Bill Text: NY S04631 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 4631 (Prior Session Legislation)

Introduced

Bill Title: Requires the replacement of lighting ballasts and lighting fixtures in buildings in New York City constructed between 1950 and 1978 that are used as schools; exempts buildings that have replaced lighting ballasts and lighting fixtures not containing PCB's; requires the testing of each area post-replacement for the presence of PCB's; requires the posting of test results on the NYC department of education website; authorizes the NYC department of education to seek state and federal funding to accomplish the required replacement; requires the promulgation of regulations by the state department of education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-05-23 - referred to education [S04631 Detail]

Download: New_York-2015-S04631-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4631
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     April 1, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to requiring the replacement of lighting ballasts and light-
         ing fixtures in buildings constructed between 1950 and 1978  that  are
         used  as  schools and requiring the promulgation of regulations by the
         state department of education
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subchapter 7 of chapter 1 of title 27 of the administrative
    2  code  of  the  city of New York is amended by adding a new article 23 to
    3  read as follows:
    4                                 ARTICLE 23
    5             SCHOOL BUILDINGS CONSTRUCTED BETWEEN 1950 AND 1978
    6  SECTION 27-521.20 LIGHTING BALLASTS  AND  LIGHTING  FIXTURES  IN  SCHOOL
    7                     BUILDINGS.
    8          27-521.25 FINANCING AND REMEDIATION.
    9    S  27-521.20  LIGHTING BALLASTS AND LIGHTING FIXTURES IN SCHOOL BUILD-
   10  INGS. (A) THE DEPARTMENT SHALL REPLACE ALL LIGHTING BALLASTS AND  LIGHT-
   11  ING  FIXTURES  IN  ANY  BUILDING  CONSTRUCTED OR SUBSTANTIALLY RENOVATED
   12  BETWEEN  THE  YEARS  NINETEEN  HUNDRED  FIFTY   AND   NINETEEN   HUNDRED
   13  SEVENTY-EIGHT THAT IS CURRENTLY USED AS A SCHOOL.
   14    (B)  FOLLOWING  THE  REPLACEMENT  OF ANY LIGHTING BALLASTS OR LIGHTING
   15  FIXTURES PURSUANT TO SUBDIVISION (A) OF THIS SECTION, EACH SITE SHALL BE
   16  TESTED FOR THE PRESENCE OF POLYCHLORINATED BIPHENYLS.  RESULTS SHALL  BE
   17  POSTED  ON  THE  DEPARTMENT'S WEBSITE WITHIN FOUR DAYS OF RECEIVING TEST
   18  RESULTS.
   19    (C) SCHOOL BUILDINGS SHALL BE EXEMPT  FROM  SUBDIVISION  (A)  OF  THIS
   20  SECTION  IF  THE  LIGHTING  BALLASTS  AND  LIGHTING  FIXTURES  HAVE BEEN
   21  REPLACED USING MATERIALS NOT CONTAINING POLYCHLORINATED BIPHENYLS.
   22    (D) FOR PURPOSES OF THIS SECTION:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01353-01-5
       S. 4631                             2
    1    (1) "DEPARTMENT" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF EDUCATION.
    2    (2)  "SCHOOL"  SHALL  MEAN EACH SCHOOL WITHIN THE NEW YORK CITY PUBLIC
    3  SCHOOL SYSTEM THAT PROVIDES EDUCATIONAL INSTRUCTION TO  STUDENTS  AT  OR
    4  BELOW THE TWELFTH GRADE LEVEL.
    5    S 27-521.25 FINANCING AND REMEDIATION. THE DEPARTMENT SHALL COORDINATE
    6  FINANCING  AND  REMEDIATION IN CONSULTATION WITH RELEVANT STATE AGENCIES
    7  AND THE UNITED STATES  ENVIRONMENTAL  PROTECTION  AGENCY  AND  SHALL  BE
    8  REQUIRED  TO  SEARCH  FOR FEDERAL AND STATE FINANCING TO ACCOMPLISH SUCH
    9  PURPOSE.
   10    S 2. Notwithstanding any provision of law to the contrary,  the  state
   11  education  department  shall  implement and enforce rules or regulations
   12  necessary to effectuate the provisions of this act. The state  education
   13  department shall establish deadlines to ensure expedited remediation and
   14  testing  of  lighting ballasts and lighting fixtures in school buildings
   15  constructed between 1950 and 1978 and shall require that  fifty  percent
   16  of  all  replacement  work  shall  be  completed within one year and the
   17  completion of all replacement work within two years from  the  effective
   18  date of this act.
   19    S  3.  This  act  shall take effect immediately; provided however that
   20  section one of this act shall take effect on the one  hundred  eightieth
   21  day after it shall have become a law.