Chapter 163

2012 -- S 2277 SUBSTITUTE A AS AMENDED

Enacted 06/06/12

A N A C T

RELATING TO HEALTH AND SAFETY - ENVIRONMENTAL CLEAN UP OBJECTIVES FOR SCHOOLS

Introduced By: Senators Pichardo, Jabour, Metts, Picard, and Crowley

Date Introduced: February 01, 2012

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-19.14-4 of the General Laws in Chapter 23-19.14 entitled

"Industrial Property Remediation and Reuse Act" is hereby amended to read as follows:

23-19.14-4. Objectives of environmental clean-up. – (a) The department of

environmental management will develop, maintain and publish numerical objectives for the most

commonly found hazardous substances. These objectives will be applicable for the clean-up of

contaminated properties to levels which are protective of human health and the environment

based on current and reasonably foreseeable future use of a property and the surrounding natural

resources.

(b)(1) The construction of any new school building; or

(2) Construction of an addition to any existing school building; or

(3) Leasing of any portion of an existing building to serve as a school, shall be prohibited

on any portion of a parcel of property for which, upon occupancy, there exists an ongoing

potential for hazardous materials and/or petroleum to migrate as vapors or gases into the building

from the subsurface of the parcel of property, including any potential failure of engineered

remedies to address said vapors or gases.

(c) The construction of any school building, or construction of an addition to any existing

school building, or leasing of any portion of an existing building to serve as a school on any

portion of a parcel of property formerly used for industrial, manufacturing or landfill purposes

that is contaminated by hazardous materials, other than on a parcel of property described in

subsection (b) of this section, shall be prohibited unless at least thirty (30) days prior to selecting

the location for construction or leasing the building the project sponsor undertakes all of the

following measures with ten (10) days prior written notice to the public of each measure

undertaken:

(1) Prepares and posts on the sponsor's website a written report that: (i) Projects the costs

to acquire or lease the property, and to cleanup and maintain the property in accordance with the

department of environmental management's Rules and Regulations for the Investigation and

Remediation of Hazardous Material Releases (the Remediation Regulations); (ii) Projects the

time period required to complete a cleanup of the property for school purposes prior to occupancy

by obtaining either a Letter of Compliance from the department of environmental management or

a determination by said department that the property is not jurisdictional under the Remediation

Regulations; (iii) Discusses the rationale for selecting the property for use as school purposes and

an explanation of any alternatives to selecting said property considered by the project sponsor;

(2) Solicits written comments on the report prepared pursuant to subdivision (1) of this

subsection for a period of at least thirty (30) days after posting said report on the sponsors website

and conducts a public hearing during said thirty (30) day period at which public comment is taken

on said report; and

(3) Prepares a second written report that summarizes and responds to the public

comments received during the public comment period and at the public hearing and posts said

second report on the sponsor's website.

(d) The sponsor of any school project subject to the provisions of subsection (c) of this

section shall consider the results and findings contained in the reports required by subsection (c)

when selecting the location of said project.

(e) As used in this section.

(1) The term "school" means any residential or non-residential school building, public,

private or charter, of any city or town or community educational system regulated, directly or

secondarily, by the board of regents for elementary and secondary education or the department of

elementary and secondary education or any other state education board or local city or town

school board or school committee or other legal educational subdivision acting under it. As used

in this chapter, the term "school or schools" includes, but is not limited to, school playgrounds,

school administration buildings, indoor school athletic facilities, school gymnasiums, school

locker rooms, and similar school buildings. A school shall not include any institutions for

education of adults (e.g. colleges, universities, graduate schools, trade schools) or child-care

facilities as regulated by the department of children, youth and families.

(2) The term "landfill" means for purposes of this section, any portion of a parcel of

property that was used as a landfill as defined in section 23-19.1-4 or a sanitary landfill, dump or

other disposal area where more than thirty (30) cubic yards of solid waste was disposed.

(3) The term "hazardous materials" means any materials defined as hazardous materials

pursuant to section 23-19.14-3.

(4) The term "solid waste" means any materials defined as solid waste pursuant to section

23-18.9-7.

SECTION 2. Section 16-9-4.1 of the General Laws in Chapter 16-9 entitled "School

Funds and Property" is hereby amended to read as follows:

16-9-4.1. New school construction -- Regulations for technology requirements. -- (a)

The department of elementary and secondary education is instructed to develop regulations to

ensure that any city, town, or district which undertakes "new school construction" as defined in

this section provides in the planning for necessary wiring which is consistent with current

standards for computer networking technology in schools.

(b) The sponsor of any new school construction project or any school project involving

the leasing of any portion of an existing building for use as a school shall also comply with the

requirements for schools set forth in section 23-19.14-4.

(c)(b) For the purposes of this section, "new school construction" means: (1) Any new

school buildings.

      (2) Additions of any new classrooms to existing school buildings.

SECTION 3. This act shall take effect upon passage.

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LC01040/SUB A

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