S T A T E   O F   N E W   Y O R K
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                                  1695

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, KOON, EDDINGTON, P. RIVERA, BENEDET-
  TO,  ROBINSON,  N. RIVERA,  GALEF, TITUS, BOYLAND, GABRYSZAK -- Multi-
  Sponsored by -- M. of A.   ALFANO, BARRA,  BRADLEY,  BRENNAN,  COLTON,
  COOK,  DIAZ,  DINOWITZ,  HOOPER, JOHN, LAVINE, MARKEY, McENENY, NOLAN,
  PERRY, WEISENBERG -- read once and referred to the Committee on Educa-
  tion

AN ACT to amend the education law, in relation to parent notification of
  environmental health and safety hazards in schools

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 409 of the education law is amended by adding a new
subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE PROVISIONS
OF SECTION FOUR HUNDRED NINE-J OF THIS ARTICLE SHALL APPLY TO ALL SCHOOL
DISTRICTS,  INCLUDING  CITY  SCHOOL  DISTRICTS REGARDLESS OF POPULATION,
BOARDS  OF  COOPERATIVE  EDUCATIONAL   SERVICES   AND   PRE-KINDERGARTEN
PROGRAMS.
  S  2.  The  education  law is amended by adding a new section 409-j to
read as follows:
  S 409-J.  PARENT  NOTIFICATION  OF  ENVIRONMENTAL  HEALTH  AND  SAFETY
HAZARDS  IN  SCHOOLS.  1. TO ENSURE THAT EACH STUDENT, PARENT, PERSON IN
PARENTAL RELATION AND SCHOOL EMPLOYEE HAS ACCESS  TO  INFORMATION  ABOUT
ENVIRONMENTAL HEALTH ISSUES AND HAZARDS IN THEIR SCHOOL ENVIRONMENT, THE
FOLLOWING ACTIONS SHALL BE REQUIRED TO BE TAKEN BY SCHOOLS:
  A.  EVERY  SCHOOL DISTRICT SHALL APPOINT AN INFORMATION ACCESS CONTACT
PERSON;
  B. AT THE BEGINNING OF EACH SCHOOL YEAR, EVERY SCHOOL SHALL INFORM AND
EDUCATE STUDENTS, PARENTS,  PERSONS  IN  PARENTAL  RELATION  AND  SCHOOL
EMPLOYEES  THAT  THEY  HAVE  A RIGHT TO ALL INFORMATION ABOUT HEALTH AND
SAFETY CONDITIONS  IN  THEIR  SCHOOL  FACILITIES  AS  REQUIRED  IN  THIS
SECTION,  INCLUDING BUT NOT LIMITED TO HAZARDOUS SUBSTANCES USED, STORED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05101-01-9
              

