Bill Text: NY S04924 | 2009-2010 | General Assembly | Amended
Bill Title: Establishes the state Green School Building Construction Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04924 Detail]
Download: New_York-2009-S04924-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4924--A
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. THOMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to establishing the state
green school construction act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 408 of the education law, as
2 amended by section 2 of part A-1 of section 58 of the laws of 2006, is
3 amended and a new subdivision 3-a is added to read as follows:
4 3. The commissioner shall approve the plans and specifications, here-
5 tofore or hereafter submitted pursuant to this section, for the erection
6 or purchase of any school building or addition thereto or remodeling
7 thereof on the site or sites selected therefor pursuant to this chapter,
8 if such plans conform to the requirements and provisions of this chapter
9 and the regulations of the commissioner adopted pursuant to this chapter
10 in all other respects; provided, however, that the commissioner of
11 education shall not approve the plans for the erection or purchase of
12 any school building or addition thereto unless the site has been
13 selected with reasonable consideration of the following factors; its
14 place in a comprehensive, long-term school building program; area
15 required for outdoor educational activities; educational adaptability,
16 environment, accessibility; soil conditions; initial and ultimate cost.
17 [In developing such plans and specifications, school districts are
18 encouraged to review the energy conservation and saving best practices
19 available from the department and the New York state energy research and
20 development authority.]
21 3-A. IN DEVELOPING SUCH PLANS AND SPECIFICATIONS, SCHOOL DISTRICTS
22 SHALL BE REQUIRED TO COMPLY WITH THE ENERGY CONSERVATION AND SAVING BEST
23 PRACTICES AVAILABLE FROM THE DEPARTMENT AND THE NEW YORK STATE ENERGY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08772-04-9
S. 4924--A 2
1 RESEARCH AND DEVELOPMENT AUTHORITY, EXCEPT IN THE FOLLOWING CIRCUM-
2 STANCES:
3 (A) AN EXISTING SCHOOL BUILDING THAT HAS AN HISTORIC STATUS PURSUANT
4 TO FEDERAL, STATE OR LOCAL LAW AND COMPLIANCE WITH CONSTRUCTION REQUIRE-
5 MENTS AND PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD ALTER
6 THE HISTORIC CHARACTER OF SUCH SCHOOL BUILDING;
7 (B) IN THE CASE OF A SUBSTANTIAL RENOVATION, COMPLIANCE WITH
8 CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTABLISHED PURSUANT TO THIS
9 ARTICLE WOULD NOT BE COST EFFECTIVE OVER THE USEFUL LIFE OF SUCH RENO-
10 VATION AS DETERMINED PURSUANT TO REGULATIONS PROMULGATED PURSUANT TO
11 THIS ARTICLE;
12 (C) COMPLIANCE WITH THIS ARTICLE OR WITH CONSTRUCTION REQUIREMENTS AND
13 PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD BE INCONSISTENT
14 WITH OR VIOLATE FEDERAL OR STATE LAW;
15 (D) SUCH OTHER CIRCUMSTANCES AS THE DEPARTMENT MAY REASONABLY DETER-
16 MINE TO NOT BE APPROPRIATE FOR THE APPLICATION OF THE CONSTRUCTION
17 REQUIREMENTS AND PROCEDURES ADOPTED PURSUANT TO THIS ARTICLE; OR
18 (E) THE DESIGN OR PLANNING PROCESS FOR SUCH NEW CONSTRUCTION OR
19 SUBSTANTIAL RENOVATION HAS SUBSTANTIALLY COMMENCED, AS DEFINED BY THE
20 OFFICE IN REGULATIONS, AS OF THE EFFECTIVE DATE OF THE REGULATIONS
21 PROMULGATED BY THE OFFICE PURSUANT TO THIS ARTICLE; PROVIDED HOWEVER,
22 THAT WHENEVER SUBDIVISION ONE, TWO, THREE OR FOUR OF THIS SECTION
23 APPLIES, THE CONSTRUCTION REQUIREMENTS AND PROCEDURES SHALL BE INTE-
24 GRATED INTO THE DESIGN AND CONSTRUCTION OF THE PROJECT TO THE MAXIMUM
25 EXTENT PRACTICABLE.
26 S 2. Subdivision 1 of section 408-a of the education law, as amended
27 by chapter 420 of the laws of 1968, is amended to read as follows:
28 1. The commissioner of general services, after consultation with the
29 commissioner of education and subject to the approval of the director of
30 the budget, shall promptly prepare or acquire as many master sets of
31 complete plans and specifications for the construction of new school
32 buildings and appurtenant facilities as shall be sufficient to provide
33 at least six different master sets each for elementary, junior high and
34 high schools, based on the number of pupils to be accommodated therein.
35 Such plans and specifications shall be prepared so as to provide
36 adequate classrooms and other necessary space and facilities at the
37 lowest cost consistent with sound construction principles and practices,
38 and the attainment of educational objectives, and shall provide for
39 heating, ventilation, lighting, sanitation and health, fire and accident
40 protection adequate to maintain healthful, safe, and comfortable condi-
41 tions therein. Such plans and specifications shall be so prepared that
42 any possible future addition to any such school building may be econom-
43 ically effectuated. In addition, the COMMISSIONER OF GENERAL SERVICES,
44 IN CONSULTATION WITH THE DEPARTMENT, THE NEW YORK STATE ENERGY RESEARCH
45 AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
46 THE DEPARTMENT OF HEALTH, THE DORMITORY AUTHORITY OF THE STATE OF NEW
47 YORK, THE DEPARTMENT OF STATE, THE OFFICE OF PARKS, RECREATION AND
48 HISTORIC PRESERVATION, AND ANY OTHER AGENCY AS DETERMINED BY THE OFFICE
49 THAT MAY BE AFFECTED BY THIS SECTION, SHALL MAKE SUCH PLANS AND SPECIFI-
50 CATIONS CONSISTENT WITH ANY REGULATIONS REGARDING GREEN CONSTRUCTION
51 REQUIREMENTS AND PROCEDURES ESTABLISHED PURSUANT TO THE PUBLIC BUILDINGS
52 LAW TO THE MAXIMUM EXTENT PRACTICABLE. IN ESTABLISHING SUCH PLANS AND
53 SPECIFICATIONS, THE OFFICE OF GENERAL SERVICES MAY CONSULT GREEN
54 CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTABLISHED OR ADOPTED BY OTHER
55 AGENCIES, AND BY PRIVATE ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE
56 UNITED STATES GREEN BUILDING COUNCIL UNDER ITS LEADERSHIP IN ENERGY AND
S. 4924--A 3
1 ENVIRONMENTAL DESIGN PROGRAMS, THE GREEN BUILDING INITIATIVE'S GREEN
2 GLOBES RATING SYSTEM, AND THE AMERICAN NATIONAL STANDARDS INSTITUTE. THE
3 commissioner of general services shall, as often as he OR SHE deems
4 advisable but at least annually, review such master sets and, after
5 consultation with the commissioner of education, and subject to approval
6 of the director of the budget, may revise or cancel any of such sets or
7 prepare new sets.
8 S 3. This act shall take effect on the three hundred sixty-fifth day
9 after it shall have become a law; provided however that effective imme-
10 diately, the department of education is authorized to promulgate, amend
11 or repeal any rule or regulation which it deems necessary or appropriate
12 to implement this act.
