2012 -- S 2277 SUBSTITUTE A AS AMENDED

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LC01040/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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resources.

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

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

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

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

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

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

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remedies to address said vapors or gases.

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

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

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

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

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

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

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

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undertaken:

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

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

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

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

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

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

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

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

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

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

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

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

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on said report; and

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

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

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second report on the sponsor's website.

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

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

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when selecting the location of said project.

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     (e) As used in this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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pursuant to section 23-19.14-3.

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

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23-18.9-7.

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

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

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

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

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

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

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standards for computer networking technology in schools.

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

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

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

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

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school buildings.

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

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     SECTION 3. This act shall take effect upon passage.

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LC01040/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - ENVIRONMENTAL CLEAN UP OBJECTIVES

FOR SCHOOLS

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

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new construction.

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     This act would take effect upon passage.

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LC01040/SUB A

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