S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   778

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by M. of A. ROSENTHAL, GOTTFRIED, ABINANTI, MILLER, ROBERTS,
  QUART, MARKEY,  BRENNAN,  OTIS,  PAULIN,  CAHILL,  DINOWITZ,  GUNTHER,
  ENGLEBRIGHT,  BUCHWALD -- Multi-Sponsored by -- M. of A. COLTON, COOK,
  GALEF, GLICK, LIFTON, MAYER, RIVERA, ROBINSON,  SEPULVEDA,  THIELE  --
  read once and referred to the Committee on Health

AN  ACT  to  amend  the public health law and the public service law, in
  relation to the protection of public health from exposure to radon  in
  natural gas

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent. The legislature finds that
radon and its radioactive progeny are a major cause of lung cancer,  and
that  there  is no safe exposure level for public health protection. New
York State has benefited from low levels of those  elements  in  natural
gas  delivered  to  consumers,  due  to  the low levels of radioactivity
occurring in the gas from the sources upon which New York has  primarily
relied.  However, there is now concern that natural gas may be coming to
New York State from sources with high levels of radioactivity from those
elements. It is the intent of this act to prevent levels  of  radon  and
its radioactive progeny from exceeding current levels in gas distributed
to  residential  and  other consumers, mindful of internationally-recog-
nized mitigation action levels. It is the intent of  this  act  to  only
regulate the distribution of gas within the state.
  S  2. The public health law is amended by adding a new article 35-B to
read as follows:
                              ARTICLE 35-B
                                  RADON
SECTION 3560. DEFINITIONS.
        3561. PROTECTION FROM RADON.
        3562. GAS CORPORATION REQUIREMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04246-01-5

              

A. 778                              2

  S 3560. DEFINITIONS. AS USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
CLEARLY REQUIRES OTHERWISE:
  1.  "BQ/M{3}"  MEANS BECQUEREL PER CUBIC METER, WHERE 1 BQ CORRESPONDS
TO ONE RADIOACTIVE DISINTEGRATION PER SECOND. 100 BQ/M{3}  IS  EQUAL  TO
2.7 PCI/L.
  2.  "CURIE"  IS  A  UNIT OF RADIOACTIVITY. ONE CURIE IS EQUAL TO 3.7 X
10{10} RADIOACTIVE DECAYS PER SECOND. ONE PICO CURIE (PCI) IS  1X10{-12}
CURIES.
  3.  "DELIVERY  POINT"  MEANS,  AS DETERMINED BY THE COMMISSIONER UNDER
THIS ARTICLE, A POINT IN A GAS CORPORATION'S DISTRIBUTION SYSTEM.
  4. "GAS" AND "GAS CORPORATION" SHALL HAVE THE SAME  MEANINGS  AS  THEY
ARE DEFINED AND USED IN THE PUBLIC SERVICE LAW.
  S  3561.  PROTECTION  FROM  RADON.  1. IT IS THE RESPONSIBILITY OF THE
COMMISSIONER TO MINIMIZE, THROUGH THE APPLICATION OF THE ALARA  (AS  LOW
AS  REASONABLY  ACHIEVABLE) PRINCIPLE, THE RISK TO MEMBERS OF THE PUBLIC
