Establishes the state Green School Construction Act

Summary of specific provisions

Section 1 of the bill amends §408 of the education law by adding new subsection 3-a, which requires state school districts to comply with the energy conservation practices and standards developed by. DOE and NYSERDA. Furthermore, new subsection 3-a establishes exemptions to the building standards which include: I) an existing school building that has a historic status and compliance would alter the historic character of such school building; 2) compliance would not be cost effective over the useful life of such renovation; 3) compliance would be inconsistent with or violate federal or state law; 4) such other circumstances as DOE may reasonably determine pursuant to regulations to not be appropriate; or 5) the design or planning process for such new construction or substantial renovation has substantially commenced, as defined by the regulations,

Section 2 of the bill amends 6408-a of the education law by giving the commissioner of general services, in consultation with DOE, NYSERDA, the department of environmental conservation (DEC), the department of health (DOH), the dormitory authority of the state of New York (DASNY), the department of state (DOS), the office of parks, recreation and historic preservation (SHP0), and any other agency as determined by the office that may be affected by this section, authority to make plans and spec- ifications for the construction of new school buildings consistent with the regulations established by the State Green Building Construction Act (article 4-C of the general buildings law) to the maximum extent possi- ble. in establishing such plans and specification, OGS may consult green construction requirements and procedures established or adopted by other agencies, and by private organizations, including but not limited to the United States green building council under its leadership in energy and environmental design programs, the green building initiative's green globes rating system, and the American National Standards Institute. The commissioner of general services shall, as often as he or she deems advisable but at least annually, review such master sets and, after consultation with the commissioner of education, and subject to approval of the director of the budget, may revise or cancel any of such sets or prepare new sets.

Section 3 establishes this act to take effect on the three hundred sixty-fifth day after it shall have become a Law; provided that DOE is authorized to promulgate, amend or repeal any rule or regulation which it deems necessary or appropriate to implement this act.

Justification

Research has found that schools can be built and reno- vated using high-performance methods that save money, improve school performance and make teachers, staff, and students more productive. high performance school buildings are proven to increase student test scores, reduce worker absenteeism, improve teacher and staff retention and cut energy and utility costs. Several states already have policies that require green building practices for public schools, including Califor- nia, New Jersey, Ohio and Washington. Green Buildings use resources, including energy, water, materials and land more efficiently and effec- tively and provide healthier environments for working, learning and living.

Green buildings minimize the negative environmental consequences by lessening changes to the natural environment; using recycled or recycla- ble material; incorporating renewable and energy efficient power gener- ation systems; using water resources more efficiently and producing less waste. Green school buildings provide employees and students with a healthier indoor work environment by effectively controlling air venti- lation systems and using alternative paints, finishes, adhesives, furni- ture, and fabrics that do not negatively affect air quality. By building green, school districts can save money by reducing maintenance costs and create sustainable buildings, which would foster new developments in green technologies.

New York was among the first states in the Nation to offer a tax incen- tive program for the developers and builders of environmentally friendly buildings. New York has signed into law measures intended to encourage building owners and developers to design, construct and operate build- ings that are more in harmony with the environment. The purpose of this act is to implement the development of high performance green school buildings by the State's school districts.

Prior legislative history

New bill.

Fiscal implications

Potential savings to the state.

Effective date

This act shall take effect 365 days after enactment.