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.