S T A T E O F N E W Y O R K
________________________________________________________________________
1765
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, GALEF, PERRY, BRINDISI -- Multi-
Sponsored by -- M. of A. CAHILL, CLARK, COLTON, HOOPER -- 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:
1 Section 1. Section 408 of the education law, subdivisions 1 and 2 as
2 amended by chapter 414 of the laws of 1972, the opening paragraph of
3 subdivision 1 as amended by chapter 315 of the laws of 1990, subdivision
4 3 as amended by section 2 of part A-1 of chapter 58 of the laws of 2006,
5 subdivision 4 as amended by chapter 801 of the laws of 1951 and subdivi-
6 sion 6 as amended by chapter 385 of the laws of 1994 and as further
7 amended by subdivision (d) of section 1 of part W of chapter 56 of the
8 laws of 2010, is amended to read as follows:
9 S 408. [Plans] APPROVAL OF PLANS and specifications of school build-
10 ings [must be approved by commissioner of education]. 1. THE LEGISLA-
11 TURE HEREBY DECLARES IT TO BE THE POLICY OF THE STATE TO REQUIRE THE
12 SITING, CONSTRUCTION, REHABILITATION AND MAINTENANCE OF HEALTHY AND HIGH
13 PERFORMANCE SCHOOL BUILDINGS IN THIS STATE IN SUCH A MANNER AS TO:
14 A. PROMOTE BETTER ENVIRONMENTAL STANDARDS FOR THE SITING,
15 CONSTRUCTION, REHABILITATION AND MAINTENANCE OF SCHOOL BUILDINGS IN THE
16 STATE;
17 B. IMPROVE ENERGY EFFICIENCY AND INCREASE GENERATION OF ENERGY THROUGH
18 RENEWABLE AND CLEAN ENERGY TECHNOLOGIES;
19 C. INCREASE THE DEMAND FOR ENVIRONMENTALLY PREFERABLE BUILDING MATERI-
20 ALS, FINISHES AND FURNISHINGS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05711-01-3
A. 1765 2
1 D. IMPROVE THE ENVIRONMENT BY DECREASING THE DISCHARGE OF POLLUTANTS
2 INTO AND FROM SCHOOL BUILDINGS;
3 E. CREATE INDUSTRY AND PUBLIC AWARENESS OF NEW TECHNOLOGIES THAT CAN
4 ASSURE THAT ALL SCHOOLS ARE HEALTHY AND HIGH PERFORMANCE; AND
5 F. IMPROVE THE HEALTH AND PRODUCTIVITY OF STUDENTS, TEACHERS AND
6 SCHOOL EMPLOYEES.
7 IN ORDER TO FACILITATE SUCH POLICIES, THE LEGISLATURE HEREBY DIRECTS
8 SCHOOL DISTRICTS TO SITE, CONSTRUCT, REHABILITATE AND MAINTAIN SCHOOL
9 BUILDINGS IN ACCORDANCE WITH SUCH POLICIES.
10 2. No [schoolhouse] SCHOOL BUILDING shall [hereafter] be SITED,
11 erected, purchased, repaired, enlarged or remodeled nor shall the adver-
12 tisement for bids for the execution of the plans and specifications for
13 such [schoolhouses] SCHOOL BUILDINGS be placed, in any school district
14 [except in a city school district in a city having seventy thousand
15 inhabitants or more, at an expense which shall exceed one hundred thou-
16 sand dollars,] until the plans and specifications shall have been
17 submitted to the commissioner [of education] and his OR HER approval
18 endorsed thereon. Such plans and specifications shall show in detail the
19 ventilation, heating and lighting of such buildings, AND ANY OTHER
20 DETAILS THE COMMISSIONER SHALL DETERMINE TO BE NECESSARY.
21 In the case of a school district in a city having seventy thousand
22 inhabitants or more, all the provisions previously set forth in this
23 subdivision shall apply, except that the commissioner may waive the
24 requirement for submission of plans and specifications and substitute
25 therefor the requirement for submission of an outline of such plans and
26 specifications for his OR HER review. Such outline shall be in a form
27 which he OR SHE may prescribe from time to time.
