S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    12
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 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-M 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.
   §  2.  The  education  law is amended by adding a new section 409-m to
 read as follows:
   § 409-M.  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04120-01-9

 S. 12                               2
 
 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 CONTRAC-
 TORS.  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,  DEMOLI-
 TION,  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,
 THE  INDIVIDUALS WITH DISABILITIES EDUCATION ACT, AND SECTION 504 OF THE
 REHABILITATION ACT.

 S. 12                               3
 
   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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.