S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3397--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, ADDABBO, ASHBY, BAILEY, BRISPORT, BROUK,
   CANZONERI-FITZPATRICK,  CHU,  COMRIE,  COONEY,  GONZALEZ,   GOUNARDES,
   HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LANZA, LIU, MANN-
   ION,  MARTINEZ,  MARTINS,  MATTERA, MAY, MAYER, MURRAY, MYRIE, PARKER,
   ROLISON, RYAN, SALAZAR, SCARCELLA-SPANTON, THOMAS, WEBB,  WEBER,  WEIK
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on Education -- recommitted to the Committee on Educa-
   tion in accordance with Senate Rule 6, sec. 8 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN ACT to amend the education law, in relation to establishing a maximum
   temperature in school buildings and indoor facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The education law is amended by adding a new section 409-n
 to read as follows:
   § 409-N. MAXIMUM TEMPERATURES IN SCHOOL BUILDINGS AND FACILITIES.  ALL
 COMMON, UNION FREE, CENTRAL, CENTRAL HIGH SCHOOLS, CITY SCHOOL DISTRICTS
 AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES SHALL DEVELOP A POLICY
 FOR ENSURING THE HEALTH AND  SAFETY  OF  STUDENTS,  FACULTY,  AND  OTHER
 EMPLOYEES,  ON  EXTREME  HEAT  CONDITION  DAYS.  FOR THE PURPOSE OF THIS
 SECTION, EXTREME HEAT CONDITION DAYS SHALL BE DEFINED AS DAYS  WHEN  THE
 OCCUPIABLE  EDUCATIONAL  AND  SUPPORT  SERVICES  SPACES  ARE FOUND TO BE
 EIGHTY-TWO DEGREES OR  GREATER  FAHRENHEIT.  FOR  THE  PURPOSE  OF  THIS
 SECTION, SUPPORT SERVICES SPACES SHALL NOT INCLUDE KITCHEN AREAS USED IN
 THE PREPARATION OF FOOD FOR CONSUMPTION BY STUDENTS.  FOR THE PURPOSE OF
 THIS  SECTION,  ROOM TEMPERATURE SHALL BE MEASURED AT A SHADED LOCATION,
 THREE FEET ABOVE THE FLOOR NEAR THE CENTER OF THE ROOM. SCHOOLS SHALL BE
 REQUIRED TO TAKE ACTION TO  RELIEVE  HEAT-RELATED  DISCOMFORT  WHEN  THE
 OCCUPIED SPACE TEMPERATURE REACHES EIGHTY-TWO DEGREES FAHRENHEIT.  THESE
 ACTIONS  MAY  INCLUDE,  BUT ARE NOT LIMITED TO, TURNING OFF THE OVERHEAD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02813-02-4
              

 S. 3397--A                          2
 
 LIGHTS, PULLING DOWN SHADES OR BLINDS, TURNING ON FANS,  OPENING  CLASS-
 ROOM DOORS AND WINDOWS TO INCREASE CIRCULATION, TURNING OFF UNUSED ELEC-
 TRONICS  THAT PRODUCE HEAT, AND PROVIDING WATER BREAKS.  EDUCATIONAL AND
 SUPPORT  SERVICES  SPACES CANNOT BE OCCUPIED IF ROOM TEMPERATURE REACHES
 EIGHTY-EIGHT DEGREES FAHRENHEIT.
   § 2. Paragraph a of subdivision 3 of section 2801-a of  the  education
 law,  as  amended  by  section  1 of part B of chapter 54 of the laws of
 2016, is amended to read as follows:
   a. policies  and  procedures  for  response  to  emergency  situations
 INCLUDING  EXTREME  HEAT CONDITIONS, such as those requiring evacuation,
 sheltering, and lock-down. These policies shall include, at  a  minimum,
 evacuation  routes, shelter sites, and procedures for addressing medical
 needs, transportation and emergency notification of parents and  guardi-
 ans;
   § 3. This act shall take effect September 1, 2025.