2012 -- H 7412

=======

LC01243

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO HEALTH AND SAFETY - ENVIRONMENTAL CLEAN UP OBJECTIVES

FOR SCHOOLS

     Introduced By: Representatives Slater, Blazejewski, and Diaz

     Date Introduced: February 08, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

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

1-4

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

1-5

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

1-6

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

1-7

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

1-8

resources.

1-9

     (b)(1) The construction of any new school building; or (2) Construction of an addition to

1-10

any existing school building; or (3) Leasing of any portion of an existing building to serve as a

1-11

school shall be prohibited on any portion of a parcel of property for which, upon occupancy, there

1-12

exists an ongoing potential for hazardous materials and/or petroleum to migrate as vapors or

1-13

gases into the building from the subsurface of the parcel of property, including any potential

1-14

failure of engineered remedies to address said vapors or gases.

1-15

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

1-16

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

1-17

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

1-18

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

1-19

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

2-1

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

2-2

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

2-3

undertaken:

2-4

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

2-5

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

2-6

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

2-7

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

2-8

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

2-9

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

2-10

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

2-11

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

2-12

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

2-13

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

2-14

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

2-15

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

2-16

on said report; and

2-17

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

2-18

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

2-19

second report on the sponsor's website.

2-20

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

2-21

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

2-22

when selecting the location of said project.

2-23

     (e) As used in this section.

2-24

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

2-25

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

2-26

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

2-27

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

2-28

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

2-29

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

2-30

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

2-31

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

2-32

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

2-33

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

3-34

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

3-35

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

3-36

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

3-37

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

3-38

pursuant to section 23-19.14-3.

3-39

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

3-40

23-18.9-7.

3-41

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

3-42

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

3-43

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

3-44

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

3-45

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

3-46

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

3-47

standards for computer networking technology in schools.

3-48

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

3-49

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

3-50

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

3-51

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

3-52

school buildings.

3-53

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

3-54

     SECTION 3. This act shall take effect upon passage.

=======

LC01243

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - ENVIRONMENTAL CLEAN UP OBJECTIVES

FOR SCHOOLS

***

4-1

     This act would provide further regulation of the use of former hazardous waste sites for

4-2

new construction.

4-3

     This act would take effect upon passage.

=======

LC01243

=======