Senate Bill S4462

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4462
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in  relation  to  building  condition
   surveys;  and  to repeal sections 409-d and 409-e of such law relating
   thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph c of subdivision 4 of section 3641 of the educa-
 tion law, as amended by section 48 of part C of chapter 58 of  the  laws
 of 1998, is amended to read as follows:
   c.  Powers  and duties of the commissioner. (1) The commissioner shall
 develop a building condition survey matrix which would be used to assist
 public school districts to develop long  range  facilities  plans  in  a
 consistent format.
   (2)  The commissioner is hereby authorized to enter into the necessary
 contractual agreements with architects and/or  engineers  to  state-wide
 contracts  to  provide building construction surveys on a regional basis
 for a fixed fee per square foot. Such building condition  surveys  shall
 be  used  to assist school districts with the development of their five-
 year capital facilities plan.
   (3) COMMENCING WITH THE TWO  THOUSAND  NINETEEN--TWO  THOUSAND  TWENTY
 SCHOOL  YEAR, THE COMMISSIONER SHALL REQUIRE SCHOOL DISTRICTS TO CONDUCT
 BUILDING CONDITION SURVEYS PURSUANT TO THIS PARAGRAPH IN ACCORDANCE WITH
 A STAGGERED SCHEDULE AS ASSIGNED BY  THE  COMMISSIONER  AND  EVERY  FIVE
 YEARS THEREAFTER. IN ASSIGNING SCHOOL DISTRICTS TO A SCHEDULED YEAR, THE
 COMMISSIONER  SHALL  ENSURE  THAT NO REGION OF THE STATE IS OVER REPRES-
 ENTED IN A GIVEN SCHEDULED YEAR. THE COMMISSIONER  SHALL  ASSIGN  SCHOOL
 DISTRICTS TO CONDUCT BUILDING CONDITION SURVEYS IN THE FOLLOWING MANNER:
   (I)  SCHEDULE A: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE
 COMMISSIONER, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE TWO THOU-
 SAND NINETEEN--TWO THOUSAND TWENTY SCHOOL  YEAR.  THE  REMAINING  SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10559-02-9

