NY State Senate Bill 2019-S3783

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Feb 14, 2019	referred to education

co-Sponsors

2019-S3783 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§408 & 408-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5113
2015-2016: S2604
2017-2018: S1970, S7251

2019-S3783 (ACTIVE) - Summary

Establishes the green schools New York act, requiring schools to comply with the criteria established in the department's manual of planning standards - appendix: NY - CHPS High Performance Schools Guidelines.

2019-S3783 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3783

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the education law, in relation to
establishing the green schools New York act

 
PURPOSE OR GENERAL IDEA OF BILL:

To require new construction and substantial reconstruction projects of
public school buildings undertaken by school districts and city school
districts to comply with green building standards, as established by the
New York State Department of Education (NYSED) in the department's manu-
al of planning standards appendix: NY - CHPS (Most Current Version) High
Performance School Guidelines.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill establishes that the bill shall be cited as the
Green Schools New York Act.

Section 2 amends 5 408 of the education law by adding new subsection

3-a, which requires state school districts to comply with the energy
conservation practices and standards established in the department's
manual of planning standards - appendix: NY - CHPS (Most Current
Version): High Performance Schools Guidelines.

Section 3 of the bill amends 408-a of the education law by giving the
commissioner of education, in consultation with The New York Energy
Research and Development Authority (NYSERDA) authority to make plans and
specifications for the construction of new school buildings consistent
with the department's manual of planning standards - appendix: NY - CHPS
(Most Current Version): High Performance School Guidelines. The commis-
sioner of education shall, as often as he or she deems advisable but at
least annually, review such master sets and, after consultation with
NYSERDA, and subject to approval of the director of the budget, may
revise or cancel any of such sets or prepare new sets.

Section 4 establishes this act to take effect on the three hundred
sixty-fifth day after it shall have become a Law; provided that NYSED is
authorized to promulgate, amend or repeal any rule or regulation which
it deems necessary or appropriate to implement this act.

 
JUSTIFICATION:

NYSED published the New York High Performance Schools Guidelines
(NY-CHPS) in 2007 as a voluntary Appendix to the NYSED Manual of Plan-
ning Standards NYSERDA provides the NY-CHPS Verification Program offer-
ing no-cost, third party verification of compliance with NY-CHPS as well
as support and training programs for districts, professional design
teams and contractors.

Research has found that schools can be built and renovated using high-
performance methods that save money, improve school performance and make
teachers, staff, and students more productive. High performance school
buildings are proven to increase student test scores, reduce worker
absenteeism; improve teacher and staff retention and cut energy and
utility costs. Several states already have policies that require green
building practices for public schools, including, California, New
Jersey, Ohio and Washington. Green buildings use resources, including
energy, water, materials and land more efficiently and effectively and
provide healthier environments for working, learning and living.  Green
buildings minimize the negative environmental consequences by lessening
changes to the natural environment; using recycled or recyclable materi-
al; incorporating renewable and energy efficient power generation
systems; using water resources more efficiently and producing less
waste. Green school buildings provide employees and students with a
healthier indoor work environment by effectively controlling air venti-
lation systems and using alternative paints, finishes, adhesives, furni-
ture, and fabrics that do not negatively affect air quality. By building
green, school districts can save money by reducing maintenance costs and
create sustainable buildings, which would foster new developments in
green technologies.

New York was among the first states in the nation to offer a tax incen-
tive program for the developers and builders of environmentally friendly
buildings. New York has signed into law measures intended to encourage
building owners and developers to design, construct and operate build-
ings that are more in harmony with the environment. The purpose of this
act is to implement the development of high performance green school
buildings by the State's school districts.

 
PRIOR LEGISLATION:

2013-14 (LATIMER) REFERRED TO EDUCATION
2013-14 (Lupardo) Referred to education
2015-16( LATIMER) REFERRED TO EDUCATION S2604
2015-16 (Lupardo) Referred to education A3103
2017-18: 5.7251 Referred to Education

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect 365 days after enactment.

2019-S3783 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3783
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by Sens. KENNEDY, ADDABBO -- 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 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".
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04196-01-9

 S. 3783                             2
 
 CRITERIA ESTABLISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS  -
 APPENDIX: NY - CHPS HIGH PERFORMANCE SCHOOLS GUIDELINES.
   §  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.
   §  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.

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Senate Bill S3783

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2019-S3783 (ACTIVE) - Details

2019-S3783 (ACTIVE) - Summary

2019-S3783 (ACTIVE) - Sponsor Memo

2019-S3783 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3783

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

Joseph P. Addabbo Jr.

2019-S3783 (ACTIVE) - Details

2019-S3783 (ACTIVE) - Summary

2019-S3783 (ACTIVE) - Sponsor Memo

2019-S3783 (ACTIVE) - Bill Text download pdf

Comments