A. 1695                             2

OR PRESENT IN SCHOOL FACILITIES; CONSTRUCTION AND REHABILITATION  ACTIV-
ITIES;  AIR  OR  WATER QUALITY SAMPLING RESULTS AND PROBLEMS; PROCEDURES
FOR INFORMATION ACCESS;  IDENTIFICATION  OF  SCHOOL  DISTRICT  EMPLOYEES
DESIGNATED  TO SERVE AS INFORMATION ACCESS CONTACT PERSONS; REQUIREMENTS
FOR TIMELY RESPONSE TO INFORMATION REQUESTS; AND OTHER  PROCEDURES  THAT
WILL ENSURE READY ACCESS TO SUCH INFORMATION;
  C.    ALL  SCHOOLS,  BOARDS  OF  COOPERATIVE  EDUCATIONAL SERVICES AND
PRE-KINDERGARTEN  PROGRAMS  SHALL  ANNUALLY  NOTIFY  STUDENTS,  PARENTS,
PERSONS  IN  PARENTAL  RELATION  AND  SCHOOL  EMPLOYEES OF ALL HAZARDOUS
SUBSTANCES USED, STORED OR PRESENT IN FACILITIES  WITHIN  THEIR  SCHOOL,
INCLUDING ACTIVITIES INVOLVING HAZARDOUS SUBSTANCES CONDUCTED BY PRIVATE
CONTRACTORS.  EACH SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND
PRE-KINDERGARTEN PROGRAM SHALL:
  (I)  ANNUALLY INVENTORY ALL HAZARDOUS SUBSTANCES USED, STORED OR PRES-
ENT IN ITS FACILITIES, WHICH INVENTORY SHALL  BE  AVAILABLE  FOR  PUBLIC
REVIEW,
  (II)  DEVELOP WRITTEN PLANS TO ELIMINATE OR MINIMIZE THE USE AND PRES-
ENCE OF HAZARDOUS SUBSTANCES IN ITS FACILITIES, INCLUDING A TIMETABLE TO
ACCOMPLISH THE PLAN COMPONENTS, WHICH PLANS HAVE BEEN SUBJECT TO  PUBLIC
REVIEW PRIOR TO ADOPTION, AND
  (III)  PREPARE  WRITTEN REPORTS OF THE RESULTS OF ALL SAMPLING, EVALU-
ATION AND REMEDIATION ACTIVITIES AS APPROPRIATE, SUBMIT SUCH REPORTS  TO
THE  SCHOOL DISTRICT AND THE DEPARTMENT, AND MAKE AVAILABLE SUCH REPORTS
TO THE PUBLIC; AND
  D.  EVERY  SCHOOL,  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  AND
PRE-KINDERGARTEN  PROGRAM  SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS,
AT LEAST TWO SCHOOL DAYS PRIOR TO ANY MAJOR FACILITY CONSTRUCTION, DEMO-
LITION, MAINTENANCE OR RENOVATION, OR ANY OTHER ACTIVITY WITH THE POTEN-
TIAL TO RESULT IN EXPOSURES TO INDOOR OR OUTDOOR HAZARDS THAT MAY HAVE A
SIGNIFICANT EFFECT ON THE HEALTH OF THE OCCUPANTS OF THE FACILITIES:
  (I) A WARNING NOTICE SHALL BE PROMINENTLY POSTED AT EACH  ENTRY  POINT
OF  EACH FACILITY AND SCHOOL GROUNDS, WHICH HAS THE FOLLOWING FORMAT AND
INCLUDES THE FOLLOWING INFORMATION:
        "NOTICE OF SCHOOL ACTIVITIES INVOLVING HAZARDOUS SUBSTANCES
  THE PURPOSE OF THIS  NOTICE  IS  TO  ENSURE  THAT  STUDENTS,  PARENTS,
PERSONS  IN PARENTAL RELATION AND SCHOOL EMPLOYEES ARE NOTIFIED THAT THE
FOLLOWING ACTIVITIES WILL BE OCCURRING IN THIS SCHOOL:
SCHOOL NAME
SCHOOL ADDRESS
PROPOSED ACTIVITY
LOCATION OF PROPOSED ACTIVITY
HAZARDOUS SUBSTANCES UTILIZED (IF APPLICABLE)
MATERIAL DATA SAFETY SHEET IS AVAILABLE FROM THE CONTACT PERSON LISTED
BELOW.
DATE/TIME AND DURATION OF PROPOSED ACTIVITY
CONTACT PERSON/LOCATION FOR FURTHER INFORMATION."
  (II) SCHOOLS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AND  PRE-KIN-
DERGARTEN  PROGRAMS  SHALL  ALSO PROVIDE A WRITTEN NOTICE TO ALL PARENTS
AND PERSONS IN PARENTAL RELATION OF THE INFORMATION SPECIFIED IN SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH.
  (III) IF THERE IS NEED FOR AN UNANTICIPATED OR EMERGENCY ACTIVITY,  AS
DEFINED  BY  THE  COMMISSIONER,  PURSUANT TO THIS PARAGRAPH, THE WARNING
NOTICE FORM AND WRITTEN NOTICE MAY BE PROVIDED IMMEDIATELY FOLLOWING THE
CONDUCT OF THE ACTIVITY.
  (IV) NOTIFICATION SHALL BE PROVIDED TO INDIVIDUALS PURSUANT  TO  THEIR
RIGHTS TO INFORMATION UNDER THE FEDERAL AMERICANS WITH DISABILITIES ACT,

A. 1695                             3

THE  INDIVIDUALS WITH DISABILITIES EDUCATION ACT, AND SECTION 504 OF THE
REHABILITATION ACT.
  2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED AS
FOLLOWS:
  A. "HAZARDOUS SUBSTANCES" SHALL MEAN AND INCLUDE LEAD,  RADON,  ASBES-
TOS, FORMALDEHYDE, PRODUCTS CONTAINING GREATER THAN TEN PERCENT VOLATILE
ORGANIC  COMPOUNDS  AND ANY SUBSTANCE LISTED AS A SUBSTANCE HAZARDOUS TO
THE PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT IN REGULATIONS  PROMULGATED
PURSUANT TO ARTICLE THIRTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
  B.  "FACILITY"  SHALL  MEAN SCHOOL BUILDINGS, LANDS AND OTHER APPURTE-
NANCES  OF  A  SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES.
  C.  "INFORMATION  ACCESS  CONTACT PERSON" SHALL MEAN A SCHOOL DISTRICT
EMPLOYEE, APPOINTED  BY  THE  SUPERINTENDENT,  WHO  IS  RESPONSIBLE  FOR
PROVIDING   INFORMATION   ON  SCHOOL  ENVIRONMENTAL  HEALTH  AND  SAFETY
REQUESTED BY ANY INDIVIDUAL RESIDING IN THE SCHOOL DISTRICT OR BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.