Bill Text: NY A09011 | 2023-2024 | General Assembly | Amended


Bill Title: Establishes a maximum temperature in school buildings and indoor facilities; provides a definition of extreme heat condition days and the standard to measure room temperature.

Spectrum: Moderate Partisan Bill (Democrat 42-12)

Status: (Introduced) 2024-06-07 - substituted by s3397a [A09011 Detail]

Download: New_York-2023-A09011-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         9011--A

                   IN ASSEMBLY

                                    February 1, 2024
                                       ___________

        Introduced by M. of A. EACHUS, DINOWITZ, SHIMSKY, ALVAREZ, TAYLOR, WALK-
          ER,   CUNNINGHAM,   JACOBSON,   GUNTHER,  CONRAD,  LUNSFORD,  WALLACE,
          SEAWRIGHT,  OTIS,  PAULIN,  LEVENBERG,  SHRESTHA,  ZEBROWSKI,  JENSEN,
          SLATER, BRABENEC, SMITH, BARRETT, MORINELLO, LUPARDO, BURDICK, MILLER,
          DURSO,  FALL,  JEAN-PIERRE,  LAVINE,  SAYEGH,  McMAHON, CURRAN, STECK,
          SILLITTI, HYNDMAN, HUNTER, WOERNER, PHEFFER AMATO, MEEKS, GONZALEZ-RO-
          JAS, GIBBS,  ZINERMAN,  DeSTEFANO,  STIRPE,  GALLAHAN,  REYES,  BORES,
          GANDOLFO,  CLARK, COLTON -- read once and referred to the Committee 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 establishing a maximum
          temperature in school buildings and indoor facilities

          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 409-n
     2  to read as follows:
     3    § 409-n. Maximum temperatures in school buildings and facilities.  All
     4  common, union free, central, central high schools, city school districts
     5  and  boards  of  cooperative educational services shall develop a policy
     6  for ensuring the health and  safety  of  students,  faculty,  and  other
     7  employees,  on  extreme  heat  condition  days.  For the purpose of this
     8  section, extreme heat condition days shall be defined as days  when  the
     9  occupiable  educational  and  support  services  spaces  are found to be
    10  eighty-two degrees or  greater  Fahrenheit.  For  the  purpose  of  this
    11  section, support services spaces shall not include kitchen areas used in
    12  the preparation of food for consumption by students.  For the purpose of
    13  this  section,  room temperature shall be measured at a shaded location,
    14  three feet above the floor near the center of the room. Schools shall be
    15  required to take action to  relieve  heat-related  discomfort  when  the
    16  occupied space temperature reaches eighty-two degrees Fahrenheit.  These
    17  actions  may  include,  but are not limited to, turning off the overhead
    18  lights, pulling down shades or blinds, turning on fans,  opening  class-
    19  room doors and windows to increase circulation, turning off unused elec-
    20  tronics  that produce heat, and providing water breaks.  Educational and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02813-03-4

        A. 9011--A                          2

     1  support services spaces cannot be occupied if room  temperature  reaches
     2  eighty-eight degrees Fahrenheit.
     3    §  2.  Paragraph a of subdivision 3 of section 2801-a of the education
     4  law, as amended by section 1 of part B of chapter  54  of  the  laws  of
     5  2016, is amended to read as follows:
     6    a.  policies  and  procedures  for  response  to  emergency situations
     7  including extreme heat conditions, such as those  requiring  evacuation,
     8  sheltering,  and  lock-down. These policies shall include, at a minimum,
     9  evacuation routes, shelter sites, and procedures for addressing  medical
    10  needs,  transportation and emergency notification of parents and guardi-
    11  ans;
    12    § 3. This act shall take effect September 1, 2025.
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