BILL NUMBER:S1135

TITLE OF BILL:
An act
to amend the education law, in relation to radon testing in schools

PURPOSE OR GENERAL IDEA OF BILL:
This bill would require all school buildings to be tested at least
once for radon. Further testing, if any, would be on a schedule to be
determined by the Commissioner of Education.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill would amend the Education Law by adding a new
section 409-j to require radon testing in all public and private
elementary and secondary school buildings (i.e., schools for children
in kindergarten through 12th grade).

New section 409-j also requires test results and other information to
be made publicly accessible, and provides, inter alia, for notice to
parent.

Section two provides for an effective date of September 1, 2008.

JUSTIFICATION:
A January 2005 Surgeon General's Health Advisory stated that "Indoor
radon is the second-leading cause of lung cancer in the United States
              

and breathing it over prolonged periods can present a significant
risk to families all over the country," repeated at EPA website,
HTTP://WWW.EPA.GOV/IAQ/RADON/PUBS/HMBYGUID.HTML, PAGE 4 OF HOME
BUYER'S AND SELLER'S GUIDE TO RADON (LAST VISITED 5/1/07). SEE ALSO,
New York State Department of Health website,
HTTP://WWW.NYHEALTHHEALTH.GOV/NYSDOH/RADONHOM.HTM (last visited 5/1/07).

The Environmental Protection Agency (EPA) has estimated that radon
causes about 21,000 lung cancer deaths per year. (See EPA'S 2003
ASSESSMENT OF RISKS FROM RADON IN HOMES (EPA 402-R-03-003). It is a
naturally occurring gas that, when it builds up indoors, can pose
risks to human health.

The EPA recommends taking action to reduce indoor radon levels if the
primary living areas of a home have radon concentrations above 4
pCi/L. The recommendation is repeated on the NYSDOH website as part
of the explanation of how to use the radon maps of New York State by
town and county. (See
WWW.WADSWORTH.ORG/RADON; link from NYSDOH radon information citation
above (last visited 1/15/07).

The EPA and the Surgeon General recommend testing all homes below the
third floor for radon, and the EPA also recommends radon testing in
schools. (See
HTTP://WWW.EPA.GOV/IAQ/RADON/PUBS/CITGUIDE.HTML (Citizen's Guide to
Radon, Overview, third bullet; site last visited 1/15/07). However,
there is no explicit statutory requirement in New York for radon
testing either in homes or other buildings, such as schools.


By contrast, Virginia has required radon testing, pursuant to
procedures established by the EPA, in public schools since 1994.(See
Virginia Code, §22.1-138.) Virginia does not require repeat testing
of schools.

In New York, Education Law article 9 governs school buildings and
sites. No section within article 9 deals explicitly with radon
testing. Explicit references to radon testing appear only in 8 NYCRR
155.5(m), which merely requires school districts to "take
responsibility" for being "aware of the geological potential for high
levels of radon and to test and mitigate as appropriate," and
155.6(18)(iv), which requires school districts to report radon test
results. Because radon exposure can be so harmful, especially at
lower levels of a building, because many schools are only a few
stories tall, and because children spend substantial parts of their
days in schools during the school year, this bill would require radon
testing in all public and private schools in the state.

While the manner and schedule for testing are to be established in
rules promulgated by the Commissioner, it is the intent of this
legislation that such testing be performed once following enactment,
unless a school has already tested for radon prior to enactment, and
such pre-enactment testing is sufficient based on the standards to be
contained in the Commissioner's regulations. Radon testing is
inexpensive; testing kits can be purchased from the Health Department
for less than ten dollars.

This measure will, at relatively low cost, help protect the health of
children in New York State.

PRIOR LEGISLATIVE HISTORY:
2009-10:   S.2455A/A.2991A - Recommitted to Education
2007-08:   S.3603/A.3722 - Recommitted in Education
2005-06:   A.11054 - Recommitted in Education

FISCAL IMPLICATIONS:
None to the state; minimal testing cost to local school districts.

EFFECTIVE DATE:
This act shall take effect on July 1, 2012.