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

                                 8360--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2011
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to amend the education law, in relation to approval of leases

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

  Section 1. Subdivision 6 of section 2554  of  the  education  law,  as
amended  by  chapter  170  of  the  laws  of 1994, is amended to read as
follows:
  6. A. To lease property required for the purpose of furnishing  school
accommodations for schools administered by the board of education and to
prepare  and execute leases therefor. To be eligible for aid pursuant to
subdivision six of section thirty-six hundred two of this  chapter,  any
such  lease  shall  be  approved by the commissioner prior to execution,
PROVIDED THAT  THE  COMMISSIONER  MAY  APPROVE  A  LEASE  SUBMITTED  FOR
APPROVAL AFTER EXECUTION UPON A SHOWING OF GOOD CAUSE FOR THE DELAY; the
leased  space  shall  meet  requirements  for access by individuals with
disabilities to both facilities and programs, as defined in  regulations
of the commissioner; the requirements set forth in paragraphs a, b, c, d
and f of subdivision one of section four hundred three-b of this chapter
shall  be  met,  except  for  the requirement of voter approval; and the
leased space shall be used to house programs for pupils in grades  prek-
indergarten  through  twelve,  other  than  programs  funded pursuant to
section forty-four hundred ten of this chapter, with minimal  associated
administrative and support services space as approved by the commission-
er.
  B.  PRIOR TO THE EXECUTION OF A NEW LEASE FOR A BUILDING TO BE USED AS
AN EDUCATIONAL FACILITY IN A CITY SCHOOL DISTRICT LOCATED IN A  CITY  OF
ONE  MILLION  OR MORE INHABITANTS, THE NEW YORK CITY SCHOOL CONSTRUCTION
AUTHORITY SHALL COMPLETE A (I) PHASE  I  ENVIRONMENTAL  SITE  ASSESSMENT
PURSUANT  TO STANDARD E1527 OF THE AMERICAN SOCIETY OF TESTING AND MATE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11654-05-1
              

A. 8360--A                          2

RIALS,  OR  OTHER  STANDARD  SELECTED  BY  THE  NEW  YORK  CITY   SCHOOL
CONSTRUCTION  AUTHORITY  THAT IS NO LESS STRINGENT, AND SHALL INCLUDE AS
NECESSARY, BUT NEED NOT BE LIMITED TO, A SITE INSPECTION AND A REVIEW OF
READILY  AVAILABLE HISTORICAL RECORDS AND REGULATORY DATABASES; AND (II)
IF WARRANTED, A PHASE II ENVIRONMENTAL SITE ASSESSMENT PURSUANT TO STAN-
DARD E1903 OF THE AMERICAN SOCIETY OF TESTING AND  MATERIALS,  OR  OTHER
STANDARD  SELECTED  BY  THE  NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY
THAT IS NO LESS STRINGENT, AND SHALL INCLUDE AS NECESSARY, BUT NEED  NOT
BE  LIMITED  TO, A SAMPLING OF ENVIRONMENTAL MEDIA, AN EVALUATION OF THE
COLLECTED DATA RELATIVE TO THE SITE'S INTENDED  USE  AS  A  SCHOOL,  AND
IDENTIFICATION  OF  MITIGATION  OR REMEDIAL MEASURES REQUIRED TO ADDRESS
ENVIRONMENTAL CONDITIONS, IF APPROPRIATE.
  C. COPIES OF THE PHASE I ENVIRONMENTAL SITE ASSESSMENT, PHASE II ENVI-
RONMENTAL SITE ASSESSMENT, AND ANY REMEDIAL WORK PLANS  THAT  HAVE  BEEN
PREPARED  FOR  THE  PROPOSED  LEASE  PROPERTY  OR BUILDING SHALL BE MADE
AVAILABLE ON THE NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY'S  OFFICIAL
INTERNET  WEBSITE,  AND A COPY SHALL BE FURNISHED TO ANY INDIVIDUAL UPON
REQUEST.
  S 2. This act shall take effect April 1, 2012.