Bill Text: NY A03752 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "school buildings carbon monoxide detectors act"; requires the installation of carbon monoxide detectors in elementary and secondary school buildings; authorizes the commissioner of education to annually prescribe a special cost allowance for such carbon monoxide detectors.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced - Dead) 2014-05-13 - held for consideration in education [A03752 Detail]

Download: New_York-2013-A03752-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3752--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       Introduced  by M. of A. CRESPO, ROSA, TITONE, STEVENSON, MAISEL, RIVERA,
         AUBRY, GRAF, COOK, CAHILL, BOYLAND, GIBSON -- Multi-Sponsored by -- M.
         of A. ARROYO, HEASTIE, HOOPER, MOYA,  PERRY,  ROBINSON,  RODRIGUEZ  --
         read  once  and  referred  to  the Committee on Education -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the education law, in relation to enacting  the  "school
         buildings carbon monoxide detectors act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Short title. This act shall be known and may be  cited  as
    2  the "school buildings carbon monoxide detectors act".
    3    S 2.  The education law is amended by adding a new section 411 to read
    4  as follows:
    5    S  411.  INSTALLATION  OF  CARBON MONOXIDE DETECTORS. THE COMMISSIONER
    6  SHALL ADOPT REGULATIONS REQUIRING THE INSTALLATION  OF  OPERABLE  CARBON
    7  MONOXIDE  DETECTORS  IN  EVERY  ELEMENTARY AND SECONDARY SCHOOL BUILDING
    8  WITHIN THE STATE WHEREIN THE USE OF HEATING OR OTHER EQUIPMENT  POSES  A
    9  SUBSTANTIAL  RISK  OF EXPOSURE TO CARBON MONOXIDE.  SUCH CARBON MONOXIDE
   10  DETECTORS SHALL MEET THE MANUFACTURE, DESIGN AND INSTALLATION  STANDARDS
   11  ESTABLISHED  BY  THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
   12  CODE COUNCIL PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-EIGHT  OF  THE
   13  EXECUTIVE LAW.
   14    S  3.  Paragraph a of subdivision 6-c of section 3602 of the education
   15  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
   16  follows:
   17    a.  Building aid for metal detectors, SECURITY CAMERAS AND OTHER SECU-
   18  RITY DEVICES, CARBON MONOXIDE DETECTORS and  safety  devices  for  elec-
   19  trically  operated  partitions,  room dividers and doors. In addition to
   20  the apportionments payable to a school district pursuant to  subdivision
   21  six  of this section, the commissioner is hereby authorized to apportion
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04359-09-3
       A. 3752--A                          2
    1  to any school district additional building aid pursuant to this subdivi-
    2  sion for its approved expenditures in the base year for the purchase  of
    3  stationary  metal detectors, security cameras, CARBON MONOXIDE DETECTORS
    4  REQUIRED PURSUANT TO SECTION FOUR HUNDRED ELEVEN OF THIS CHAPTER, safety
    5  devices  for electrically operated partitions and room dividers required
    6  pursuant to section four hundred nine-f of this chapter, or other  secu-
    7  rity  devices  approved  by the commissioner that increase the safety of
    8  students and school personnel, provided, however, that funds apportioned
    9  to school districts pursuant to this section shall  not  supplant  funds
   10  for  existing  district  expenditures  or for existing contractual obli-
   11  gations  of  the  district  for  stationary  metal  detectors,  security
   12  cameras,  CARBON  MONOXIDE  DETECTORS, partition and room divider safety
   13  devices, or security devices.   Portable or hand  held  metal  detectors
   14  shall  not  be eligible for aid pursuant to this subdivision. Such addi-
   15  tional aid shall equal the product of the building  aid  ratio  computed
   16  for  use  in the current year pursuant to paragraph c of subdivision six
   17  of this section and the actual approved  expenditures  incurred  in  the
   18  base year pursuant to this subdivision, provided that the limitations on
   19  cost  allowances  prescribed  by  paragraph a of subdivision six of this
   20  section shall not apply. The commissioner  shall  annually  prescribe  a
   21  special  cost  allowance  for metal detectors, and security cameras, and
   22  the approved expenditures shall not exceed such  cost  allowance.    THE
   23  COMMISSIONER  SHALL  ANNUALLY  PRESCRIBE  A  SPECIAL  COST ALLOWANCE FOR
   24  CARBON MONOXIDE DETECTORS,  AND  THE  APPROVED  EXPENDITURES  SHALL  NOT
   25  EXCEED  SUCH COST ALLOWANCE. The commissioner shall annually prescribe a
   26  special cost allowance for partition and room  divider  safety  devices,
   27  and the approved expenditures shall not exceed such cost allowance.
   28    S  4.  In accordance with chapter 507 of the laws of 1974, the commis-
   29  sioner of education shall apportion to each qualifying nonpublic  school
   30  an  amount equal to the actual costs incurred by such school that result
   31  from complying with section 411 of the education law.    Notwithstanding
   32  any other provision of law, rule or regulation to the contrary no school
   33  district  shall  be  required to make expenditures in its current fiscal
   34  year or in any subsequent fiscal year of more than one  hundred  dollars
   35  per affected school building for carbon monoxide detectors.
   36    S 5. This act shall take effect on the one hundred eightieth day after
   37  it  shall  have  become  a  law, and shall apply to all school buildings
   38  first occupied on or  after  such  date,  provided,  however,  that  the
   39  commissioner  of  education shall be immediately authorized and directed
   40  to promulgate rules and regulations and take any and all  other  actions
   41  necessary  to  implement  the  provisions  of this act on such date, and
   42  provided further that such rules  and  regulations  shall  provide  that
   43  school buildings occupied prior to January 31, 2014 shall be required to
   44  install  operable  carbon  monoxide detectors not later than January 31,
   45  2016.