In the last days of this year’s regular session of the State Legislature, a bill passed that purports to end a loophole in the School Construction Authority’s (SCA) process for securing leased space for use as schools.
Assembly Bill 8838 would require the SCA to treat all leased property in the same way as new school construction by having to submit it to the State Environmental Quality Review Act (SEQRA) and a community review process. Supporters of the bill say that failure to pass it could pose environmental risks to schoolchildren.
Nothing could be further than the truth.
In fact, the SCA uses a rigorous protocol for conducting environmental due diligence on leased projects. Its review meets a far stricter standard than in the years when the Division of School Facilities performed this function, during which time one New York City school was closed because of environmental concerns.
The SCA works closely with the State Department of Environmental Conservation (DEC) on investigations and remediation and complies with all DEC standards and requirements, as is required by law. That includes but is not limited to public notification and hearings when remediation of a school site is necessary.
In a recent meeting hosted by State Senator Frank Padavan, the Department of Education (DOE) sat down with environmental advocates in an effort to clarify misunderstandings relating to the SCA’s process for reviewing leased properties.
Everyone present agreed that the current SCA environmental review process should be codified in State law. Accordingly, Senator Padavan introduced Senate Bill 6393, which would make the SCA process part of the Public Authorities law. It would also mandate community notification and review of all remediation plans. (Senator Padavan passed his bill during a special session of the Senate on July 16.)
The DEC currently imposes stringent standards for remediation plans and community notification and review. Additionally, the New York Supreme Court, in the Park South case, concluded that SEQRA and community review were not required for schools sites procured through negotiated leases.
Regardless of that decision, current law, and DEC regulations, the Department is not opposed to a more public process on leased sites as set forth in the Padavan bill.
We are pleased that Senator Padavan, and environmental advocates, recognize that our present environmental review vastly improves on procedures in place before this administration. The Bloomberg Administration remains committed to protecting public interest and safety.
Joel I. Klein is the Chancellor of New York City Public Schools
