Provides for radon testing in public and private schools

Summary of specific provisions

Section one of the bill would amend the Education Law by adding a new section 409-j to require radon testing in all public and private elementary and secondary school buildings (i.e., schools for children in kindergarten through 12th grade).

New section 409-j also requires test results and other information to be made publicly accessible, and provides, inter alia, for notice to parent.

Section two provides for an effective date of September 1, 2008.

Justification

A January 2005 Surgeon General's Health Advisory stated that "Indoor radon is the second-leading cause of lung cancer in the United States and breathing it over prolonged periods can present a significant risk to families all over the country," repeated at EPA website, HTTP://WWW.EPA.GOV/IAQ/RADON/PUBS/HMBYGUID.HTML, PAGE 4 OF HOME BUYER'S AND SELLER'S GUIDE TO RADON (LAST VISITED 5/1/07). SEE ALSO, New York State Department of Health website, HTTP://WWW.NYHEALTHHEALTH.GOV/NYSDOH/RADONHOM.HTM (last visited 5/1/07).

The Environmental Protection Agency (EPA) has estimated that radon causes about 21,000 lung cancer deaths per year. (See EPA'S 2003 ASSESSMENT OF RISKS FROM RADON IN HOMES (EPA 402-R-03-003). It is a naturally occurring gas that, when it builds up indoors, can pose risks to human health.

The EPA recommends taking action to reduce indoor radon levels if the primary living areas of a home have radon concentrations above 4 pCi/L. The recommendation is repeated on the NYSDOH website as part of the explanation of how to use the radon maps of New York State by town and county. (See WWW.WADSWORTH.ORG/RADON; link from NYSDOH radon information citation above (last visited 1/15/07).

The EPA and the Surgeon General recommend testing all homes below the third floor for radon, and the EPA also recommends radon testing in schools. (See HTTP://WWW.EPA.GOV/IAQ/RADON/PUBS/CITGUIDE.HTML (Citizen's Guide to Radon, Overview, third bullet; site last visited 1/15/07). However, there is no explicit statutory requirement in New York for radon testing either in homes or other buildings, such as schools.

By contrast, Virginia has required radon testing, pursuant to procedures established by the EPA, in public schools since 1994.(See Virginia Code, §22.1-138.) Virginia does not require repeat testing of schools.

In New York, Education Law article 9 governs school buildings and sites. No section within article 9 deals explicitly with radon testing. Explicit references to radon testing appear only in 8 NYCRR 155.5(m), which merely requires school districts to "take responsibility" for being "aware of the geological potential for high levels of radon and to test and mitigate as appropriate," and 155.6(18)(iv), which requires school districts to report radon test results. Because radon exposure can be so harmful, especially at lower levels of a building, because many schools are only a few stories tall, and because children spend substantial parts of their days in schools during the school year, this bill would require radon testing in all public and private schools in the state.

While the manner and schedule for testing are to be established in rules promulgated by the Commissioner, it is the intent of this legislation that such testing be performed once following enactment, unless a school has already tested for radon prior to enactment, and such pre-enactment testing is sufficient based on the standards to be contained in the Commissioner's regulations. Radon testing is inexpensive; testing kits can be purchased from the Health Department for less than ten dollars.

This measure will, at relatively low cost, help protect the health of children in New York State.

Prior legislative history

2009-10: S.2455A/A.2991A - Recommitted to Education 2007-08: S.3603/A.3722 - Recommitted in Education 2005-06: A.11054 - Recommitted in Education

Fiscal implications

None to the state; minimal testing cost to local school districts.

Effective date

This act shall take effect on July 1, 2012.