NY State Senate Bill 2021-S1348

Senate Bill S1348

2021-2022 Legislative Session

Establishes parental notification requirements for environmental health and safety hazards in schools

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
Jan 11, 2021	referred to education

co-Sponsors

2021-S1348 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §409, add §409-m, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6018
2017-2018: S82
2019-2020: S12

2021-S1348 (ACTIVE) - Summary

Requires schools, boards of cooperative educational services and pre-kindergarten programs to provide notification to students, parents and employees of environmental health and safety hazards within school facilities; requires the appointment of information access contact persons to ensure the dissemination of such information.

2021-S1348 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1348

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF THE BILL:

The bill creates a new Section 409-g of the State Education Law to
require school districts, BOCES and pre-kindergarten facilities to
undertake the following actions:

*appoint an information access contact person;
*at the beginning of each school year, 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;
*annually notify students, parents, persons in parental relation and
school employees of all hazardous substances used, stored or present in
facilities within their school;

*inventory all hazardous substances used, stored or present in its
facilities, which is available for public review;
*develop written plans to eliminate or minimize the use and presence of
hazardous substances;
*prepare written reports of results of all sampling and remediation
activities, which are publicly available; and
*at least two days prior to any major facility construction, demolition,
maintenance renovation or other activities that may have a significant
effect on the health of the occupants, post a written notice and send a
written notice to parents.

The amendment removes some language referring to pesticides, which are
already covered in legislation enacted into law in 2000.

 
JUSTIFICATION:

This bill will provide a much-needed layer of transparency 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.

 
PRIOR LEGISLATIVE HISTORY:

S.0012 of 2019-2020 (Hoylman): Died in Education
A.4827 of 2019-2020 (Englebright): Died in Education
S.0082 of 2017-2018 (Hoylman): Died in Education
A.6014of2017-2018(Englebright):Died in Education
S.6018of2015-2016(Hoylman): Died in Rules(2015)/Died in Education (2016)
A.2419of2015-2016(Englebright):Died in Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect sixty days after it becomes law.

2021-S1348 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1348
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sens. HOYLMAN, RIVERA -- 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
 DESIGNATED  TO SERVE AS INFORMATION ACCESS CONTACT PERSONS; REQUIREMENTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05689-01-1

 S. 1348                             2
 
 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.
   2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  ARE  DEFINED  AS
 FOLLOWS:

 S. 1348                             3
 
   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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1348

Share this bill

Sponsored By

Brad Hoylman-Sigal