S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4832--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2011
                                      ___________
       Introduced  by  M. of A. NOLAN, BRENNAN -- read once and referred to the
         Committee on Education -- reported and referred to  the  Committee  on
         Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the education law, in relation to restricting the  sale,
         lease,  transfer  or authorization of open-air schoolhouse playgrounds
         for certain uses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  5 of section 2556 of the education law, such
    2  section as renumbered by chapter 762 of the laws of 1950, is amended  to
    3  read as follows:
    4    5.  It  shall  be  unlawful for a schoolhouse to be constructed in the
    5  city of New York without an open-air playground attached to or  used  in
    6  connection  with  the  same.    EXISTING  PLAYGROUNDS SHALL NOT BE SOLD,
    7  LEASED OR TRANSFERRED, OR PERMANENTLY AUTHORIZED FOR OTHER USES SUCH  AS
    8  SCHOOL BUILDING CONSTRUCTION, RENOVATION, PLACEMENT OR STORAGE OF BUILD-
    9  ING  MATERIALS  FOR SUCH WORK THAT WOULD ELIMINATE THE USE OF SUCH PLAY-
   10  GROUND SPACE FOR OUTDOOR RECREATIONAL ACTIVITIES UNLESS A PLAN IS ESTAB-
   11  LISHED  AND  IMPLEMENTED  TO  PROVIDE  SUITABLE  AND  ADEQUATE  PHYSICAL
   12  ACTIVITIES  OR  SPACE TO ACCOMMODATE THE PHYSICAL AND RECREATIONAL NEEDS
   13  OF THE PUPILS OF SUCH BUILDING.   THE  PROVISIONS  OF  THIS  SUBDIVISION
   14  SHALL  NOT  APPLY  TO  SCHOOL CONSTRUCTION OR RENOVATION ACTIVITIES THAT
   15  OCCUR ON OR REQUIRE THE USE OF SUCH PLAYGROUNDS FOR  A  DURATION  OF  NO
   16  MORE THAN ONE YEAR.
   17    S  2.  This act shall take effect July 1, 2012; provided however, that
   18  the commissioner of education is authorized and directed  to  promulgate
   19  any rules or regulations necessary for the timely implementation of this
   20  act on or before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04439-03-1