School asbestos hazard grants shall be awarded in accordance with the provisions of section 437 of the Education Law, and this section. (a) Public school districts, boards of cooperative educational services and those nonpublic schools which provide instruction substantially equivalent to that provided in the public schools may submit grant applications for the approval of the commissioner. (b) Grant applications shall be in the form prescribed by the commissioner, and shall be filed with the commissioner no later than December 1st of the school year in which the grant is to be awarded. Such application shall include the following assurances by the governing body of the school district, BOCES or nonpublic school applying for a school asbestos hazard grant: (1) that an imminent hazard to health due to the presence of asbestos, as such terms are defined in section 432 of the Education Law, exists; (2) that grant funds received will be used exclusively for the abatement of asbestos hazards; (3) for school district and BOCES applicants only, that, contingent upon approval of the grant application pursuant to this section, a building project application, including plans and specifications, will be submitted to the Education Department no later than April 1st of the school year in which the grant is to be awarded; (4) for nonpublic school applicants only, that, contingent upon approval of the grant application pursuant to this section, copies of building permits issued for the project by the appropriate authority, or equivalent documentation satisfactory to the commissioner, will be submitted to the Education Department no later than April 1st of the school year in which the grant is to be awarded; (5) that contingent upon approval of the grant application pursuant to this section, construction contracts for the project will be executed on behalf of the governing body of the applicant no later than May 1st of the school year in which the grant is to be awarded; (6) that contingent upon approval of the grant application pursuant to this section, all reports required pursuant to subdivision (f) of this section will be submitted to the Education Department in a timely manner; and (7) that the local funds required to successfully complete the project will be available in a timely manner, or, where applicable, that a proposition authorizing the expenditure of funds for such purpose will be submitted to the voters of the school district. (c) The commissioner will rank all grant applications according to the degree of imminent hazard to health presented by the asbestos materials, using an exposure assessment scale. The exposure assessment scale shall be based on the nature and magnitude of the existing and potential hazards presented by the asbestos materials, and shall take into account the following factors: (1) the nature and condition of the asbestos material, including the degree of friability and asbestos content; (2) the extent of damage to the asbestos material, including water damage; (3) the exposed surface area; (4) the accessibility of the asbestos material; (5) the degree of activity and movement of the material; and (6) the degree of exposure to an air plenum or direct air stream. (d) The priority of approval of all grant applications which meet the requirements of this section shall be based upon their ranking on the exposure assessment scale as established by the commissioner pursuant to subdivision (c) of this section. Grant applications which receive the highest ranking will be approved first, and, subject to the availability of funds, additional applications will be approved in the descending order of their ranking on the exposure assessment scale. In the event that two or more applications have identical rankings on the exposure assessment scale and sufficient funds are not available for all such applications, the commissioner may, to the extent that funds are available, approve such applications or combination of applications as will, in the judgment of the commissioner, result in the abatement of an imminent hazard to the health of the greatest number of persons. (e) Grants shall be awarded for amounts of 60 percent of approved costs. Costs eligible for approval shall include costs associated with removal, encapsulation or containment of asbestos hazards and other costs incidental to such abatement procedures, including but not limited to the cost of bulk sample and air testing, architectural, engineering and other consultant fees, work site preparation costs, and worker protection costs. (f) Grant recipient shall submit such reports as are required by the Commissioner of Education, including but not limited to a building project data form SA-139 and a final building project report. The final building project report shall be in a form prescribed by the commissioner and shall be submitted no later than August 1st of the school year next following the school year in which the grant application is approved. (g) Payment of grants shall be pursuant to the following schedule: (1) sixty percent of the grant amount will be paid to public school districts and BOCES upon approval by the Commissioner of Education of the final plans and specifications for abatement projects for which grants were awarded; (2) sixty percent of the grant amount will be paid to nonpublic schools upon receipt by the Education Department of copies of building permits issued for the project by the appropriate authority, or of equivalent documentation satisfactory to the commissioner; (3) twenty-five percent of the grant amount will be paid upon the receipt and approval by the State Education Department of the building project data form SA-139; and (4) fifteen percent of the grant amount will be paid upon receipt by the State Education Department of the final building project report form. (h) Approval may be granted for a variance from any of the requirements of subdivisions (b) through (g) of this section, upon a finding that the requirements of this section will be substantially met.

