Bill Text: NY S04462 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to building condition surveys; provides a schedule requiring school districts to conduct building condition surveys accordingly; provides for building aid for periodic inspections of public school buildings; provides that the commissioner of education may require periodic inspections of public school buildings as deemed necessary to maintain the safety of school buildings and the welfare of the occupants under the commissioner's public school building safety program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-06-11 - RECOMMIT, ENACTING CLAUSE STRICKEN [S04462 Detail]
Download: New_York-2019-S04462-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4462 2019-2020 Regular Sessions IN SENATE March 12, 2019 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to building condition surveys; and to repeal sections 409-d and 409-e of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph c of subdivision 4 of section 3641 of the educa- 2 tion law, as amended by section 48 of part C of chapter 58 of the laws 3 of 1998, is amended to read as follows: 4 c. Powers and duties of the commissioner. (1) The commissioner shall 5 develop a building condition survey matrix which would be used to assist 6 public school districts to develop long range facilities plans in a 7 consistent format. 8 (2) The commissioner is hereby authorized to enter into the necessary 9 contractual agreements with architects and/or engineers to state-wide 10 contracts to provide building construction surveys on a regional basis 11 for a fixed fee per square foot. Such building condition surveys shall 12 be used to assist school districts with the development of their five- 13 year capital facilities plan. 14 (3) Commencing with the two thousand nineteen--two thousand twenty 15 school year, the commissioner shall require school districts to conduct 16 building condition surveys pursuant to this paragraph in accordance with 17 a staggered schedule as assigned by the commissioner and every five 18 years thereafter. In assigning school districts to a scheduled year, the 19 commissioner shall ensure that no region of the state is over repres- 20 ented in a given scheduled year. The commissioner shall assign school 21 districts to conduct building condition surveys in the following manner: 22 (i) Schedule A: One-fifth of all school districts, as assigned by the 23 commissioner, shall conduct a building condition survey in the two thou- 24 sand nineteen--two thousand twenty school year. The remaining school EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10559-02-9S. 4462 2 1 districts shall conduct a visual inspection as required by sections four 2 hundred nine-d and four hundred nine-e of this chapter in the two thou- 3 sand nineteen--two thousand twenty school year; 4 (ii) Schedule B: One-fifth of all school districts, as assigned by the 5 commissioner and excluding those school districts that shall conduct 6 their building condition survey pursuant to schedule A pursuant to item 7 (i) of this subparagraph, shall conduct a building condition survey in 8 the two thousand twenty--two thousand twenty-one school year. The 9 remaining school districts, other than those assigned to schedule A 10 pursuant to item (i) of this subparagraph, shall conduct a visual 11 inspection as required pursuant to sections four hundred nine-d and four 12 hundred nine-e of this chapter in the two thousand twenty--two thousand 13 twenty-one school year; 14 (iii) Schedule C: One-fifth of all school districts, as assigned by 15 the commissioner and excluding those school districts that shall conduct 16 their building condition survey pursuant to schedule A or schedule B 17 pursuant to items (i) and (ii) of this subparagraph, shall conduct a 18 building condition survey in the two thousand twenty-one--two thousand 19 twenty-two school year. The remaining school districts, other than those 20 assigned to schedule A and schedule B pursuant to items (i) and (ii) of 21 this subparagraph , shall conduct a visual inspection as required pursu- 22 ant to sections four hundred nine-d and four hundred nine-e of this 23 chapter in the two thousand twenty-one--two thousand twenty-two school 24 year; 25 (iv) Schedule D: One-fifth of all school districts, as assigned by the 26 commissioner and excluding those school districts that shall conduct 27 their building condition survey pursuant to schedule A, schedule B, or 28 schedule C pursuant to items (i), (ii), and (iii) of this subparagraph, 29 shall conduct a building condition survey in the two thousand twenty- 30 two--two thousand twenty-three school year. The remaining school 31 districts, other than those assigned to schedule A, schedule B, or sche- 32 dule C pursuant to items (i), (ii), and (iii) of this subparagraph, 33 shall conduct a visual inspection as required pursuant to sections four 34 hundred nine-d and four hundred nine-e of this chapter in the two thou- 35 sand twenty-two--two thousand twenty-three school year; 36 (v) Schedule E: One-fifth of all school districts, as assigned by the 37 commissioner and excluding those school districts that shall conduct 38 their building condition survey pursuant to schedule A, schedule B, 39 schedule C, or schedule D pursuant to items (i), (ii), (iii), and (iv) 40 of this subparagraph, shall conduct a building condition survey in the 41 two thousand twenty-three--two thousand twenty-four school year. 42 § 2. Subdivision 6-e of section 3602 of the education law, as amended 43 by chapter 296 of the laws of 2016, is amended to read as follows: 44 6-e. Additional apportionment of building aid for building condition 45 surveys of school buildings. In addition to the apportionments payable 46 to a school district pursuant to subdivision six of this section, the 47 commissioner is hereby authorized to apportion to any school district 48 additional building aid in accordance with this subdivision for its 49 approved expenses in the base year for building condition surveys of 50 school buildings that are conducted pursuant to this subdivision and 51 subdivision four of section thirty-six hundred forty-one of this arti- 52 cle. The amount of such apportionment shall equal the product of the 53 building aid ratio defined pursuant to paragraph c of subdivision six of 54 this section and the actual approved expenses incurred by the district 55 in the base year for each school building so inspected, provided that 56 the amount of such apportionment shall not exceed the building conditionS. 