S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3757
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Education
       AN ACT to amend the education law, in relation  to  requiring  that  the
         siting,  erection,  purchase,  repair,  enlargement  and remodeling of
         school buildings meet the requirements of healthy and high performance
         schools
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 408 of the education law, subdivisions 1 and 2 as
    2  amended by chapter 414 of the laws of 1972,  the  opening  paragraph  of
    3  subdivision 1 as amended by chapter 315 of the laws of 1990, subdivision
    4  3 as amended by section 2 of part A-1 of chapter 58 of the laws of 2006,
    5  subdivision 4 as amended by chapter 801 of the laws of 1951 and subdivi-
    6  sion 6 as amended by chapter 385 of the laws of 1994, is amended to read
    7  as follows:
    8    S 408. [Plans]  APPROVAL  OF PLANS and specifications of school build-
    9  ings [must be approved by commissioner of education].   1. THE  LEGISLA-
   10  TURE  HEREBY  DECLARES  IT  TO BE THE POLICY OF THE STATE TO REQUIRE THE
   11  SITING, CONSTRUCTION, REHABILITATION AND MAINTENANCE OF HEALTHY AND HIGH
   12  PERFORMANCE SCHOOL BUILDINGS IN THIS STATE IN SUCH A MANNER AS TO:
   13    A.  PROMOTE   BETTER   ENVIRONMENTAL   STANDARDS   FOR   THE   SITING,
   14  CONSTRUCTION,  REHABILITATION AND MAINTENANCE OF SCHOOL BUILDINGS IN THE
   15  STATE;
   16    B. IMPROVE ENERGY EFFICIENCY AND INCREASE GENERATION OF ENERGY THROUGH
   17  RENEWABLE AND CLEAN ENERGY TECHNOLOGIES;
   18    C. INCREASE THE DEMAND FOR ENVIRONMENTALLY PREFERABLE BUILDING MATERI-
   19  ALS, FINISHES AND FURNISHINGS;
   20    D. IMPROVE THE ENVIRONMENT BY DECREASING THE DISCHARGE  OF  POLLUTANTS
   21  INTO AND FROM SCHOOL BUILDINGS;
   22    E.  CREATE  INDUSTRY AND PUBLIC AWARENESS OF NEW TECHNOLOGIES THAT CAN
   23  ASSURE THAT ALL SCHOOLS ARE HEALTHY AND HIGH PERFORMANCE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06008-01-1
       A. 3757                             2
    1    F. IMPROVE THE HEALTH  AND  PRODUCTIVITY  OF  STUDENTS,  TEACHERS  AND
    2  SCHOOL EMPLOYEES.
    3    IN  ORDER  TO FACILITATE SUCH POLICIES, THE LEGISLATURE HEREBY DIRECTS
    4  SCHOOL DISTRICTS TO SITE, CONSTRUCT, REHABILITATE  AND  MAINTAIN  SCHOOL
    5  BUILDINGS IN ACCORDANCE WITH SUCH POLICIES.
    6    2.  No  [schoolhouse]  SCHOOL  BUILDING  shall  [hereafter]  be SITED,
    7  erected, purchased, repaired, enlarged or remodeled nor shall the adver-
    8  tisement for bids for the execution of the plans and specifications  for
    9  such  [schoolhouses]  SCHOOL BUILDINGS be placed, in any school district
   10  [except in a city school district in  a  city  having  seventy  thousand
   11  inhabitants  or more, at an expense which shall exceed one hundred thou-
   12  sand dollars,] until  the  plans  and  specifications  shall  have  been
   13  submitted  to  the  commissioner  [of education] and his OR HER approval
   14  endorsed thereon. Such plans and specifications shall show in detail the
   15  ventilation, heating and lighting  of  such  buildings,  AND  ANY  OTHER
   16  DETAILS THE COMMISSIONER SHALL DETERMINE TO BE NECESSARY.
   17    In  the  case  of  a school district in a city having seventy thousand
   18  inhabitants or more, all the provisions previously  set  forth  in  this
   19  subdivision  shall  apply,  except  that  the commissioner may waive the
   20  requirement for submission of plans and  specifications  and  substitute
   21  therefor  the requirement for submission of an outline of such plans and
   22  specifications for his OR HER review. Such outline shall be  in  a  form
   23  which he OR SHE may prescribe from time to time.
