Relates to school districts evaluating capital improvement projects for such school district in the state for: compliance with the New York state climate leadership and community protection act, upgrading heating, ventilation or air conditioning to be more energy efficient, including, but not limited to upgrading to an active solar heating system; installing solar panels or other sources of alternative energy; improving broadband accessibility and reliability; upgrading technology so that it is more resistant to security risks; structural improvements, including, but not limited to windows, roofs, foundations and walls; purchasing hybrid or electric school buses; and upgrading plumbing and electrical systems.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2254
SPONSOR: Simon TITLE OF BILL:
An act to amend the education law, in relation to school districts eval-
uating capital improvement projects for such school district in the
state
PURPOSE OR GENERAL IDEA OF BILL:
school districts capital needs process for evaluation and monitoring all
school buildings
SUMMARY OF PROVISIONS:
Section 1. Paragraph (c) and (f) of subdivision 2 of section 409-d of
the education law, as added by section 1 of part B of chapter 56 of the
laws of 1998
JUSTIFICATION:
The US Government Accountability Office (GAO) in June of 2020 released a
report on the condition of the nation's school facilities. After system-
atically assessing a nationally representative sample of school
districts, the GOA estimated that 54% of districts need to update or
replace at least two building systems in many (50% or more) of their
schools. Further, 26% of districts need to update or replace at least
six systems in many of their schools (about 36,000 schools nationwide).
The GOA estimated about a quarter of districts need to update or replace
other building systems, including interior lighting, roofing, safety and
security systems, or plumbing in at least half of their schools. The GOA
also found that schools tend to spend more in certain areas than in
others. For example, a school in Michigan was still using a boiler that
was last replaced a century ago but had recently spend on school safety
technology. The problem of course, is that the boiler system was belch-
ing toxic fumes.
In New York State, school districts must evaluate their capital needs
and complete reports to NYSED on a five-year rotating cycle. Thus,
incorporating impacts on climate in the regular capital needs assess-
ments would be easily accomplished, help forestall climate change in
keeping with state's mandates under the Clithate Leadership and Communi-
ty Protection Act (CLCPA), save our environment, provide our children
safer places to learn and our school personnel safer workplaces.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.10653 Simon -referred to rules
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
this act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
2254
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. SIMON, DINOWITZ -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to school districts eval-
uating capital improvement projects for such school district in the
state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (e) and (f) of subdivision 2 of section 409-d of
2 the education law, as added by section 1 of part B of chapter 56 of the
3 laws of 1998, are amended to read as follows:
4 (e) establish a process for monitoring all school buildings; [and]
5 (f) require each school district to evaluate the capital needs of such
6 school district for:
7 (i) the presence and/or emission of greenhouse gases or other toxins
8 impacts and for compliance with the New York state climate leadership
9 and community protection act and final climate action plan pursuant to
10 article seventy-five of the environmental conservation law;
11 (ii) upgrading heating, ventilation or air conditioning to be more
12 energy efficient, including, but not limited to upgrading to an active
13 solar heating system or geothermal heat pump system. For purposes of
14 this section, "active solar heating" means a heating system that uses
15 solar energy to heat a fluid, either liquid or air, and then uses such
16 solar heated fluid to directly heat an interior space or stores it for
17 later use;
18 (iii) installing solar panels or other sources of alternative energy;
19 (iv) improving broadband accessibility and reliability;
20 (v) upgrading technology so that it is more resistant to security
21 risks;
22 (vi) structural improvements, including, but not limited to windows,
23 roofs, foundations and walls;
24 (vii) purchasing hybrid or electric school buses; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03217-01-3
A. 2254 2
1 (viii) upgrading plumbing and electrical systems; and
2 (g) provide for waivers of the requirements of this section and/or
3 section four hundred nine-e of this article for districts whose school
4 building safety inspection procedures in existence on the effective date
5 of this section are in substantial compliance with such requirements.
6 § 2. This act shall take effect immediately.