28 [In either case, the commissioner may, in his discretion, review plans
29 and specifications for projects estimated at an expense of less than one
30 hundred thousand dollars.]
31 In the case of a school district in a city having a million inhabit-
32 ants or more, all of the provisions previously set forth in this subdi-
33 vision shall apply, except that such school district shall only be
34 required to submit an outline of the plans and specifications to the
35 commissioner [of education] for his OR HER information where a school-
36 house is to be erected in conjunction with the development of a project
37 to be developed under the provisions of article two or five of the
38 private housing finance law and where both the school and the project
39 are to have rights or interests in the same land, regardless of the
40 similarity or equality thereof, including fee interests, easements,
41 space rights or other rights or interests. NOTWITHSTANDING THE FOREGO-
42 ING PROVISIONS OF THIS PARAGRAPH, EVERY SUCH SCHOOL BUILDING SHALL
43 COMPLY WITH THE REQUIREMENTS FOR GREEN BUILDINGS AND HEALTHY AND HIGH
44 PERFORMANCE SCHOOLS AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION.
45 [2] 3. The commissioner [of education] shall not approve the plans
46 for the erection or purchase of any school building or addition thereto
47 or remodeling thereof unless the same shall provide for [heating, venti-
48 lation, lighting,] sanitation, storm drainage and health, fire and acci-
49 dent protection adequate to maintain healthful, safe and comfortable
50 conditions therein and unless the county superintendent of highways or
51 commissioner of public works has been advised of the location of all
52 temporary and permanent entrances and exits upon all public highways and
53 the storm drainage plan which is to be used.
54 [3] 4. The commissioner shall NOT approve the plans and specifica-
55 tions, [heretofore or hereafter] submitted pursuant to this section, for
56 the erection or purchase of any school building or addition thereto or
A. 1765 3
1 remodeling thereof on the site or sites selected therefor pursuant to
2 this chapter, [if] UNLESS such plans conform to the requirements and
3 provisions [of this chapter and the regulations of the commissioner
4 adopted pursuant to this chapter in all other respects; provided, howev-
5 er, that] FOR GREEN BUILDINGS, AS DEFINED IN PARAGRAPH TEN OF SUBDIVI-
6 SION (B) OF SECTION NINETEEN OF THE TAX LAW, AND ANY RULES AND REGU-
7 LATIONS ADOPTED PURSUANT THERETO, AND TO THE REQUIREMENTS AND PROVISIONS
8 FOR HEALTHY AND HIGH PERFORMANCE SCHOOLS AS ESTABLISHED IN SUBDIVISION
9 ONE OF THIS SECTION, AND ANY RULES, REGULATIONS, STANDARDS AND GUIDE-
10 LINES ADOPTED PURSUANT THERETO. FURTHERMORE, the commissioner [of educa-
11 tion], IN CONSULTATION WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVA-
12 TION AND HEALTH, shall not approve the plans for the erection or
13 purchase of any school building or addition thereto unless the site has
14 been selected with reasonable consideration of the following factors;
15 its place in a comprehensive, long-term school building program; area
16 required for outdoor educational activities; educational adaptability,
17 environment, accessibility; PROXIMITY TO KNOWN ENVIRONMENTAL AND PUBLIC
18 RISK FACTORS; soil conditions; initial and ultimate cost. In developing
19 such plans and specifications, school districts are encouraged to review
20 the energy conservation and saving best practices available from the
21 department and the New York state energy research and development
22 authority. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
23 THE ENFORCEMENT OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE WITHIN
24 THE SOLE JURISDICTION AND AT THE SOLE DISCRETION OF THE DEPARTMENT.
25 [4] 5. No funds voted by a district meeting or other competent author-
26 ity in any school district [to which the provisions of subdivision one
27 of this section are applicable, exceeding the amounts specified in such
28 subdivision,] shall be expended by the trustees or board of education
29 until the commissioner [of education] shall certify that the plans and
30 specifications for the same comply with the provisions of this section.
