Bill Text: NY A01647 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires notification procedures to be established requiring notice to be given prior to certain construction projects in school buildings or a district leasing school property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to education [A01647 Detail]

Download: New_York-2023-A01647-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1647

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Education

        AN ACT to amend the education law, in relation to requiring notification
          procedures to be established requiring notice to  be  given  prior  to
          certain  construction projects in school buildings or a district leas-
          ing school property

          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 421 to
     2  read as follows:
     3    § 421. Pre-construction notification of certain construction projects.
     4  1.    The New York City department of education or the chancellor of the
     5  city school district of the city of New York shall  establish  notifica-
     6  tion  procedures  in  advance  of a construction project of ten thousand
     7  dollars or more to be conducted in a school building in a  city  with  a
     8  population  of  one  million  or  more, whether the building is owned or
     9  leased by the school district, or of the district leasing school proper-
    10  ty.
    11    2. The notification procedures required to be established pursuant  to
    12  subdivision  one  of this section shall require notice to be provided to
    13  parents of students who use or are expected to use the  school  building
    14  where  construction  will  occur,  residents  of the community where the
    15  school building is located, elected officials of  the  school  district,
    16  state and local elected officials representing the district in which the
    17  school  building is located and community boards in the school district;
    18  provided, however, that where construction is to  be  entirely  internal
    19  and  is not determined to constitute significant reconstruction or reno-
    20  vation of existing buildings, notification  need  only  be  provided  to
    21  school personnel, parents, and students.  Such notice requirement may be
    22  met  by publication in district newsletters, direct mailings, or holding
    23  a public hearing on the project  to  inform  parents,  students,  school

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04005-01-3
        A. 1647                             2

     1  personnel  and  community  members; provided, however, that notification
     2  shall be provided to elected officials and members of  community  boards
     3  directly, by mail or by email.
     4    3.  Such  notification  procedures  shall  provide notice at least two
     5  months prior to the date on which construction is  scheduled  to  begin,
     6  provided  that  in  the  case  of  emergency construction projects, such
     7  notice shall be provided as far in advance of the start of  construction
     8  as is practicable.
     9    4. Such notice shall include information on the district's obligations
    10  under   this  section  to  provide  a  safe  school  environment  during
    11  construction projects. If any hazardous materials  are  present  at  the
    12  construction  site,  especially  or  most  importantly asbestos and PCBs
    13  (polychlorinated biphenyl), notification of the presence of such hazard-
    14  ous materials shall be provided to the state department of environmental
    15  conservation, state and local elected officials, community  boards,  and
    16  residents  of property adjacent to or in close proximity of the property
    17  containing the hazardous materials.  Such notification shall  explicitly
    18  state  which  hazardous materials are expected to be present, the antic-
    19  ipated start and end dates of the construction project,  and  the  hours
    20  during which construction is expected to take place.
    21    § 2. This act shall take effect immediately.