POSED BY EXPOSURE TO RADON AND ITS RADIOACTIVE PROGENY. TO ACHIEVE  THIS
GOAL,  THE COMMISSIONER MAY CALL FOR THE ASSISTANCE OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION AND THE PUBLIC SERVICE COMMISSION  AS  NECES-
SARY TO SUPPORT PERMITTING, MONITORING, COMPLIANCE AUDITING AND ENFORCE-
MENT ACTION AS DIRECTED BY THE COMMISSIONER.
  2.  THE  COMMISSIONER  SHALL  ESTABLISH  A SYSTEM FOR DETERMINING, AND
(WHERE THE COMMISSIONER  DEEMS  IT  APPROPRIATE)  DESIGNATING,  DELIVERY
POINTS  WHERE  GAS FROM A PIPELINE IS TRANSFERRED TO A GAS CORPORATION'S
DISTRIBUTION SYSTEM THAT ARE APPROPRIATE AND PRACTICABLE FOR  MONITORING
LEVELS  OF  RADON AND ITS RADIOACTIVE PROGENY TO ACHIEVE THE PURPOSES OF
THIS ARTICLE.
  3. IN ORDER TO ACHIEVE THE GOALS ESTABLISHED IN  THIS  SECTION,  EVERY
GAS  CORPORATION  SELLING OR OTHERWISE PROVIDING GAS TO CUSTOMERS IN NEW
YORK SHALL, CONSISTENT WITH  THIS  ARTICLE,  ESTABLISH  AND  MAINTAIN  A
PROGRAM  TO  CONTINUOUSLY MONITOR THE LEVEL OF RADON AND ITS RADIOACTIVE
PROGENY, MEASURED AS GROSS ALPHA ACTIVITY, IN THE NATURAL GAS  DELIVERED
TO  THE  GAS  CORPORATION  AT EACH DELIVERY POINT, REPORTING SUCH LEVELS
THROUGH A PUBLICLY-ACCESSIBLE WEBSITE ON A REAL TIME BASIS. THE  PROGRAM
SHALL  INCLUDE  PROVISION  FOR  GENERATING ALERTS TO THE GAS CORPORATION
RELATING TO THE MONITORED LEVELS AND APPROPRIATE RESPONSES.
  4. THE COMMISSIONER SHALL ESTABLISH A COMPLIANCE ASSURANCE SYSTEM  FOR
THE  MONITORING  SYSTEMS  REQUIRED  PURSUANT  TO SUBDIVISION TWO OF THIS
SECTION,  INCLUDING  A  PERIODIC  PHYSICAL  INSPECTION  AND  MEASUREMENT
PROGRAM  TO  BE  IMPLEMENTED  BY  THE DEPARTMENT AT THE VARIOUS DELIVERY
POINTS. THIS PROGRAM SHALL BE DESIGNED SO THAT EACH  DELIVERY  POINT  IS
INSPECTED AND SAMPLED AT LEAST TWICE PER YEAR BY THE DEPARTMENT.
  5. (A) THE COMMISSIONER SHALL MAKE REGULATIONS AND ESTABLISH A PROGRAM
TO  IMPLEMENT  AND  ENFORCE  THIS ARTICLE. THE COMMISSIONER SHALL COMPLY
WITH THIS PARAGRAPH WITHIN ONE YEAR AFTER THIS ARTICLE  SHALL  BECOME  A
LAW.
  (B)  AS  PART  OF  THIS ENFORCEMENT PROGRAM, WHENEVER THE COMMISSIONER
DETERMINES THAT A GAS CORPORATION IS NOT IN COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS ARTICLE, HE OR SHE SHALL ISSUE AN ORDER REQUIRING SUCH GAS
CORPORATION TO COMPLY, INCLUDING THE DEVELOPMENT AND IMPLEMENTATION OF A
PLAN OF CORRECTION. WHERE NECESSARY, THE COMMISSIONER MAY ORDER THE FLOW
OF NATURAL GAS AT ANY DELIVERY POINT THAT IS NOT IN COMPLIANCE WITH  THE
REQUIREMENTS  OF THIS ARTICLE BE SHUT OFF UNTIL A GAS CORPORATION BRINGS
THAT DELIVERY POINT INTO COMPLIANCE WITH THIS ARTICLE. THE  COMMISSIONER
MAY  IMPOSE  A  CIVIL FINE OF UP TO TWENTY-FIVE THOUSAND DOLLARS PER DAY
PER DELIVERY POINT ON THE GAS CORPORATION UNTIL THE RADON AND ITS RADIO-
ACTIVE PROGENY LEVELS AT EACH DELIVERY POINT THAT IS OUT  OF  COMPLIANCE