(a) Purpose. Each school district, board of cooperative educational services (BOCES), and nonpublic school as defined in this section, may submit a claim for aid for approved expenses for asbestos inspections incurred on or after January 1, 1988 and prior to July 1, 1989, pursuant to the provisions of sections 15 and 16 of chapter 262 of the Laws of 1988. (b) Definitions. For the purpose of this section: (1) Nonpublic school shall mean a nonprofit, nonpublic elementary or secondary school which, by September 1, 1989, has submitted the claim form required pursuant to this section, and which establishes to the satisfaction of the commissioner that it provides instruction to pupils in accordance with Education Law, section 3204. (2) Approved expenditures for asbestos inspections shall mean cash expenditures approved by the commissioner for asbestos inspections and expenses related to such expenses as defined in subdivision 1 of each of sections 15 and 16 of chapter 262 of the Laws of 1988. (3) Instructional space shall mean space in which teachers or other professional staff meet with students for purposes of providing instruction or professional services, including service-related spaces such as, but not limited to boiler rooms, hallways, means of egress, toilets, cafeterias, as approved by the commissioner; provided that such term shall not include vacant facilities, dormitories, dwellings, public libraries and other facilities for which the primary use is administrative, storage, maintenance, bus and motor vehicle storage and/or maintenance or repair. (c) Approval of expenditures for asbestos inspections. Costs eligible for approval shall include the costs of the asbestos inspection activities described in paragraph b of subdivision 1 of each of sections 15 and 16 of chapter 262 of the Laws of 1988, provided that such activities have been completed by individuals and/or entities approved to perform such activities or services through programs approved by the Federal Environmental Protection Agency, and in the case of laboratories, also approved by the New York State Department of Health, and further provided that: (1) such inspection activities are conducted in facilities which are owned by a school district or board of cooperative educational services; or (2) when conducted in facilities leased by a school district or board of cooperative educational services, such inspection activities are conducted in those portions of such facilities which are used for BOCES or school district purposes as instructional space; or (3) when conducted in facilities owned or leased by a nonpublic school, such inspection activities are conducted in those portions of such facilities which are used as instructional space. (d) Each school district, BOCES and nonpublic school which seeks an apportionment pursuant to section 15 or 16 of chapter 262 of the Laws of 1988 shall submit a claim in a form prescribed by the commissioner no later than September 1, 1989. The commissioner shall pay aid pursuant to this section after timely receipt of properly executed claim forms, provided that no aid shall be payable prior to October 1, 1989.

(a) Definitions. For purposes of this section, the following terms shall have the meanings set forth below. (1) "Facility" means any school building used for instructional purposes and its surrounding grounds; sites and other grounds used for playgrounds, athletics and other instructional purposes; transportation facilities; and any administrative offices. (2) "Pesticide" shall have the same meaning as in subdivision (35) of section 33-0101 of the Environmental Conservation Law. (3) "Relevant facility" shall mean any facility where the staff person receiving notification regularly works, or where a child of the person in parental relation receiving notification regularly receives instruction. (4) "School" shall mean any public school district, private or parochial school, or board of cooperative educational services. (5) "School pesticide representative" shall mean an employee of a public school district, private or parochial school, or board of cooperative educational services (BOCES), who is designated to act as a person to provide written notification, and from whom further information may be obtained, concerning pesticide applications at such school district, private or parochial school, or BOCES. (6) "School year" shall mean the period commencing on the first day of regular instruction and ending on the last day of session. (7) "Spring recess" shall mean the vacation period following winter recess and prior to the end of the school year. (8) "Summer school" shall mean the period commencing on the first day of summer school instruction and ending on the last day of the session. (9) "Winter recess" shall mean the vacation period on or about January 1. (10) "Written notification" shall mean notice in writing that is: provided directly to the student or staff; or delivered to a receptacle designated for that student or staff; or mailed to the student's or staff's last known home address; or delivered by any other reasonable methods authorized by the Commissioner, including, but not limited to, delivery by means of a school newsletter. (b) Notification procedures. Schools shall establish written pesticide notification procedures to provide information on pesticide applications at relevant facilities according to the following provisions. (1) The school shall provide written notification to all staff and persons in parental relation at the beginning of each school year or summer school session. If a child enrolls after the beginning of the school year or summer school session, written notification shall be provided to the person in parental relation within one week of such enrollment. Such written notification shall include at a minimum the following information: (i) a statement that pesticide products may be used periodically throughout the school year or summer school session; (ii) a statement that schools are required to maintain a list of staff and persons in parental relation who wish to receive forty-eight hour prior written notification of pesticide applications at relevant facilities, and instructions on how to register with the school to be on such list for prior notification; and (iii) the name and phone number of a school pesticide representative who may be contacted to obtain further information.