   24    [In either case, the commissioner may, in his discretion, review plans
   25  and specifications for projects estimated at an expense of less than one
   26  hundred thousand dollars.]
   27    In  the  case of a school district in a city having a million inhabit-
   28  ants or more, all of the provisions previously set forth in this  subdi-
   29  vision  shall  apply,  except  that  such  school district shall only be
   30  required to submit an outline of the plans  and  specifications  to  the
   31  commissioner  [of  education] for his OR HER information where a school-
   32  house is to be erected in conjunction with the development of a  project
   33  to  be  developed  under  the  provisions  of article two or five of the
   34  private housing finance law and where both the school  and  the  project
   35  are  to  have  rights  or  interests in the same land, regardless of the
   36  similarity or equality  thereof,  including  fee  interests,  easements,
   37  space  rights or other rights or interests.  NOTWITHSTANDING THE FOREGO-
   38  ING PROVISIONS OF THIS  PARAGRAPH,  EVERY  SUCH  SCHOOL  BUILDING  SHALL
   39  COMPLY  WITH  THE  REQUIREMENTS FOR GREEN BUILDINGS AND HEALTHY AND HIGH
   40  PERFORMANCE SCHOOLS AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION.
   41    [2] 3.  The commissioner [of education] shall not  approve  the  plans
   42  for  the erection or purchase of any school building or addition thereto
   43  or remodeling thereof unless the same shall provide for [heating, venti-
   44  lation, lighting,] sanitation, storm drainage and health, fire and acci-
   45  dent protection adequate to maintain  healthful,  safe  and  comfortable
   46  conditions  therein  and unless the county superintendent of highways or
   47  commissioner of public works has been advised of  the  location  of  all
   48  temporary and permanent entrances and exits upon all public highways and
   49  the storm drainage plan which is to be used.
   50    [3]  4.    The commissioner shall NOT approve the plans and specifica-
   51  tions, [heretofore or hereafter] submitted pursuant to this section, for
   52  the erection or purchase of any school building or addition  thereto  or
   53  remodeling  thereof  on  the site or sites selected therefor pursuant to
   54  this chapter, [if] UNLESS such plans conform  to  the  requirements  and
   55  provisions  [of  this  chapter  and  the regulations of the commissioner
   56  adopted pursuant to this chapter in all other respects; provided, howev-
       A. 3757                             3
    1  er, that] FOR GREEN BUILDINGS, AS DEFINED IN PARAGRAPH TEN  OF  SUBDIVI-
    2  SION  (B)  OF  SECTION  NINETEEN OF THE TAX LAW, AND ANY RULES AND REGU-
    3  LATIONS ADOPTED PURSUANT THERETO, AND TO THE REQUIREMENTS AND PROVISIONS
    4  FOR  HEALTHY  AND HIGH PERFORMANCE SCHOOLS AS ESTABLISHED IN SUBDIVISION
    5  ONE OF THIS SECTION, AND ANY RULES, REGULATIONS,  STANDARDS  AND  GUIDE-
    6  LINES ADOPTED PURSUANT THERETO. FURTHERMORE, the commissioner [of educa-
    7  tion], IN CONSULTATION WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVA-
    8  TION  AND  HEALTH,  shall  not  approve  the  plans  for the erection or
    9  purchase of any school building or addition thereto unless the site  has
   10  been  selected  with  reasonable consideration of the following factors;
   11  its place in a comprehensive, long-term school  building  program;  area
   12  required  for  outdoor educational activities; educational adaptability,
   13  environment, accessibility; PROXIMITY TO KNOWN ENVIRONMENTAL AND  PUBLIC
   14  RISK  FACTORS; soil conditions; initial and ultimate cost. In developing
   15  such plans and specifications, school districts are encouraged to review
   16  the energy conservation and saving best  practices  available  from  the
   17  department  and  the  New  York  state  energy  research and development
   18  authority.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,
   19  THE  ENFORCEMENT  OF  THE PROVISIONS OF THIS SUBDIVISION SHALL BE WITHIN
   20  THE SOLE JURISDICTION AND AT THE SOLE DISCRETION OF THE DEPARTMENT.
   21    [4] 5. No funds voted by a district meeting or other competent author-
   22  ity in any school district [to which the provisions of  subdivision  one
   23  of  this section are applicable, exceeding the amounts specified in such
   24  subdivision,] shall be expended by the trustees or  board  of  education
   25  until  the  commissioner [of education] shall certify that the plans and
   26  specifications for the same comply with the provisions of this section.
