S T A T E O F N E W Y O R K ________________________________________________________________________ 185--A 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. LATIMER -- read once and referred to the Commit- tee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the applicability of noise ordinances on school construction work sites THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new section 408-c 2 to read as follows: 3 S 408-C. GUIDELINES RELATING TO NOISE AND WORK HOURS ON SCHOOL 4 CONSTRUCTION SITES. 1. THE DEPARTMENT SHALL ISSUE GUIDELINES FOR PUBLIC 5 SCHOOL DISTRICT CONSTRUCTION AS IT PERTAINS TO NOISE LEVELS AND HOURS OF 6 WORK. GUIDELINES SHALL SPECIFY THAT RECOMMENDED HOURS OF WORK ARE 7 BETWEEN SEVEN O'CLOCK A.M. AND SEVEN O'CLOCK P.M. SHOULD WORK OCCUR 8 OUTSIDE THESE HOURS, RECOMMENDED NOISE LEVELS AFTER SEVEN O'CLOCK P.M. 9 OR BEFORE SEVEN O'CLOCK A.M. SHOULD BE CONSISTENT WITH MANDATES ISSUED 10 BY THE DEPARTMENT FOR CONSTRUCTION OCCURRING DURING SCHOOL HOURS. 11 2. THE DEPARTMENT SHALL ISSUE GUIDELINES PROVIDING FOR THE DISSEM- 12 INATION OF GUIDELINES FOR SCHOOL DISTRICT CONSTRUCTION AS THEY PERTAIN 13 TO NOISE AND HOURS OF WORK. DISSEMINATION SHALL INCLUDE PROMINENTLY 14 POSTING THE OFFICE WITHIN THE DEPARTMENT RESPONSIBLE FOR FIELDING 15 COMPLAINTS REGARDING NOISE LEVELS OR WORK HOURS ON THE DEPARTMENT'S 16 WEBSITE AND INCLUDING INFORMATION IN THE DEPARTMENT'S NEWSLETTER. 17 3. WHILE THE DEPARTMENT IS NOT RESPONSIBLE FOR ROUTINELY MONITORING 18 ADHERENCE TO GUIDELINES, IT WILL WORK TO MAINTAIN POSITIVE COMMUNITY 19 RELATIONS BETWEEN LOCAL RESIDENTS AND SCHOOL DISTRICTS WHEN DISPUTES 20 ARISE OVER SCHOOL CONSTRUCTION. 21 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00158-05-9