(2) Within ten days of the end of the school year, and within two school days of the end of winter recess and spring recess, and within two days of the end of summer school, the school shall provide written notification to all staff and persons in parental relation listing the date, location and product used, for each application which required prior notification and each emergency application made, at relevant facilities, during the period of time since the previous notice. Each notification shall also include a statement that schools are required to maintain a list of staff and persons in parental relation who wish to receive forty-eight hour prior written notification of pesticide applications and instructions on how to register with the school to be on such a list for prior notification; how to obtain further information about the products being applied, including any warnings that appear on the label of the pesticides that are pertinent to the protection of humans, animals or the environment; and the name and phone number of a school pesticide representative who may be contacted for additional information. (3) Each school shall establish and maintain a list of staff and persons in parental relation who have requested written notification forty-eight hours in advance of pesticide applications at relevant facilities. Schools shall add any staff or person in parental relation to such list upon request. (4) Except as provided in Education Law section 409-h, (2) (e), not less than forty-eight hours prior to the application of a pesticide at a facility, the school pesticide representative shall provide to those on the list relevant to such facility, written notification which shall include, at a minimum, the following information: (i) the specific date and location of the application at the relevant facility. In case of outdoor applications, the notice may also include two alternative dates in case the application cannot be made due to weather conditions; (ii) the product name and the United States Environmental Protection Agency pesticide registration number; (iii) the following statements: "This notice is to inform you of a pending pesticide application to a school facility. You may wish to discuss with the designated school representative what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product(s) being applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticide Telecommunications Network information phone number 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Info line at 1-800-458-1158"; and (iv) the name and phone number of a school pesticide representative who may be contacted for additional information.

(v) A copy of the forty-eight hour notification shall also be posted in a public location within the relevant facility.

(c) Enforcement. (1) Complaint. Persons in parental relation, staff and other individuals may notify the Commissioner of Education or his/her designee of a school's alleged failure to comply with the requirements of Education Law section 409-h and this section by submitting a written complaint, in a format prescribed by the Commissioner, to the State Education Department, Office of Facilities Planning. Such complaint shall include: (i) the name, address and telephone number of the complainant; (ii) the name of the school district, board of cooperative educational services or nonpublic school against which the complaint is made; (iii) the name and address of the specific facility that is the subject of the complaint; and (iv) a detailed description of the complaint, including the nature of the school's alleged failure to comply and a statement of the facts in support of such alleged failure to comply. (2) Investigation. Upon receipt of a written complaint alleging a school's failure to comply with the requirements of this section, the Commissioner of Education or his/her designee shall conduct an investigation to ascertain the school's compliance with this section. (3) Withholding. (i) Whenever it shall have been demonstrated to the satisfaction of the Commissioner that a public school district has failed to adopt a procedure for notification, or to faithfully and completely implement this section, the Commissioner may, on thirty-days notice to the district, withhold from the district monies to be paid to such district for the current school year pursuant to Education Law section 3609-a, exclusive of monies to be paid in respect of obligations to the retirement systems for the school and district staff and pursuant to collective bargaining agreements. (ii) Where it has been demonstrated to the satisfaction of the Commissioner that a private or parochial school has failed to adopt a procedure for notification, or to faithfully and completely implement this section, the Commissioner may, on thirty-days notice to such school, withhold from the school State Aid monies to be paid to such school for the current school year pursuant to Chapter 507 of the Laws of 1974, as amended by Chapter 903 of the Laws of 1984. (iii) Prior to such withholding, the Commissioner shall provide the school an opportunity to present evidence of extenuating circumstances. When combined with evidence that the school shall promptly comply within a short time frame that shall be established by the Commissioner as part of an agreement between the school and the Commissioner, the Commissioner may temporarily stay the withholding of such funds pending implementation of such an agreement. If it is subsequently determined by the Commissioner that the school is in full compliance with this section, the Commissioner shall abate the withholding in its entirety.

(d) Monitoring system.

