Bill Text: NY A04724 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the plans and specifications for the siting, erection, purchase, repair, enlargement or remodeling of school buildings in every school district to be subject to the approval of the commissioner of education for a determination that such plans and specifications are consistent with the standards for "green buildings" and for healthy and high performance schools.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A04724 Detail]

Download: New_York-2019-A04724-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4724
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M. of A. ENGLEBRIGHT, GALEF, PERRY -- Multi-Sponsored by
          -- M. of A.  CAHILL, COLTON -- 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    § 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;
    21    d. improve the environment by decreasing the discharge  of  pollutants
    22  into and from school buildings;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08817-01-9

        A. 4724                             2
     1    e.  create  industry and public awareness of new technologies that can
     2  assure that all schools are healthy and high performance; and
     3    f.  improve  the  health  and  productivity  of students, teachers and
     4  school employees.
     5    In order to facilitate such policies, the legislature  hereby  directs
     6  school  districts  to  site, construct, rehabilitate and maintain school
     7  buildings in accordance with such policies.
     8    2. No  [schoolhouse]  school  building  shall  [hereafter]  be  sited,
     9  erected, purchased, repaired, enlarged or remodeled nor shall the adver-
    10  tisement  for bids for the execution of the plans and specifications for
    11  such [schoolhouses] school buildings be placed, in any  school  district
    12  [except  in  a  city  school  district in a city having seventy thousand
    13  inhabitants or more, at an expense which shall exceed one hundred  thou-
    14  sand  dollars,]  until  the  plans  and  specifications  shall have been
    15  submitted to the commissioner [of education] and  his  or  her  approval
    16  endorsed thereon. Such plans and specifications shall show in detail the
    17  ventilation,  heating  and  lighting  of  such  buildings, and any other
    18  details the commissioner shall determine to be necessary.
    19    In the case of a school district in a  city  having  seventy  thousand
    20  inhabitants  or  more,  all  the provisions previously set forth in this
    21  subdivision shall apply, except that  the  commissioner  may  waive  the
    22  requirement  for  submission  of plans and specifications and substitute
    23  therefor the requirement for submission of an outline of such plans  and
    24  specifications  for  his  or her review. Such outline shall be in a form
    25  which he or she may prescribe from time to time.
    26    [In either case, the commissioner may, in his discretion, review plans
    27  and specifications for projects estimated at an expense of less than one
    28  hundred thousand dollars.]
    29    In the case of a school district in a city having a  million  inhabit-
    30  ants  or more, all of the provisions previously set forth in this subdi-
    31  vision shall apply, except that  such  school  district  shall  only  be
    32  required  to  submit  an  outline of the plans and specifications to the
    33  commissioner [of education] for his or her information where  a  school-
    34  house  is to be erected in conjunction with the development of a project
    35  to be developed under the provisions of  article  two  or  five  of  the
    36  private  housing  finance  law and where both the school and the project
    37  are to have rights or interests in the  same  land,  regardless  of  the
    38  similarity  or  equality  thereof,  including  fee interests, easements,
    39  space rights or other rights or interests.  Notwithstanding the  forego-
    40  ing  provisions  of  this  paragraph,  every  such school building shall
    41  comply with the requirements for green buildings and  healthy  and  high
    42  performance schools as defined in subdivision four of this section.
    43    [2.]  3.  The  commissioner [of education] shall not approve the plans
    44  for the erection or purchase of any school building or addition  thereto
    45  or remodeling thereof unless the same shall provide for [heating, venti-
    46  lation, lighting,] sanitation, storm drainage and health, fire and acci-
    47  dent  protection  adequate  to  maintain healthful, safe and comfortable
    48  conditions therein and unless the county superintendent of  highways  or
    49  commissioner  of  public  works  has been advised of the location of all
    50  temporary and permanent entrances and exits upon all public highways and
    51  the storm drainage plan which is to be used.
    52    [3.] 4. The commissioner shall not approve the  plans  and  specifica-
    53  tions, [heretofore or hereafter] submitted pursuant to this section, for
    54  the  erection  or purchase of any school building or addition thereto or
    55  remodeling thereof on the site or sites selected  therefor  pursuant  to
    56  this  chapter,  [if]  unless  such plans conform to the requirements and

