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

                                 5450--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced  by  M. of A. O'DONNELL, GOTTFRIED, LIFTON, LUPARDO -- Multi-
  Sponsored by -- M. of A. GALEF, GLICK, PERRY, ROSENTHAL --  read  once
  and  referred  to  the  Committee  on  Education -- recommitted to the
  Committee on Education in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the education law,  in  relation  to  radon  testing  in
  schools

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

  Section 1. The education law is amended by adding a new section  409-l
to read as follows:
  S  409-L.  RADON TESTING IN SCHOOLS. 1. THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL PUBLIC AND PRIVATE  SCHOOLS  AND  EDUCATIONAL  INSTI-
TUTIONS  WITHIN THE STATE, SERVING STUDENTS AT ANY LEVEL FROM KINDERGAR-
TEN THROUGH TWELFTH GRADE.
  2. EVERY SCHOOL OR INSTITUTION SET FORTH IN SUBDIVISION  ONE  OF  THIS
SECTION SHALL CONDUCT RADON TESTS, MONITOR ACTIVITIES AND REMEDIATION IN
THE  MANNER  AND  WITH  THE  FREQUENCY PROVIDED BY RULES AND REGULATIONS
PROMULGATED BY THE COMMISSIONER.
  3. EVERY SCHOOL OR INSTITUTION SET FORTH IN SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  MAKE  AVAILABLE,  IN A LOCATION EASILY ACCESSIBLE TO THE
PUBLIC DURING ADMINISTRATIVE HOURS, THE FOLLOWING INFORMATION:
  (A) RESULTS  OF  ANY  TESTS,  MONITORING  ACTIVITIES,  REMEDIATION  OR
STUDIES PERFORMED, OR RECOMMENDATIONS WITH RESPECT TO RADON; AND
  (B)  RECORDS  OF  ALL  ACTIONS TAKEN OR AUTHORIZED BY THE SCHOOL OFFI-
CIALS, SCHOOL EMPLOYEES OR SCHOOL DISTRICT.
  4. (A) COPIES OF THE INFORMATION REQUIRED BY SUBDIVISION THREE OF THIS
SECTION RELATING TO RADON SHALL BE MADE AVAILABLE AT A REASONABLE CHARGE
AND SUCH DATA MAY ALSO BE AVAILABLE IN  ELECTRONIC  FORM  IF  ACCESS  IS
EASILY AVAILABLE AND INSTRUCTIONS ARE PROVIDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06486-03-6
              

A. 5450--A                          2

  (B)  ANNUALLY,  AS  DETERMINED  BY EACH SCHOOL, SUCH INFORMATION FILED
DURING THE PREVIOUS TWELVE MONTHS SHALL BE STORED IN A LOCATION CONSIST-
ENT WITH OTHER ENVIRONMENTAL AND BUILDING MAINTENANCE  DOCUMENTS  FOR  A
PERIOD  OF  TEN  YEARS  UNLESS SUCH DOCUMENTS ARE REQUIRED BY FEDERAL OR
STATE LAW TO BE STORED FOR A LONGER PERIOD OF TIME.
  (C)  AT  LEAST ANNUALLY, PARENTS OF ALL STUDENTS SHALL RECEIVE PRINTED
NOTICE FROM EITHER AN INDIVIDUAL SCHOOL OR THE SCHOOL DISTRICT THAT SUCH
INFORMATION IS AVAILABLE. SUCH NOTICE MAY  BE  PART  OF  A  SCHOOL'S  OR
SCHOOL  DISTRICT'S PARENT INFORMATION PROGRAM, INCLUDING BUT NOT LIMITED
TO NEWSLETTERS, LETTERS, FLYERS, AND OTHER PRINTED MEANS OF DISTRIBUTING
INFORMATION.
  5. NO SCHOOL OR EMPLOYEE OF A SCHOOL SHALL BE HELD CIVILLY  OR  CRIMI-
NALLY  LIABLE  FOR  ANY  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION, UNLESS SUCH FAILURE CONSTITUTES NEGLIGENCE,  GROSS  NEGLIGENCE,
OR  INTENTIONAL  MISCONDUCT.  NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED AS LIMITING ANY LEGAL CAUSE OF ACTION OR  REMEDY  AT  LAW,  IN
STATUTE  OR  IN  EQUITY THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
  S 2. This act shall take effect July 1, 2017.