A. 778                              3

HAVE  BEEN  BROUGHT  INTO COMPLIANCE WITH THIS ARTICLE. THE COMMISSIONER
MAY COMMENCE A CIVIL ACTION OR PROCEEDING  WHENEVER  A  GAS  CORPORATION
FAILS  TO  COMPLY  WITH  AN  ORDER ISSUED BY THE COMMISSIONER UNDER THIS
ARTICLE.
  6. ANY PERSON MAY COMMENCE A CIVIL ACTION OR PROCEEDING AGAINST:
  (A)  ANY  GAS  CORPORATION THAT IS NOT IN COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS ARTICLE, AND
  (B) THE COMMISSIONER IF HE OR SHE FAILS TO ENFORCE THE REQUIREMENTS OF
THIS ARTICLE, PROVIDED THAT THE COMMISSIONER HAS RECEIVED NOTICE OF  THE
INTENT TO COMMENCE SUCH CIVIL ACTION OR PROCEEDING AND HAS FAILED WITHIN
THIRTY  DAYS OF RECEIVING SUCH NOTICE TO TAKE ENFORCEMENT ACTION AGAINST
A GAS CORPORATION THAT IS NOT IN COMPLIANCE WITH THIS ARTICLE. THE COURT
IN SUCH ACTION OR PROCEEDING MAY ISSUE  AN  INJUNCTION  OR  OTHER  ORDER
COMPELLING  COMPLIANCE  AND  SHALL ENTER AN ORDER REQUIRING A GAS CORPO-
RATION OR THE COMMISSIONER, AS THE CASE MAY BE, TO  PAY  THE  REASONABLE
LEGAL  FEES AND EXPENSES INCURRED BY THE INDIVIDUAL OR ORGANIZATION THAT
COMMENCED THE CIVIL ACTION OR PROCEEDING.
  S 3562. GAS CORPORATION REQUIREMENTS. 1. EACH  GAS  CORPORATION  SHALL
ESTABLISH  AND  IMPLEMENT  A RADON MITIGATION RESPONSE PROGRAM TO ENSURE
THAT THE LEVEL OF RADON AND ITS  RADIOACTIVE  PROGENY  AT  ANY  DELIVERY
POINT  SHALL NOT EXCEED:  100 BQ/M{3} (EQUIVALENT TO 2.7 PCI/L) AVERAGED
OVER ANY ONE HOUR PERIOD, 75 BQ/M{3} (EQUIVALENT TO 2.02 PCI/L) AVERAGED
OVER ANY 24 HOUR PERIOD, 50 BQ/M{3} (EQUIVALENT TO 1.37 PCI/L)  AVERAGED
OVER ANY SEVEN DAY PERIOD.
  2.  GAS  CORPORATIONS  ARE  PROHIBITED FROM BUILDING NEW OR ADDITIONAL
STORAGE FACILITIES TO MITIGATE RADON LEVELS.
  3. IT IS UNLAWFUL FOR ANY GAS CORPORATION TO PASS HARMFUL  EFFECTS  OF
MITIGATION TO OTHER REGIONS IN THE STATE.
  4.  NO  GAS  CORPORATION  SHALL DISTRIBUTE GAS UNLESS IT IS REASONABLY
CERTAIN THAT THE LEVEL OF RADON AND ITS RADIOACTIVE PROGENY IN  THE  GAS
WHEN  IT  IS  RECEIVED  BY  RESIDENTIAL OR OTHER CONSUMERS WILL BE AT OR
BELOW THE LEVEL OF 100 BQ/M{3} (EQUIVALENT TO 2.7 PCI/L)  AVERAGED  OVER
ANY ONE HOUR PERIOD.
  S  3.  Subdivision  1  of  section  18-a of the public service law, as
amended by section 2 of part NN of chapter 59 of the laws  of  2009,  is
amended to read as follows:
  1.  All  costs  and expenses of the department and commission shall be
paid pursuant to appropriation on the certification of the  chairman  of
the  department  and upon the audit and warrant of the comptroller.  THE
COSTS AND EXPENSES OF THE DEPARTMENT AND  COMMISSION  SHALL  INCLUDE  AN
AMOUNT  TO BE SUBALLOCATED TO THE DEPARTMENT OF HEALTH FOR THE COSTS AND
EXPENSES OF ADMINISTERING ARTICLE THIRTY-FIVE-B  OF  THE  PUBLIC  HEALTH
LAW.  The  state  treasury  shall  be reimbursed [therefore] THEREFOR by
payments to be made thereto from all moneys collected pursuant  to  this
chapter.  The  total  of  such  costs and expenses shall be borne by the
public utility companies (including for the  purposes  of  this  section
municipalities  other  than municipalities as defined in section eighty-
nine-l of this chapter), corporations (including the power authority  of
the  state  of  New York), and persons subject to the commission's regu-
lation, to be assessed in the manner provided in subdivisions two, three
and four of this section and section two hundred seventeen of this chap-
ter.
  S 4. Paragraph (a) of subdivision 2 of  section  18-a  of  the  public
service  law,  as  amended  by section 2 of part A of chapter 173 of the
laws of 2013, is amended to read as follows:

A. 778                              4

  (a) The chairman of the department shall estimate prior to  the  start
of  each  state  fiscal year the total costs and expenses, including the
compensation and expenses of the commission and  the  department,  their
officers,  agents  and  employees,  and including the cost of retirement
contributions,  social security, health and dental insurance, survivor's
benefits, workers' compensation, unemployment insurance and other fringe
benefits required to be paid by the  state  for  the  personnel  of  the
commission  and the department, and including all other items of mainte-
nance and operation expenses, and all other direct and  indirect  costs.
THE ESTIMATE BY THE CHAIRMAN OF THE DEPARTMENT RELATING TO THE COSTS AND
EXPENSES   OF   THE   DEPARTMENT  OF  HEALTH  OF  ADMINISTERING  ARTICLE
THIRTY-FIVE-B OF THE PUBLIC HEALTH LAW SHALL BE MADE IN  AGREEMENT  WITH
THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE BUDGET. Based on such
estimates,  the  chairman  shall determine the amount to be paid by each
assessed public utility company and the Long Island power authority  and
a bill shall be rendered to each such public utility company and author-
ity.
  S 5. If any provision of this act, or any application of any provision
of  this  act,  is  held to be invalid, or to violate or be inconsistent
with any federal law or regulation, that shall not affect  the  validity
or  effectiveness  of  any  other provision of this act, or of any other
application of any provision of this act,  which  can  be  given  effect
without  that  provision or application; and to that end, the provisions
and applications of this act are severable.
  S 6. This act shall take effect immediately; provided,  however,  that
section  two  of  this  act  shall take effect sixty days after it shall
become a law.  Effective immediately, the commissioner  of  health,  the
chair  of the public service commission, the comptroller, and the direc-
tor of the budget are authorized to make regulations and take any  other
measures necessary to implement this act on its effective date.