Bill Text: NY A01244 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the education law, in relation to requiring the installation of carbon monoxide detectors in school buildings

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to education [A01244 Detail]

Download: New_York-2009-A01244-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1244
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. LANCMAN, PHEFFER -- read once and referred to the
         Committee on Education
       AN  ACT to amend the education law, in relation to requiring the instal-
         lation of carbon monoxide detectors in school buildings
         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 411 to
    2  read as follows:
    3    S  411.  INSTALLATION  OF  CARBON MONOXIDE DETECTORS. THE COMMISSIONER
    4  SHALL ADOPT REGULATIONS REQUIRING THE INSTALLATION  OF  OPERABLE  CARBON
    5  MONOXIDE  DETECTORS  IN  EVERY  ELEMENTARY AND SECONDARY SCHOOL BUILDING
    6  WITHIN THE STATE WHEREIN THE USE OF HEATING OR OTHER EQUIPMENT  POSES  A
    7  SUBSTANTIAL  RISK  OF EXPOSURE TO CARBON MONOXIDE.  SUCH CARBON MONOXIDE
    8  DETECTORS SHALL MEET THE MANUFACTURE, DESIGN AND INSTALLATION  STANDARDS
    9  ESTABLISHED  BY  THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
   10  CODE COUNCIL PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-EIGHT  OF  THE
   11  EXECUTIVE LAW.
   12    S  2. Subdivision 6-c of section 3602 of the education law, as amended
   13  by section 1 of part A2 of chapter 62 of the laws of 2003, is amended to
   14  read as follows:
   15    6-c. Building aid for metal  detectors,  SECURITY  CAMERAS  AND  OTHER
   16  SECURITY DEVICES, CARBON MONOXIDE DETECTORS and safety devices for elec-
   17  trically  operated  partitions,  room dividers and doors. In addition to
   18  the apportionments payable to a school district pursuant to  subdivision
   19  six  of this section, the commissioner is hereby authorized to apportion
   20  to any school district additional building aid pursuant to this subdivi-
   21  sion for its approved expenditures in the base year for the purchase  of
   22  stationary  metal detectors, security cameras, CARBON MONOXIDE DETECTORS
   23  REQUIRED PURSUANT TO SECTION FOUR HUNDRED ELEVEN OF THIS CHAPTER, safety
   24  devices for electrically operated partitions and room dividers  required
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01000-01-9
       A. 1244                             2
    1  pursuant  to section four hundred nine-f of this chapter, or other secu-
    2  rity devices approved by the commissioner that increase  the  safety  of
    3  students and school personnel, provided, however, that funds apportioned
    4  to  school  districts  pursuant to this section shall not supplant funds
    5  for existing district expenditures or  for  existing  contractual  obli-
    6  gations  of  the  district  for  stationary  metal  detectors,  security
    7  cameras, CARBON MONOXIDE DETECTORS, partition and  room  divider  safety
    8  devices,  or  security  devices.   Portable or hand held metal detectors
    9  shall not be eligible for aid pursuant to this subdivision.  Such  addi-
   10  tional  aid  shall  equal the product of the building aid ratio computed
   11  for use in the current year pursuant to paragraph c of  subdivision  six
   12  of  this  section  and  the actual approved expenditures incurred in the
   13  base year pursuant to this subdivision, provided that the limitations on
   14  cost allowances prescribed by paragraph a of  subdivision  six  of  this
   15  section  shall  not  apply.  The commissioner shall annually prescribe a
   16  special cost allowance for metal detectors, and  security  cameras,  and
   17  the  approved  expenditures  shall  not  exceed such cost allowance. THE
   18  COMMISSIONER SHALL ANNUALLY  PRESCRIBE  A  SPECIAL  COST  ALLOWANCE  FOR
   19  CARBON  MONOXIDE  DETECTORS,  AND  THE  APPROVED  EXPENDITURES SHALL NOT
   20  EXCEED SUCH COST ALLOWANCE. The commissioner shall annually prescribe  a
   21  special  cost  allowance  for partition and room divider safety devices,
   22  and the approved expenditures shall not exceed such cost allowance.
   23    S 3. Notwithstanding any other provision of law, rule or regulation to
   24  the contrary no school district shall be required to  make  expenditures
   25  in its current fiscal year or in any subsequent fiscal year of more than
   26  one  hundred  dollars  per  affected school building for carbon monoxide
   27  detectors.
   28    S 4. This act shall take effect January 31, 2010, and shall  apply  to
   29  all  school  buildings  first  occupied on or after such date, provided,
   30  however, that the commissioner of education shall be immediately author-
   31  ized and directed to promulgate rules and regulations and take  any  and
   32  all  other  actions necessary to implement the provisions of this act on
   33  such date, and provided further that such rules  and  regulations  shall
   34  provide  that  school buildings occupied prior to January 31, 2010 shall
   35  be required to install operable carbon monoxide detectors not later than
   36  January 31, 2012.