Bill Text: NY S00536 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Provides that the education department shall set guidelines relating to noise and work hours on school construction sites.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-01-05 - REFERRED TO EDUCATION [S00536 Detail]

Download: New_York-2009-S00536-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          536
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sens.  KLEIN,  DIAZ, HASSELL-THOMPSON, HUNTLEY, SAMPSON,
         STAVISKY -- read twice and ordered printed, and  when  printed  to  be
         committed to the Committee on Education
       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 REGULATIONS FOR PUBLIC
    5  SCHOOL DISTRICT CONSTRUCTION AS IT PERTAINS TO NOISE LEVELS AND HOURS OF
    6  WORK.   SUCH   REGULATIONS  SHALL  SPECIFY  THAT  RECOMMENDED  HOURS  OF
    7  CONSTRUCTION WORK ARE BETWEEN SEVEN O'CLOCK A.M. AND SEVEN O'CLOCK  P.M.
    8  SHOULD  WORK  OCCUR  OUTSIDE THESE HOURS, RECOMMENDED NOISE LEVELS AFTER
    9  SEVEN O'CLOCK P.M. OR BEFORE SEVEN O'CLOCK A.M. FOR  ADJOINING  RESIDEN-
   10  TIAL  PROPERTIES SHALL BE CONSISTENT WITH LIMITATIONS ESTABLISHED BY THE
   11  DEPARTMENT GOVERNING ACCEPTABLE INDOOR  NOISE  LEVELS  FOR  CONSTRUCTION
   12  OCCURRING DURING SCHOOL HOURS WHEN SCHOOL IS IN SESSION.
   13    2. THE DEPARTMENT SHALL ISSUE RULES PROVIDING FOR THE DISSEMINATION OF
   14  REGULATIONS  FOR  SCHOOL  DISTRICT CONSTRUCTION AS THEY PERTAIN TO NOISE
   15  AND HOURS OF WORK. DISSEMINATION SHALL INCLUDE PROMINENTLY  POSTING  THE
   16  OFFICE  WITHIN  THE  DEPARTMENT  RESPONSIBLE  FOR  RECEIVING  COMPLAINTS
   17  REGARDING NOISE LEVELS OR WORK HOURS ON  THE  DEPARTMENT'S  WEBSITE  AND
   18  INCLUDING INFORMATION IN THE DEPARTMENT'S NEWSLETTER.
   19    3.  WHILE  THE  DEPARTMENT IS NOT RESPONSIBLE FOR ROUTINELY MONITORING
   20  ADHERENCE TO SUCH REGULATIONS, IT SHALL WORK TO MAINTAIN POSITIVE COMMU-
   21  NITY  RELATIONS  BETWEEN  LOCAL  RESIDENTS  AND  SCHOOL  DISTRICTS  WHEN
   22  DISPUTES ARISE OVER SCHOOL CONSTRUCTION ACTIVITIES.
   23    S 2. This act shall take effect on the one hundred eightieth day after
   24  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04355-01-1