 S. 4462                             2
 
 DISTRICTS SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED BY SECTIONS FOUR
 HUNDRED  NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER IN THE TWO THOU-
 SAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR;
   (II) SCHEDULE B: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE
 COMMISSIONER  AND  EXCLUDING  THOSE  SCHOOL DISTRICTS THAT SHALL CONDUCT
 THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A PURSUANT TO  ITEM
 (I)  OF  THIS SUBPARAGRAPH, SHALL CONDUCT A BUILDING CONDITION SURVEY IN
 THE TWO THOUSAND TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR.    THE
 REMAINING  SCHOOL  DISTRICTS,  OTHER  THAN  THOSE ASSIGNED TO SCHEDULE A
 PURSUANT TO ITEM (I)  OF  THIS  SUBPARAGRAPH,  SHALL  CONDUCT  A  VISUAL
 INSPECTION AS REQUIRED PURSUANT TO SECTIONS FOUR HUNDRED NINE-D AND FOUR
 HUNDRED  NINE-E OF THIS CHAPTER IN THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR;
   (III) SCHEDULE C: ONE-FIFTH OF ALL SCHOOL DISTRICTS,  AS  ASSIGNED  BY
 THE COMMISSIONER AND EXCLUDING THOSE SCHOOL DISTRICTS THAT SHALL CONDUCT
 THEIR  BUILDING  CONDITION  SURVEY  PURSUANT TO SCHEDULE A OR SCHEDULE B
 PURSUANT TO ITEMS (I) AND (II) OF THIS  SUBPARAGRAPH,  SHALL  CONDUCT  A
 BUILDING  CONDITION  SURVEY IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO SCHOOL YEAR. THE REMAINING SCHOOL DISTRICTS, OTHER THAN THOSE
 ASSIGNED TO SCHEDULE A AND SCHEDULE B PURSUANT TO ITEMS (I) AND (II)  OF
 THIS SUBPARAGRAPH , SHALL CONDUCT A VISUAL INSPECTION AS REQUIRED PURSU-
 ANT  TO  SECTIONS  FOUR  HUNDRED  NINE-D AND FOUR HUNDRED NINE-E OF THIS
 CHAPTER IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL
 YEAR;
   (IV) SCHEDULE D: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE
 COMMISSIONER  AND  EXCLUDING  THOSE  SCHOOL DISTRICTS THAT SHALL CONDUCT
 THEIR BUILDING CONDITION SURVEY PURSUANT TO SCHEDULE A, SCHEDULE  B,  OR
 SCHEDULE  C PURSUANT TO ITEMS (I), (II), AND (III) OF THIS SUBPARAGRAPH,
 SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE  TWO  THOUSAND  TWENTY-
 TWO--TWO   THOUSAND  TWENTY-THREE  SCHOOL  YEAR.  THE  REMAINING  SCHOOL
 DISTRICTS, OTHER THAN THOSE ASSIGNED TO SCHEDULE A, SCHEDULE B, OR SCHE-
 DULE C PURSUANT TO ITEMS (I), (II),  AND  (III)  OF  THIS  SUBPARAGRAPH,
 SHALL  CONDUCT A VISUAL INSPECTION AS REQUIRED PURSUANT TO SECTIONS FOUR
 HUNDRED NINE-D AND FOUR HUNDRED NINE-E OF THIS CHAPTER IN THE TWO  THOU-
 SAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR;
   (V)  SCHEDULE E: ONE-FIFTH OF ALL SCHOOL DISTRICTS, AS ASSIGNED BY THE
 COMMISSIONER AND EXCLUDING THOSE SCHOOL  DISTRICTS  THAT  SHALL  CONDUCT
 THEIR  BUILDING  CONDITION  SURVEY  PURSUANT  TO SCHEDULE A, SCHEDULE B,
 SCHEDULE C, OR SCHEDULE D PURSUANT TO ITEMS (I), (II), (III),  AND  (IV)
 OF  THIS  SUBPARAGRAPH, SHALL CONDUCT A BUILDING CONDITION SURVEY IN THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
   § 2. Subdivision 6-e of section 3602 of the education law, as  amended
 by chapter 296 of the laws of 2016, is amended to read as follows:
   6-e.  Additional  apportionment of building aid for building condition
 surveys of school buildings. In addition to the  apportionments  payable
 to  a  school  district pursuant to subdivision six of this section, the
 commissioner is hereby authorized to apportion to  any  school  district
 additional  building  aid  in  accordance  with this subdivision for its
 approved expenses in the base year for  building  condition  surveys  of
 school  buildings  that  are  conducted pursuant to this subdivision and
 subdivision four of section thirty-six hundred forty-one of  this  arti-
 cle.  The  amount  of  such apportionment shall equal the product of the
 building aid ratio defined pursuant to paragraph c of subdivision six of
 this section and the actual approved expenses incurred by  the  district
 in  the  base  year for each school building so inspected, provided that
 the amount of such apportionment shall not exceed the building condition

