S T A T E O F N E W Y O R K ________________________________________________________________________ 3757 2011-2012 Regular Sessions I N A S S E M B L Y January 27, 2011 ___________ Introduced by M. of A. ENGLEBRIGHT -- 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, is amended to read 7 as follows: 8 S 408. [Plans] APPROVAL OF PLANS and specifications of school build- 9 ings [must be approved by commissioner of education]. 1. THE LEGISLA- 10 TURE HEREBY DECLARES IT TO BE THE POLICY OF THE STATE TO REQUIRE THE 11 SITING, CONSTRUCTION, REHABILITATION AND MAINTENANCE OF HEALTHY AND HIGH 12 PERFORMANCE SCHOOL BUILDINGS IN THIS STATE IN SUCH A MANNER AS TO: 13 A. PROMOTE BETTER ENVIRONMENTAL STANDARDS FOR THE SITING, 14 CONSTRUCTION, REHABILITATION AND MAINTENANCE OF SCHOOL BUILDINGS IN THE 15 STATE; 16 B. IMPROVE ENERGY EFFICIENCY AND INCREASE GENERATION OF ENERGY THROUGH 17 RENEWABLE AND CLEAN ENERGY TECHNOLOGIES; 18 C. INCREASE THE DEMAND FOR ENVIRONMENTALLY PREFERABLE BUILDING MATERI- 19 ALS, FINISHES AND FURNISHINGS; 20 D. IMPROVE THE ENVIRONMENT BY DECREASING THE DISCHARGE OF POLLUTANTS 21 INTO AND FROM SCHOOL BUILDINGS; 22 E. CREATE INDUSTRY AND PUBLIC AWARENESS OF NEW TECHNOLOGIES THAT CAN 23 ASSURE THAT ALL SCHOOLS ARE HEALTHY AND HIGH PERFORMANCE; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06008-01-1 A. 3757 2 1 F. IMPROVE THE HEALTH AND PRODUCTIVITY OF STUDENTS, TEACHERS AND 2 SCHOOL EMPLOYEES. 3 IN ORDER TO FACILITATE SUCH POLICIES, THE LEGISLATURE HEREBY DIRECTS 4 SCHOOL DISTRICTS TO SITE, CONSTRUCT, REHABILITATE AND MAINTAIN SCHOOL 5 BUILDINGS IN ACCORDANCE WITH SUCH POLICIES. 6 2. No [schoolhouse] SCHOOL BUILDING shall [hereafter] be SITED, 7 erected, purchased, repaired, enlarged or remodeled nor shall the adver- 8 tisement for bids for the execution of the plans and specifications for 9 such [schoolhouses] SCHOOL BUILDINGS be placed, in any school district 10 [except in a city school district in a city having seventy thousand 11 inhabitants or more, at an expense which shall exceed one hundred thou- 12 sand dollars,] until the plans and specifications shall have been 13 submitted to the commissioner [of education] and his OR HER approval 14 endorsed thereon. Such plans and specifications shall show in detail the 15 ventilation, heating and lighting of such buildings, AND ANY OTHER 16 DETAILS THE COMMISSIONER SHALL DETERMINE TO BE NECESSARY. 17 In the case of a school district in a city having seventy thousand 18 inhabitants or more, all the provisions previously set forth in this 19 subdivision shall apply, except that the commissioner may waive the 20 requirement for submission of plans and specifications and substitute 21 therefor the requirement for submission of an outline of such plans and 22 specifications for his OR HER review. Such outline shall be in a form 23 which he OR SHE may prescribe from time to time. 24 [In either case, the commissioner may, in his discretion, review plans 25 and specifications for projects estimated at an expense of less than one 26 hundred thousand dollars.] 27 In the case of a school district in a city having a million inhabit- 28 ants or more, all of the provisions previously set forth in this subdi- 29 vision shall apply, except that such school district shall only be 30 required to submit an outline of the plans and specifications to the 31 commissioner [of education] for his OR HER information where a school- 32 house is to be erected in conjunction with the development of a project 33 to be developed under the provisions of article two or five of the 34 private housing finance law and where both the school and the project 35 are to have rights or interests in the same land, regardless of the 36 similarity or equality thereof, including fee interests, easements, 37 space rights or other rights or interests. NOTWITHSTANDING THE FOREGO- 38 ING PROVISIONS OF THIS PARAGRAPH, EVERY SUCH SCHOOL BUILDING SHALL 39 COMPLY WITH THE REQUIREMENTS FOR GREEN BUILDINGS AND HEALTHY AND HIGH 40 PERFORMANCE SCHOOLS AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION. 41 [2] 3. The commissioner [of education] shall not approve the plans 42 for the erection or purchase of any school building or addition thereto 43 or remodeling thereof unless the same shall provide for [heating, venti- 44 lation, lighting,] sanitation, storm drainage and health, fire and acci- 45 dent protection adequate to maintain healthful, safe and comfortable 46 conditions therein and unless the county superintendent of highways or 47 commissioner of public works has been advised of the location of all 48 temporary and permanent entrances and exits upon all public highways and 49 the storm drainage plan which is to be used. 50 [3] 4. The commissioner shall NOT approve the plans and specifica- 51 tions, [heretofore or hereafter] submitted pursuant to this section, for 52 the erection or purchase of any school building or addition thereto or 53 remodeling thereof on the site or sites selected therefor pursuant to 54 this chapter, [if] UNLESS such plans conform to the requirements and 55 provisions [of this chapter and the regulations of the commissioner 56 adopted pursuant to this chapter in all other respects; provided, howev- A. 3757 3 1 er, that] FOR GREEN BUILDINGS, AS DEFINED IN PARAGRAPH TEN OF SUBDIVI- 2 SION (B) OF SECTION NINETEEN OF THE TAX LAW, AND ANY RULES AND REGU- 3 LATIONS ADOPTED PURSUANT THERETO, AND TO THE REQUIREMENTS AND PROVISIONS 4 FOR HEALTHY AND HIGH PERFORMANCE SCHOOLS AS ESTABLISHED IN SUBDIVISION 5 ONE OF THIS SECTION, AND ANY RULES, REGULATIONS, STANDARDS AND GUIDE- 6 LINES ADOPTED PURSUANT