        A. 4724                             3
     1  provisions [of this chapter and  the  regulations  of  the  commissioner
     2  adopted pursuant to this chapter in all other respects; provided, howev-
     3  er,  that]  for green buildings, as defined in paragraph ten of subdivi-
     4  sion  (b)  of  section  nineteen of the tax law, and any rules and regu-
     5  lations adopted pursuant thereto, and to the requirements and provisions
     6  for healthy and high performance schools as established  in  subdivision
     7  one  of  this  section, and any rules, regulations, standards and guide-
     8  lines adopted pursuant thereto. Furthermore, the commissioner [of educa-
     9  tion], in consultation with the commissioners of environmental conserva-
    10  tion and health, shall  not  approve  the  plans  for  the  erection  or
    11  purchase  of any school building or addition thereto unless the site has
    12  been selected with reasonable consideration of  the  following  factors;
    13  its  place  in  a comprehensive, long-term school building program; area
    14  required for outdoor educational activities;  educational  adaptability,
    15  environment,  accessibility; proximity to known environmental and public
    16  risk factors; soil conditions; initial and ultimate cost. In  developing
    17  such plans and specifications, school districts are encouraged to review
    18  the  energy  conservation  and  saving best practices available from the
    19  department and the  New  York  state  energy  research  and  development
    20  authority.   Notwithstanding any other provision of law to the contrary,
    21  the enforcement of the provisions of this subdivision  shall  be  within
    22  the sole jurisdiction and at the sole discretion of the department.
    23    [4.]  5.  No  funds  voted  by  a  district meeting or other competent
    24  authority in any school district [to which the provisions of subdivision
    25  one of this section are applicable, exceeding the amounts  specified  in
    26  such  subdivision,] shall be expended by the trustees or board of educa-
    27  tion until the commissioner [of education] shall certify that the  plans
    28  and  specifications  for  the  same  comply  with the provisions of this
    29  section.
    30    [5.] 6. In a city having a population of  one  million  or  more,  all
    31  designing,  draughting  and  inspecting necessary in connection with the
    32  construction, additions to, alterations and maintenance of  [schoolhous-
    33  es]  school  buildings  shall  be  performed by a bureau established and
    34  maintained for this purpose under the board of education.  The  work  of
    35  this bureau shall be performed by civil service employees in the classi-
    36  fied  civil  service under the direction of the superintendent of school
    37  buildings, design and construction, except that repairs, betterment  and
    38  maintenance  of  heating and ventilating plants and equipment, elevators
    39  and mechanical equipment shall remain under the direction of the  super-
    40  intendent  of  plant  operation  and maintenance. In a special case upon
    41  approval of  the  board  of  estimate,  such  designing,  draughting  or
    42  inspecting may be otherwise performed.
    43    [6.]  7.  The  commissioner  [may],  in consultation with the New York
    44  state energy research and development authority, shall promulgate  regu-
    45  lations  relating  to  the  purchase  and  renovation of existing school
    46  buildings. Such regulations shall  provide  for  an  appraisal  of  such
    47  buildings as school buildings and the land on which they are situated as
    48  school sites by the commissioner of taxation and finance, such estimates
    49  of  the  cost of renovation and construction as may be necessary to meet
    50  the requirements of subdivision one of this section and  limitations  on
    51  the cost of acquisition and renovation, in taking into consideration the
    52  age  and  condition of such existing buildings, in relation to the esti-
    53  mated cost of constructing a new building containing comparable  facili-
    54  ties.  [Such  regulations  may  also  require  the prior approval of the
    55  commissioner of any renovations proposed to be  made  to  such  existing
    56  school buildings.]

        A. 4724                             4
     1    §  2.  Subdivision 1 of section 408-a of the education law, as amended
     2  by chapter 420 of the laws of 1968, is amended to read as follows:
     3    1.  The  commissioner of general services, after consultation with the
     4  commissioner [of education], and subject to the approval of the director
     5  of the budget, and in accordance  with  the  standards  established  for
     6  green  buildings,  as  defined  in  paragraph  ten of subdivision (b) of
     7  section nineteen of the tax law, and the standards  and  guidelines  for
     8  healthy  and  high performance schools established by subdivision one of
     9  section four hundred eight of this article, shall  promptly  prepare  or
    10  acquire as many master sets of complete plans and specifications for the
    11  construction of new school buildings and appurtenant facilities as shall
    12  be  sufficient  to  provide  at least six different master sets each for
    13  elementary, junior high and high schools, based on the number of  pupils
    14  to  be  accommodated  therein.  [Such  plans and specifications shall be
    15  prepared so as to provide adequate classrooms and other necessary  space
    16  and  facilities  at  the  lowest cost consistent with sound construction
    17  principles and practices, and the attainment of educational  objectives,
    18  and  shall  provide  for  heating, ventilation, lighting, sanitation and
    19  health, fire and accident protection  adequate  to  maintain  healthful,
    20  safe,  and comfortable conditions therein. Such plans and specifications
    21  shall be so prepared that any  possible  future  addition  to  any  such
    22  school  building  may  be  economically  effectuated.]  In addition, the
    23  commissioner of general services shall, as often  as  he  or  she  deems
    24  advisable  but  at  least  annually,  review such master sets and, after
    25  consultation with  the  commissioner  [of  education],  and  subject  to
    26  approval of the director of the budget, may revise or cancel any of such
    27  sets or prepare new sets.
    28    §  3.  This act shall take effect immediately, except that section one
    29  of this act shall take effect on the first of August next succeeding the
    30  date on which it shall have become a law and such section shall apply to
    31  school buildings sited, erected, purchased, repaired, enlarged or remod-
    32  eled on or after such date.
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