 S. 4462                             3
 
 survey aid ceiling[, and provided further that  such  approved  expenses
 shall include approved expenses for testing of potable water systems for
 lead  contamination pursuant to section eleven hundred ten of the public
 health law]. For surveys conducted in the nineteen hundred ninety-eight-
 -ninety-nine  school  year,  the building condition aid ceiling shall be
 twenty cents gross per square foot of floor area. For surveys  conducted
 in the nineteen hundred ninety-nine--two thousand school year and there-
 after, the inspection aid ceiling shall be twenty cents gross per square
 foot  of  floor  area,  plus  an  amount computed by the commissioner in
 accordance with regulations adopted for such purpose, on the basis of an
 index number reflecting changes in the costs of labor and materials from
 July first, nineteen hundred ninety-eight.
   § 3. Subdivision 6-h of section 3602 of the education law, as added by
 chapter 296 of the laws of 2016, is amended to read as follows:
   6-h. Building aid for testing and filtering of potable  water  systems
 for  lead  contamination. In addition to the apportionments payable to a
 school district pursuant to subdivision six of this section, the commis-
 sioner is hereby authorized to apportion to any  school  district  addi-
 tional  building  aid  pursuant  to  this  subdivision  for its approved
 expenditures, otherwise ineligible for building aid, in  the  base  year
 for  the  testing  of potable water systems required pursuant to section
 eleven hundred ten of the public health law and for the installation  of
 filters  and/or  other effective remedial measures for immediate remedi-
 ation in cases where a finding of lead contamination is made pursuant to
 such section and verified by confirmatory sampling,  provided  that  the
 cost  of  installation  of  such filters and/or other effective remedial
 measures shall be deemed  an  approved  expenditure  only  if  (i)  such
 installation and/or other effective remedial measures have been approved
 or reviewed by a professional with expertise in the field of water qual-
 ity  and remediation and (ii) such cost is incurred prior to July first,
 two thousand nineteen. Such aid shall equal the product of the  building
 aid  ratio  defined  pursuant  to paragraph c of subdivision six of this
 section and the actual approved expenditures incurred in the  base  year
 pursuant  to  this subdivision.   COMMENCING WITH THE TWO THOUSAND NINE-
 TEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND EVERY YEAR  THEREAFTER,  ADDI-
 TIONAL  BUILDING AID PURSUANT TO THIS SUBDIVISION SHALL INCLUDE APPROVED
 EXPENSES FOR TESTING OF POTABLE WATER  SYSTEMS  FOR  LEAD  CONTAMINATION
 PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW.
   §  4.  Section  3602  of  the education law is amended by adding a new
 subdivision 6-i to read as follows:
   6-I. BUILDING AID FOR PERIODIC INSPECTIONS OF PUBLIC SCHOOL BUILDINGS.
 IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A SCHOOL DISTRICT  PURSUANT
 TO  SUBDIVISION  SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY AUTHOR-
 IZED TO APPORTION TO ANY SCHOOL  DISTRICT  ADDITIONAL  BUILDING  AID  IN
 ACCORDANCE  WITH  THIS  SUBDIVISION  FOR  PERIODIC INSPECTIONS OF PUBLIC
 SCHOOL BUILDINGS THAT ARE CONDUCTED PURSUANT TO  SECTIONS  FOUR  HUNDRED
 NINE-D  AND SECTION FOUR HUNDRED NINE-E OF THIS CHAPTER WHICH ARE OTHER-
 WISE INELIGIBLE FOR BUILDING AID, PROVIDED  THAT  ANY  SUCH  INSPECTIONS
 SHALL BE COMPLETED PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-THREE.
   §  5. Paragraph (a) of subdivision 2 of section 409-e of the education
 law, as added by section 1 of part B of chapter 56 of the laws of  1998,
 is amended to read as follows:
   (a)  [Every  public  school  building  shall  be inspected annually in
 accordance with the code, provided however, the]  THE  commissioner  may
 require  [more frequent] PERIODIC inspections OF PUBLIC SCHOOL BUILDINGS

 S. 4462                             4
 
 as deemed necessary to maintain the safety of school buildings  and  the
 welfare of their occupants.
   §  6.  Subdivision 1 of section 409-d of the education law, as amended
 by chapter 437 of the laws of 2014, is amended to read as follows:
   1.  Program establishment. The commissioner is authorized and directed
 to establish, develop and monitor a comprehensive public school building
 safety program which shall include a uniform inspection,  safety  rating
 and  monitoring  system. [Such] UNDER SUCH PROGRAM, THE COMMISSIONER MAY
 REQUIRE PERIODIC INSPECTIONS OF PUBLIC SCHOOL BUILDINGS AS DEEMED NECES-
 SARY TO MAINTAIN THE SAFETY OF SCHOOL BUILDINGS AND THE WELFARE  OF  THE
 OCCUPANTS,  AND  SUCH program shall establish a safety rating system for
 such school buildings to assess the need for maintenance, repairs, reha-
 bilitation, reconstruction, construction and other improvements  related
 to  the  structural integrity and overall safety of public school build-
 ings including but not limited to  building  systems  related  to  elec-
 trical, plumbing, heating, ventilation, and air conditioning, sanitation
 and  health, fire and accident protection; and require that such ratings
 be used for the purpose of developing a buildings  condition  survey  as
 required  pursuant  to  subdivision  four  of section thirty-six hundred
 forty-one of this chapter and a five year facilities  plan  as  required
 pursuant to clause (i) of subparagraph two of paragraph b of subdivision
 six of section thirty-six hundred two of this chapter.
   § 7. Section 409-d of the education law is REPEALED.
   § 8. Section 409-e of the education law is REPEALED.
   §  9.  This act shall take effect immediately; provided, however, that
 sections five and six of this  act  shall  take  effect  July  1,  2019;
 provided,  further, that sections seven and eight of this act shall take
 effect July 1, 2023; provided, further, that the amendments to  subdivi-
 sion 1 of section 409-d of the education law made by section six of this
 act  shall  not  affect  the expiration of such subdivision and shall be
 deemed expired therewith. Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.