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.