NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4687
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-m 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-m 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, 2018.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
None.
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/heaithyhomes/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 caus-
es 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. Explic-
it 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 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:
2015-16: A.5450A - Recommitted to Education
2013-14: A.3016 Referred to Education
2011-12: A.4064 Referred to Education
2009-10: A.2991A Recommitted to Education
2007-08: A.3722 Recommitted in Education
2005-06: A.11054 Recommitted in Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state; minimal testing cost to local school districts.
EFFECTIVE DATE:
This act shall take effect on July 1, 2018.