   27    [5] 6. In a city having a population  of  one  million  or  more,  all
   28  designing,  draughting  and  inspecting necessary in connection with the
   29  construction, additions to, alterations and maintenance of  [schoolhous-
   30  es]  SCHOOL  BUILDINGS  shall  be  performed by a bureau established and
   31  maintained for this purpose under the board of education.  The  work  of
   32  this bureau shall be performed by civil service employees in the classi-
   33  fied  civil  service under the direction of the superintendent of school
   34  buildings, design and construction, except that repairs, betterment  and
   35  maintenance  of  heating and ventilating plants and equipment, elevators
   36  and mechanical equipment shall remain under the direction of the  super-
   37  intendent  of  plant  operation  and maintenance. In a special case upon
   38  approval of  the  board  of  estimate,  such  designing,  draughting  or
   39  inspecting may be otherwise performed.
   40    [6]  7.    The  commissioner  [may], IN CONSULTATION WITH THE NEW YORK
   41  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL promulgate  regu-
   42  lations  relating  to  the  purchase  AND  RENOVATION of existing school
   43  buildings. Such regulations shall  provide  for  an  appraisal  of  such
   44  buildings as school buildings and the land on which they are situated as
   45  school  sites  by  the state board of real property services, such esti-
   46  mates of the cost of renovation and construction as may be necessary  TO
   47  MEET THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION and limitations
   48  on  the cost of acquisition and renovation, in taking into consideration
   49  the age and condition of such existing buildings,  in  relation  to  the
   50  estimated  cost  of  constructing  a  new building containing comparable
   51  facilities. [Such regulations may also require the prior approval of the
   52  commissioner of any renovations proposed to be  made  to  such  existing
   53  school buildings.]
   54    S  2.  Subdivision 1 of section 408-a of the education law, as amended
   55  by chapter 420 of the laws of 1968, is amended to read as follows:
       A. 3757                             4
    1    1. The commissioner of general services, after consultation  with  the
    2  commissioner [of education], and subject to the approval of the director
    3  of  the  budget,  AND  IN  ACCORDANCE WITH THE STANDARDS ESTABLISHED FOR
    4  GREEN BUILDINGS, AS DEFINED IN  PARAGRAPH  TEN  OF  SUBDIVISION  (B)  OF
    5  SECTION  NINETEEN  OF  THE TAX LAW, AND THE STANDARDS AND GUIDELINES FOR
    6  HEALTHY AND HIGH PERFORMANCE SCHOOLS ESTABLISHED BY SUBDIVISION  ONE  OF
    7  SECTION  FOUR  HUNDRED  EIGHT OF THIS ARTICLE, shall promptly prepare or
    8  acquire as many master sets of complete plans and specifications for the
    9  construction of new school buildings and appurtenant facilities as shall
   10  be sufficient to provide at least six different  master  sets  each  for
   11  elementary,  junior high and high schools, based on the number of pupils
   12  to be accommodated therein. [Such  plans  and  specifications  shall  be
   13  prepared  so as to provide adequate classrooms and other necessary space
   14  and facilities at the lowest cost  consistent  with  sound  construction
   15  principles  and practices, and the attainment of educational objectives,
   16  and shall provide for heating,  ventilation,  lighting,  sanitation  and
   17  health,  fire  and  accident  protection adequate to maintain healthful,
   18  safe, and comfortable conditions therein. Such plans and  specifications
   19  shall  be  so  prepared  that  any  possible future addition to any such
   20  school building may  be  economically  effectuated.]  In  addition,  the
   21  commissioner  of  general  services  shall,  as often as he OR SHE deems
   22  advisable but at least annually, review  such  master  sets  and,  after
   23  consultation  with  the  commissioner  [of  education],  and  subject to
   24  approval of the director of the budget, may revise or cancel any of such
   25  sets or prepare new sets.
   26    S 3. This act shall take effect immediately, except that  section  one
   27  of this act shall take effect on the first of August next succeeding the
   28  date on which it shall have become a law and such section shall apply to
   29  school buildings sited, erected, purchased, repaired, enlarged or remod-
   30  eled on or after such date.