Requires the replacement of lighting ballasts and lighting fixtures in buildings in New York City constructed between 1950 and 1978 that are used as schools

3 Co-sponsors

• Tony Avella
• Brad Hoylman-Sigal
• José M. Serrano

BILL NUMBER:S3774

Title of bill

An act to amend the administrative code of the city of New York, in relation to requiring the replacement of lighting ballasts and lighting fixtures in buildings constructed between 1950 and 1978 that are used as schools and requiring the promulgation of regulations by the state department of education

Purpose or general idea of bill

The purpose of this legislation is to require the New York City Department of Education (DOE) to replace all lighting fixtures constructed between 1950 and 1978 using materials that do not contain PCBs.

Summary of specific provisions

Section 1 amends subchapter 7 of Chapter 1 of title 27 of the administrative code of the city of New York by adding a new article 23.

Section 2 adds a new unconsolidated section of the education law willing the state education department to implement and enforce rules or regulations necessary to effectuate the provisions of this act.

Section 3 establishes the effective date.

Justification

The dangers of PCBs are well documented, and have been observed to cause cardiovascular, endocrine, immune and cognitive damage in addition to other. complications. In children, whose developing systems are exposed to PCBs in schools throughout the school year, exposure has been additionally linked with attention-deficit/ hyperactivity disorder (ADHD), increased aggression and many other. symptoms that constitute a serious impediment to cognitive development and learning.

In August of 2010, it was reported that the three schools tested over the summer, P.S 199 in Manhattan, P.S. 178 in the Bronx, and P.S. 309 in Brooklyn all reported PCS levels above the EPA guidance levels. In P.S. 309, the contamination was found to be 50 times this standard. PCBs are found in window caulk, lighting ballasts and other materials used in construction between 1950 and 1978. There are believed to be 700-800 schools in New York City that fall in this category.

In a letter addressed to a New York City Deputy Mayor, EPA issued a scathing reprimand to the City and suggested that it was in violation of the Toxic Substances Control Act if it did not immediately implement a citywide lighting fixture replacement process. The EPA has begun its own inspections of lighting ballasts.

These lighting ballasts must eventually be replaced, and the energy savings achieved by this project along with available avenues of funding would offset replacement costs.

Prior legislative history

A.5374 of 2011-2012

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately; provided however that section one of this act shall take effect on the one hundred eightieth day after it shall become a law.