4462 3 1 survey aid ceiling[, and provided further that such approved expenses2shall include approved expenses for testing of potable water systems for3lead contamination pursuant to section eleven hundred ten of the public4health law]. For surveys conducted in the nineteen hundred ninety-eight- 5 -ninety-nine school year, the building condition aid ceiling shall be 6 twenty cents gross per square foot of floor area. For surveys conducted 7 in the nineteen hundred ninety-nine--two thousand school year and there- 8 after, the inspection aid ceiling shall be twenty cents gross per square 9 foot of floor area, plus an amount computed by the commissioner in 10 accordance with regulations adopted for such purpose, on the basis of an 11 index number reflecting changes in the costs of labor and materials from 12 July first, nineteen hundred ninety-eight. 13 § 3. Subdivision 6-h of section 3602 of the education law, as added by 14 chapter 296 of the laws of 2016, is amended to read as follows: 15 6-h. Building aid for testing and filtering of potable water systems 16 for lead contamination. In addition to the apportionments payable to a 17 school district pursuant to subdivision six of this section, the commis- 18 sioner is hereby authorized to apportion to any school district addi- 19 tional building aid pursuant to this subdivision for its approved 20 expenditures, otherwise ineligible for building aid, in the base year 21 for the testing of potable water systems required pursuant to section 22 eleven hundred ten of the public health law and for the installation of 23 filters and/or other effective remedial measures for immediate remedi- 24 ation in cases where a finding of lead contamination is made pursuant to 25 such section and verified by confirmatory sampling, provided that the 26 cost of installation of such filters and/or other effective remedial 27 measures shall be deemed an approved expenditure only if (i) such 28 installation and/or other effective remedial measures have been approved 29 or reviewed by a professional with expertise in the field of water qual- 30 ity and remediation and (ii) such cost is incurred prior to July first, 31 two thousand nineteen. Such aid shall equal the product of the building 32 aid ratio defined pursuant to paragraph c of subdivision six of this 33 section and the actual approved expenditures incurred in the base year 34 pursuant to this subdivision. Commencing with the two thousand nine- 35 teen--two thousand twenty school year and every year thereafter, addi- 36 tional building aid pursuant to this subdivision shall include approved 37 expenses for testing of potable water systems for lead contamination 38 pursuant to section eleven hundred ten of the public health law. 39 § 4. Section 3602 of the education law is amended by adding a new 40 subdivision 6-i to read as follows: 41 6-i. Building aid for periodic inspections of public school buildings. 42 In addition to the apportionments payable to a school district pursuant 43 to subdivision six of this section, the commissioner is hereby author- 44 ized to apportion to any school district additional building aid in 45 accordance with this subdivision for periodic inspections of public 46 school buildings that are conducted pursuant to sections four hundred 47 nine-d and section four hundred nine-e of this chapter which are other- 48 wise ineligible for building aid, provided that any such inspections 49 shall be completed prior to June thirtieth, two thousand twenty-three. 50 § 5. Paragraph (a) of subdivision 2 of section 409-e of the education 51 law, as added by section 1 of part B of chapter 56 of the laws of 1998, 52 is amended to read as follows: 53 (a) [Every public school building shall be inspected annually in54accordance with the code, provided however, the] The commissioner may 55 require [more frequent] periodic inspections of public school buildingsS. 4462 4 1 as deemed necessary to maintain the safety of school buildings and the 2 welfare of their occupants. 3 § 6. Subdivision 1 of section 409-d of the education law, as amended 4 by chapter 437 of the laws of 2014, is amended to read as follows: 5 1. Program establishment. The commissioner is authorized and directed 6 to establish, develop and monitor a comprehensive public school building 7 safety program which shall include a uniform inspection, safety rating 8 and monitoring system. [Such] Under such program, the commissioner may 9 require periodic inspections of public school buildings as deemed neces- 10 sary to maintain the safety of school buildings and the welfare of the 11 occupants, and such program shall establish a safety rating system for 12 such school buildings to assess the need for maintenance, repairs, reha- 13 bilitation, reconstruction, construction and other improvements related 14 to the structural integrity and overall safety of public school build- 15 ings including but not limited to building systems related to elec- 16 trical, plumbing, heating, ventilation, and air conditioning, sanitation 17 and health, fire and accident protection; and require that such ratings 18 be used for the purpose of developing a buildings condition survey as 19 required pursuant to subdivision four of section thirty-six hundred 20 forty-one of this chapter and a five year facilities plan as required 21 pursuant to clause (i) of subparagraph two of paragraph b of subdivision 22 six of section thirty-six hundred two of this chapter. 23 § 7. Section 409-d of the education law is REPEALED. 24 § 8. Section 409-e of the education law is REPEALED. 25 § 9. This act shall take effect immediately; provided, however, that 26 sections five and six of this act shall take effect July 1, 2019; 27 provided, further, that sections seven and eight of this act shall take 28 effect July 1, 2023; provided, further, that the amendments to subdivi- 29 sion 1 of section 409-d of the education law made by section six of this 30 act shall not affect the expiration of such subdivision and shall be 31 deemed expired therewith. Effective immediately, the addition, amendment 32 and/or repeal of any rule or regulation necessary for the implementation 33 of this act on its effective date are authorized to be made and 34 completed on or before such effective date.
