BILL NUMBER:S2961

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 Educa-
tion.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would amend the Education Law by  adding  a  new
section 409-1 to require radon testing in all public and private elemen-
tary  and  secondary  school  buildings  (i.e.,  schools for children in
kindergarten through 12th grade).

New section 409-1 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 July 1, 2014.

JUSTIFICATION:   A January 2009 Surgeon General's Health Advisory stated
that "Radon is the leading cause of lung cancer among nonsmokers,  caus-
ing   an   estimated   15,40021,800   lung   cancer   deaths   annually"
              

http://www.surgeongeneral.gov/library/calls/healthyhomes/calltoaction
topromotehealthyhomes.pdf, PAGE 6 OF HOME BUYER'S AND SELLER'S GUIDE  TO
RADON  (LAST  VISITED  1/25/13).  SEE ALSO, New York State Department of
Health  website,  http://www.health.ny.gov./publications/3168.pdf  (last
visited 1/25/13).

The Environmental Protection Agency (EPA) has estimated that radon caus-
es    about    20,000    lung    cancer   deaths   per   year.      (See
http://www.epa.gov/radon/) 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 link from NYSDOH radon information citation above).

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/schools/pdfs/kit/managing_radon.pdf).    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. Explic-
it  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". 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:  2011-12: S.1135/A.4064 - Referred to Educa-
tion  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, 2014.