Boards of education and boards of cooperative educational services shall establish a process to monitor the condition of occupied public school buildings in order to assure that they are safe and maintained in a state of good repair. Such process shall include the following elements:

• (1) Establishment of a health and safety committee comprised of representation from district officials, staff, bargaining units and parents.
• (2) Establishment of a comprehensive maintenance plan for all major building systems to ensure the building is maintained in a state of good repair. Such plan shall include provisions for a least toxic approach to integrated pest management and establishing maintenance procedures and guidelines which will contribute to acceptable indoor air quality. The comprehensive maintenance plan shall be available for public inspection.

Site provides resources and actions for chemical and environmental contaminant hazards in the school environment.

2. Schools shall establish a pesticide notification procedure to provide information on pesticide applications at school facilities. Schools shall provide written notification of pesticide applications at any relevant facility to staff and persons in parental relation according to the following provisions:
   • (a)  The school shall provide written notification to all staff and persons in parental relation at the beginning of each school year. Provided however, that if a child enrolls after the beginning of the school year, notification shall be provided within one week of such enrollment. The notification provided at the beginning of the school year shall include at a minimum the following information:
   • (i)  a statement that pesticide products may be used periodically throughout the school year;
   • (ii)  a statement that schools are required to maintain a list of staff and persons in parental relation who wish to receive forty-eight hour prior written notification of pesticide applications at relevant facilities, and instructions on how to register with the school to be on such list for notification; and
   • (iii)  the name of a school representative and contact number to obtain further information.
   • (b)  Within ten days of the end of the school year and within two school days of the end of winter recess and spring recess, the school shall provide written notification to all staff and persons in parental relation listing the date, location and product used, for each application which required prior notification and each emergency application made, at relevant facilities, during the period of time since the previous notice. Such notification shall also include a statement that schools are required to maintain a list of staff and persons in parental relation who wish to receive forty-eight hour prior written notification of pesticide applications and instructions on how to register with the school to be on such list for prior notification; how to obtain further information about the products being applied, including any warnings that appear on the label of the pesticides that are pertinent to the protection of humans, animals or the environment; and the name of a school representative and contact number for additional information.
   • (c)  Each school shall establish and maintain a list of staff and persons in parental relation requesting written notification forty-eight hours in advance of pesticide applications at relevant facilities. Schools shall add any staff or person in parental relation to such list upon request.

3.  The commissioner of general services shall disseminate to all elementary and secondary schools guidelines and specifications for the purchase and use of environmentally-sensitive cleaning and maintenance products in elementary and secondary schools for use in their facilities. The commissioner of general services shall also prepare and disseminate to all elementary and secondary schools a sample list of such environmentally-sensitive cleaning and maintenance products that meet these guidelines or specifications. The commissioner of general services shall provide assistance and guidance to elementary and secondary schools in carrying out the requirements of this section. Elementary and secondary schools shall follow such guidelines, specifications and sample list when purchasing cleaning and maintenance products for use in their facilities.

4.  Elementary and secondary schools shall notify their personnel of the availability of such guidelines, specifications and sample list.

5.  On or before June first, two thousand seven, the department, in consultation with the office of general services, shall issue a report providing an analysis of the impact of such guidelines and specifications on the purchasing, procurement and use of environmentally-sensitive cleaning and maintenance products by elementary and secondary schools. Nothing in this section shall preclude an elementary or secondary school from depleting existing cleaning and maintenance supply stores purchased prior to the effective date of this section.

1. For purposes of this section the following terms shall have the meanings set forth below: (a) “School” shall mean any public school district or private or parochial school or board of cooperative educational services. (b) “Pesticide” shall have the same meaning as set forth in subdivision thirty-five of section 33-0101 of the environmental conservation law, provided however that it shall not include: (i) the application of anti-microbial pesticides and anti-microbial products as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h) (2); (ii) the use of an aerosol product with a directed spray, in containers of eighteen fluid ounces or less, when used to protect individuals from an imminent threat from stinging and biting insects, including venomous spiders, bees, wasps and hornets; (iii) the use of non-volatile insect or rodent bait in a tamper resistant container; (iv) the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR Part 152.25; (v) the use of boric acid and disodium octaborate tetrahydrate; or (vi) the use of horticultural soap and oils that do not contain synthetic pesticides or synergists.
2. No school shall apply pesticide to any playgrounds, turf, athletic or playing fields, except that an emergency application of a pesticide may be made as determined by the county health department or for a county not having a health department such authority as the county legislature shall designate, the commissioner of health or his or her designee, the commissioner of environmental conservation or his or her designee, or, in the case of a public school, the school board.