31 [5] 6. In a city having a population of one million or more, all
32 designing, draughting and inspecting necessary in connection with the
33 construction, additions to, alterations and maintenance of [schoolhous-
34 es] SCHOOL BUILDINGS shall be performed by a bureau established and
35 maintained for this purpose under the board of education. The work of
36 this bureau shall be performed by civil service employees in the classi-
37 fied civil service under the direction of the superintendent of school
38 buildings, design and construction, except that repairs, betterment and
39 maintenance of heating and ventilating plants and equipment, elevators
40 and mechanical equipment shall remain under the direction of the super-
41 intendent of plant operation and maintenance. In a special case upon
42 approval of the board of estimate, such designing, draughting or
43 inspecting may be otherwise performed.
44 [6.] 7. The commissioner [may], IN CONSULTATION WITH THE NEW YORK
45 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL promulgate regu-
46 lations relating to the purchase AND RENOVATION of existing school
47 buildings. Such regulations shall provide for an appraisal of such
48 buildings as school buildings and the land on which they are situated as
49 school sites by the commissioner of taxation and finance, such estimates
50 of the cost of renovation and construction as may be necessary TO MEET
51 THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION and limitations on
52 the cost of acquisition and renovation, in taking into consideration the
53 age and condition of such existing buildings, in relation to the esti-
54 mated cost of constructing a new building containing comparable facili-
55 ties. [Such regulations may also require the prior approval of the
A. 1765 4
1 commissioner of any renovations proposed to be made to such existing
2 school buildings.]
3 S 2. Subdivision 1 of section 408-a of the education law, as amended
4 by chapter 420 of the laws of 1968, is amended to read as follows:
5 1. The commissioner of general services, after consultation with the
6 commissioner [of education], and subject to the approval of the director
7 of the budget, AND IN ACCORDANCE WITH THE STANDARDS ESTABLISHED FOR
8 GREEN BUILDINGS, AS DEFINED IN PARAGRAPH TEN OF SUBDIVISION (B) OF
9 SECTION NINETEEN OF THE TAX LAW, AND THE STANDARDS AND GUIDELINES FOR
10 HEALTHY AND HIGH PERFORMANCE SCHOOLS ESTABLISHED BY SUBDIVISION ONE OF
11 SECTION FOUR HUNDRED EIGHT OF THIS ARTICLE, shall promptly prepare or
12 acquire as many master sets of complete plans and specifications for the
13 construction of new school buildings and appurtenant facilities as shall
14 be sufficient to provide at least six different master sets each for
15 elementary, junior high and high schools, based on the number of pupils
16 to be accommodated therein. [Such plans and specifications shall be
17 prepared so as to provide adequate classrooms and other necessary space
18 and facilities at the lowest cost consistent with sound construction
19 principles and practices, and the attainment of educational objectives,
20 and shall provide for heating, ventilation, lighting, sanitation and
21 health, fire and accident protection adequate to maintain healthful,
22 safe, and comfortable conditions therein. Such plans and specifications
23 shall be so prepared that any possible future addition to any such
24 school building may be economically effectuated.] In addition, the
25 commissioner of general services shall, as often as he OR SHE deems
26 advisable but at least annually, review such master sets and, after
27 consultation with the commissioner [of education], and subject to
28 approval of the director of the budget, may revise or cancel any of such
29 sets or prepare new sets.
30 S 3. This act shall take effect immediately, except that section one
31 of this act shall take effect on the first of August next succeeding the
32 date on which it shall have become a law and such section shall apply to
33 school buildings sited, erected, purchased, repaired, enlarged or remod-
34 eled on or after such date.