREMENTS AND PROVISIONS
FOR HEALTHY AND HIGH PERFORMANCE SCHOOLS AS ESTABLISHED IN SUBDIVISION
ONE OF THIS SECTION, AND ANY RULES, REGULATIONS, STANDARDS AND GUIDE-
LINES ADOPTED PURSUANT THERETO. FURTHERMORE, the commissioner [of educa-
tion], IN CONSULTATION WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVA-
TION AND HEALTH, 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; PROXIMITY TO KNOWN ENVIRONMENTAL AND PUBLIC
RISK FACTORS; 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE ENFORCEMENT OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE WITHIN
THE SOLE JURISDICTION AND AT THE SOLE DISCRETION OF THE DEPARTMENT.
[4.] 5. No funds voted by a district meeting or other competent
authority in any school district [to which the provisions of subdivision
one of this section are applicable, exceeding the amounts specified in
such subdivision,] shall be expended by the trustees or board of educa-
tion until the commissioner [of education] shall certify that the plans
and specifications for the same comply with the provisions of this
section.
[5.] 6. In a city having a population of one million or more, all
designing, draughting and inspecting necessary in connection with the
construction, additions to, alterations and maintenance of [schoolhous-
es] SCHOOL BUILDINGS shall be performed by a bureau established and
maintained for this purpose under the board of education. The work of
this bureau shall be performed by civil service employees in the classi-
fied civil service under the direction of the superintendent of school
buildings, design and construction, except that repairs, betterment and
maintenance of heating and ventilating plants and equipment, elevators
and mechanical equipment shall remain under the direction of the super-
intendent of plant operation and maintenance. In a special case upon
approval of the board of estimate, such designing, draughting or
inspecting may be otherwise performed.
[6.] 7. The commissioner [may], IN CONSULTATION WITH THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL promulgate regu-
lations relating to the purchase AND RENOVATION of existing school
buildings. Such regulations shall provide for an appraisal of such
buildings as school buildings and the land on which they are situated as
school sites by the commissioner of taxation and finance, such estimates
of the cost of renovation and construction as may be necessary TO MEET
THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION and limitations on
the cost of acquisition and renovation, in taking into consideration the
age and condition of such existing buildings, in relation to the esti-
mated cost of constructing a new building containing comparable facili-
ties. [Such regulations may also require the prior approval of the
commissioner of any renovations proposed to be made to such existing
school buildings.]
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§ 2. 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], and subject to the approval of the director
of the budget, AND IN ACCORDANCE WITH THE STANDARDS ESTABLISHED FOR
GREEN BUILDINGS, AS DEFINED IN PARAGRAPH TEN OF SUBDIVISION (B) OF
SECTION NINETEEN OF THE TAX LAW, AND THE STANDARDS AND GUIDELINES FOR
HEALTHY AND HIGH PERFORMANCE SCHOOLS ESTABLISHED BY SUBDIVISION ONE OF
SECTION FOUR HUNDRED EIGHT OF THIS ARTICLE, 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 conditions therein. Such plans and specifications
shall be so prepared that any possible future addition to any such
school building may be economically effectuated.] 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], and subject to
approval of the director of the budget, may revise or cancel any of such
sets or prepare new sets.
§ 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of August next succeeding the
date on which it shall have become a law and such section shall apply to
school buildings sited, erected, purchased, repaired, enlarged or remod-
eled on or after such date.