S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4118
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of  A. ROSENTHAL, GOTTFRIED, ABINANTI, M. G. MILLER,
   QUART, OTIS, PAULIN, CAHILL, DINOWITZ, GUNTHER, ENGLEBRIGHT, BUCHWALD,
   STECK, SEPULVEDA -- Multi-Sponsored by  --  M.  of  A.  COLTON,  COOK,
   GALEF,  GLICK, LIFTON, MAYER, RIVERA, 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.
   § 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.
                                                            LBD04956-01-7
              

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   §  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.
   §  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

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 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.
   § 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.
   §  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.
   § 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:

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   (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.
   § 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.
   §  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.