What's happening
This bill requires all New York K-12 schools to conduct radon testing, disclose results, and notify parents annually.
Why it matters
Expands oversight to all K-12 schools, public and private, requiring uniform radon safety protocols statewide. this means every school, regardless of location or funding source, will have to assess and address potential radon exposure, potentially reducing health disparities.
Mandates the preservation and public accessibility of radon test records and remediation actions for at least ten years. , making it easier for parents, staff, and the public to track school environmental safety over time and advocate for improvements if necessary.
Establishes clear parental notification requirements, ensuring families are annually informed of radon testing and results. , which empowers parents to make informed decisions or demand further action if schools have elevated radon levels.
Provides liability protections for schools except in cases of negligence or intentional misconduct. , balancing the need for accountability with assurances that good-faith compliance won’t result in undue legal risk, potentially encouraging more transparent reporting.
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Who cares
- Watching
Public and private K–12 schools
They would have to conduct radon testing, monitoring and remediation under rules set by the education commissioner and retain related records for at least ten years.
Parents of K–12 students
They would receive printed notice at least annually that school radon information is available and could inspect records during administrative hours or obtain copies for a reasonable charge.
- Watching
State education commissioner
The commissioner would set rules governing how and how often schools conduct radon testing, monitoring and remediation.
School employees
They would be shielded from civil or criminal liability for noncompliance unless it constitutes negligence, gross negligence or intentional misconduct, while existing legal remedies would remain intact.
Headline styles
Test Schools for Radon
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require School Radon Testing
In Assembly Committee · Education · Sponsor Daniel O'Donnell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2865
2017-2018 Regular Sessions
IN SENATE
January 18, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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 Assembly, 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 institutions within the state, serving students at any level from kindergarten 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 officials, 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 consistent 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
S. 2865 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 criminally 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to radon testing in schools
Purpose or general idea of bill
This bill would require all school buildings to be tested at least once for radon. Further testing, if any, would be on a schedule to be determined by the Commissioner of Education.
Summary of specific provisions
Section one of the bill would amend the Education Law by adding a new section 409-1 to require radon testing in all public and private elementary and secondary school buildings (i.e., schools for children in kindergarten through 12th grade).
Read the full memo (646 words)
New section 409-1 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 July 1, 2017.
Justification
A January 2009 Surgeon General's Health Advisory stated that "Radon is the leading cause of lung cancer among nonsmokers, causing an estimated 15,40021,800 lung cancer deaths annually" http://www.surgeongeneral.gov/library/calls/healthyhomes/calitoaction topromotehealthyhomes.pdf, PAGE 6 OF HOME BUYER'S AND SELLER'S GUIDE TO RADON (LAST VISITED 2/25/13). SEE ALSO, New York State Department of Health website, http://www.health.ny.gov./publications/3168.pdf (last visited 1/25/13).
The Environmental Protection Agency (EPA) has estimated that radon causes about 20,000 lung cancer deaths per year.(See http://www.epa.gov/radon/) 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 link from NYSDOH radon information citation above).
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/schools/pdfs/kit/managing_radon.odf). 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". Because radon exposure can be so harmful, especially at lower levels of a building, because many schools axe 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
2015-16: S.2552A/A.5450A - Amend and Recommit to Education 2013-14: S.2961/A.3016 - Referred to Education 2011-12: S.1135/A.4064 - Referred to Education 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, 2018.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.