NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3016A
SPONSOR: O'Donnell (MS) 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 deter-
mined 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-I to require radon testing in all public and private elemen-
tary and secondary school buildings (i.e., schools for children in
kindergarten through 12th grade). New section 409-I also requires test
results and other information to be made publicly accessible, and
provides, inter alia, for notice to parents.
Section two provides for an effective date of July 1, 2015. The A-print
changes the effective date from 2014 to 2015.
JUSTIFICATION:
A January 2005 Surgeon General's Health Advisory stated that "Indoor
radon gas 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,
htto://www.epa.00v/iao/radon/pubs/hmbyould.html, page 1, section b of
Home Buyer's and Seller's Guide to Radon (last visited 1/15/09); see
also, New York State Department of Health website,
htto://www.health.state.ny.us/publications/3168.odf (last visited
1/15/09). The Environmental Protection Agency (EPA) has estimated that
radon causes about 21,000 lung cancer deaths per year. 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 pCl/L.
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. htto://www.eoa.qov/iaq/radon/pubs/citauide.html (Citizen's
Guide to Radon, Overview, third bullet; site last visited 1/15/09),
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 since1994. Code of Virginia §
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 mere-
ly 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:
A.4064 (2011-2012);
A.2991-A (2009-2010);
A.3722 (2007-2008);
A.11054 (2006)
FISCAL IMPLICATIONS:
None to the state; minimal testing cost to local school districts.
EFFECTIVE DATE:
This act shall take effect on July 1, 2015.
