Bill Text: NY S05113 | 2013-2014 | General Assembly | Amended


Bill Title: Establishes the green schools New York act, requiring schools to comply with the criteria established in the department's manual of planning standards - appendix: NY - CHPS High Performance Schools Guidelines.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-03-17 - PRINT NUMBER 5113A [S05113 Detail]

Download: New_York-2013-S05113-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5113--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 10, 2013
                                      ___________
       Introduced  by Sens. LATIMER, TKACZYK -- read twice and ordered printed,
         and when printed to be committed to  the  Committee  on  Education  --
         recommitted  to  the  Committee on Education in accordance with Senate
         Rule  6,  sec.  8  --  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 green
         schools New York act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may  be  cited  as  the  "green
    2  schools New York act".
    3    S  2. Subdivision 3 of section 408 of the education law, as amended by
    4  section 2 of part A-1 of chapter 58 of the laws of 2006, is amended  and
    5  a new subdivision 3-a is added to read as follows:
    6    3.  The commissioner shall approve the plans and specifications, here-
    7  tofore or hereafter submitted pursuant to this section, for the erection
    8  or purchase of any school building or  addition  thereto  or  remodeling
    9  thereof on the site or sites selected therefor pursuant to this chapter,
   10  if such plans conform to the requirements and provisions of this chapter
   11  and the regulations of the commissioner adopted pursuant to this chapter
   12  in  all  other  respects;  provided,  however, that the commissioner [of
   13  education] shall not approve the plans for the erection or  purchase  of
   14  any  school  building  or  addition  thereto  unless  the  site has been
   15  selected with reasonable consideration of  the  following  factors;  its
   16  place  in  a  comprehensive,  long-term  school  building  program; area
   17  required for outdoor educational activities;  educational  adaptability,
   18  environment,  accessibility; soil conditions; initial and ultimate cost.
   19  [In developing such  plans  and  specifications,  school  districts  are
   20  encouraged  to  review the energy conservation and saving best practices
   21  available from the department and the New York state energy research and
   22  development authority.]
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07062-03-4
       S. 5113--A                          2
    1    3-A. IN DEVELOPING SUCH PLANS AND SPECIFICATIONS FOR THE  CONSTRUCTION
    2  OF  NEW SCHOOLS OR THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING SCHOOL,
    3  SCHOOL DISTRICTS SHALL BE REQUIRED TO COMPLY WITH THE CURRENT NY -  CHPS
    4  CRITERIA  ESTABLISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS -
    5  APPENDIX: NY - CHPS HIGH PERFORMANCE SCHOOLS GUIDELINES.
    6    S  3.  Subdivision 1 of section 408-a of the education law, as amended
    7  by chapter 420 of the laws of 1968, is amended to read as follows:
    8    1. The commissioner [of general services], after consultation with the
    9  [commissioner of education] NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
   10  MENT  AUTHORITY and subject to the approval of the director of the budg-
   11  et, shall promptly prepare or acquire as many master  sets  of  complete
   12  plans  and  specifications  for the construction of new school buildings
   13  and appurtenant facilities as shall be sufficient to  provide  at  least
   14  six  different  master  sets  each  for elementary, junior high and high
   15  schools, based on the number of pupils to be accommodated therein.  Such
   16  plans  and  specifications  shall  be prepared so as to provide adequate
   17  classrooms and other necessary space and facilities at the  lowest  cost
   18  consistent  with  sound  construction  principles and practices, and the
   19  attainment of educational objectives, and  shall  provide  for  heating,
   20  ventilation,   lighting,   sanitation  and  health,  fire  and  accident
   21  protection adequate to maintain healthful, safe, and comfortable  condi-
   22  tions  therein.  Such plans and specifications shall be so prepared that
   23  any possible future addition to any such school building may be  econom-
   24  ically  effectuated.    SUCH PLANS SHALL COMPLY WITH THE CRITERIA ESTAB-
   25  LISHED IN THE DEPARTMENT'S MANUAL OF PLANNING STANDARDS - APPENDIX: NY -
   26  CHPS HIGH PERFORMANCE SCHOOLS GUIDELINES. In addition, the  commissioner
   27  [of  general  services] shall, as often as he OR SHE deems advisable but
   28  at least annually, review such master sets and, after consultation  with
   29  the  [commissioner  of  education]  NEW  YORK  STATE ENERGY RESEARCH AND
   30  DEVELOPMENT AUTHORITY, and subject to approval of the  director  of  the
   31  budget, may revise or cancel any of such sets or prepare new sets.
   32    S  4.  This act shall take effect on the three hundred sixty-fifth day
   33  after it shall have become a law; provided however that effective  imme-
   34  diately,  the department of education is authorized to promulgate, amend
   35  or repeal any rule or regulation which it deems necessary or appropriate
   36  to implement this act.
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