S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1694
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  OTIS, PAULIN, DINOWITZ, STECK --
   Multi-Sponsored by -- M. of A. COLTON, COOK, GLICK --  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.
   § 3560. DEFINITIONS. AS USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
 CLEARLY REQUIRES OTHERWISE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04150-01-5
 A. 1694                             2
              

 
   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, SUCH COMMISSIONER SHALL ISSUE AN ORDER  REQUIRING
 SUCH  GAS CORPORATION TO COMPLY, INCLUDING THE DEVELOPMENT AND IMPLEMEN-
 TATION 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  ARTI-
 CLE. THE COMMISSIONER MAY IMPOSE A CIVIL FINE OF UP TO TWENTY-FIVE THOU-
 SAND DOLLARS PER DAY PER DELIVERY POINT ON THE GAS CORPORATION UNTIL THE
 RADON  AND ITS RADIOACTIVE PROGENY LEVELS AT EACH DELIVERY POINT THAT IS
 OUT OF COMPLIANCE HAVE BEEN BROUGHT INTO COMPLIANCE WITH  THIS  ARTICLE.
 THE  COMMISSIONER  MAY  COMMENCE A CIVIL ACTION OR PROCEEDING WHENEVER A
 A. 1694                             3
 
 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  SUCH  COMMISSIONER  FAILS  TO  ENFORCE  THE
 REQUIREMENTS  OF  THIS  ARTICLE,  PROVIDED  THAT  THE  COMMISSIONER  HAS
 RECEIVED NOTICE OF THE INTENT TO COMMENCE SUCH CIVIL ACTION OR  PROCEED-
 ING  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 CORPORATION 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]
 CHAIR of the department and upon the audit  and  warrant  of  the  comp-
 troller.   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:
   (a) The [chairman] CHAIR 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,
 A. 1694                             4
 
 their  officers, agents and employees, and including the cost of retire-
 ment contributions, social security, health and dental insurance, survi-
 vor'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
 maintenance  and  operation  expenses, and all other direct and indirect
 costs.  THE ESTIMATE BY THE CHAIR 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] CHAIR 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
 authority.
   § 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 have
 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.