S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4687
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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
 
 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-m
 to read as follows:
   § 409-M. 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07388-01-7

 A. 4687                             2
 
 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.
   § 2. This act shall take effect July 1, 2018.