THERETO. FURTHERMORE, the commissioner [of educa- 7 tion], IN CONSULTATION WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVA- 8 TION AND HEALTH, shall not approve the plans for the erection or 9 purchase of any school building or addition thereto unless the site has 10 been selected with reasonable consideration of the following factors; 11 its place in a comprehensive, long-term school building program; area 12 required for outdoor educational activities; educational adaptability, 13 environment, accessibility; PROXIMITY TO KNOWN ENVIRONMENTAL AND PUBLIC 14 RISK FACTORS; soil conditions; initial and ultimate cost. In developing 15 such plans and specifications, school districts are encouraged to review 16 the energy conservation and saving best practices available from the 17 department and the New York state energy research and development 18 authority. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, 19 THE ENFORCEMENT OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE WITHIN 20 THE SOLE JURISDICTION AND AT THE SOLE DISCRETION OF THE DEPARTMENT. 21 [4] 5. No funds voted by a district meeting or other competent author- 22 ity in any school district [to which the provisions of subdivision one 23 of this section are applicable, exceeding the amounts specified in such 24 subdivision,] shall be expended by the trustees or board of education 25 until the commissioner [of education] shall certify that the plans and 26 specifications for the same comply with the provisions of this section. 27 [5] 6. In a city having a population of one million or more, all 28 designing, draughting and inspecting necessary in connection with the 29 construction, additions to, alterations and maintenance of [schoolhous- 30 es] SCHOOL BUILDINGS shall be performed by a bureau established and 31 maintained for this purpose under the board of education. The work of 32 this bureau shall be performed by civil service employees in the classi- 33 fied civil service under the direction of the superintendent of school 34 buildings, design and construction, except that repairs, betterment and 35 maintenance of heating and ventilating plants and equipment, elevators 36 and mechanical equipment shall remain under the direction of the super- 37 intendent of plant operation and maintenance. In a special case upon 38 approval of the board of estimate, such designing, draughting or 39 inspecting may be otherwise performed. 40 [6] 7. The commissioner [may], IN CONSULTATION WITH THE NEW YORK 41 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL promulgate regu- 42 lations relating to the purchase AND RENOVATION of existing school 43 buildings. Such regulations shall provide for an appraisal of such 44 buildings as school buildings and the land on which they are situated as 45 school sites by the state board of real property services, such esti- 46 mates of the cost of renovation and construction as may be necessary TO 47 MEET THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION and limitations 48 on the cost of acquisition and renovation, in taking into consideration 49 the age and condition of such existing buildings, in relation to the 50 estimated cost of constructing a new building containing comparable 51 facilities. [Such regulations may also require the prior approval of the 52 commissioner of any renovations proposed to be made to such existing 53 school buildings.] 54 S 2. Subdivision 1 of section 408-a of the education law, as amended 55 by chapter 420 of the laws of 1968, is amended to read as follows: A. 3757 4 1 1. The commissioner of general services, after consultation with the 2 commissioner [of education], and subject to the approval of the director 3 of the budget, AND IN ACCORDANCE WITH THE STANDARDS ESTABLISHED FOR 4 GREEN BUILDINGS, AS DEFINED IN PARAGRAPH TEN OF SUBDIVISION (B) OF 5 SECTION NINETEEN OF THE TAX LAW, AND THE STANDARDS AND GUIDELINES FOR 6 HEALTHY AND HIGH PERFORMANCE SCHOOLS ESTABLISHED BY SUBDIVISION ONE OF 7 SECTION FOUR HUNDRED EIGHT OF THIS ARTICLE, shall promptly prepare or 8 acquire as many master sets of complete plans and specifications for the 9 construction of new school buildings and appurtenant facilities as shall 10 be sufficient to provide at least six different master sets each for 11 elementary, junior high and high schools, based on the number of pupils 12 to be accommodated therein. [Such plans and specifications shall be 13 prepared so as to provide adequate classrooms and other necessary space 14 and facilities at the lowest cost consistent with sound construction 15 principles and practices, and the attainment of educational objectives, 16 and shall provide for heating, ventilation, lighting, sanitation and 17 health, fire and accident protection adequate to maintain healthful, 18 safe, and comfortable conditions therein. Such plans and specifications 19 shall be so prepared that any possible future addition to any such 20 school building may be economically effectuated.] In addition, the 21 commissioner of general services shall, as often as he OR SHE deems 22 advisable but at least annually, review such master sets and, after 23 consultation with the commissioner [of education], and subject to 24 approval of the director of the budget, may revise or cancel any of such 25 sets or prepare new sets. 26 S 3. This act shall take effect immediately, except that section one 27 of this act shall take effect on the first of August next succeeding the 28 date on which it shall have become a law and such section shall apply to 29 school buildings sited, erected, purchased, repaired, enlarged or remod- 30 eled on or after such date.