Requires annual radon testing of facilities, department facilities, hospitals, schools, community residences, supervised living facilities and other facilities.
STATE OF NEW YORK
________________________________________________________________________
5753--B
2017-2018 Regular Sessions
IN SENATE
April 28, 2017
___________
Introduced by Sens. LANZA, ALCANTARA, AVELLA, BAILEY, GALLIVAN, GOLDEN,
LATIMER, LITTLE, RITCHIE, SAVINO -- read twice and ordered printed,
and when printed to be committed to the Committee on Mental Health and
Developmental Disabilities -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
reported favorably from said committee and committed to the Committee
on Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to requiring annual
radon testing of facilities, department facilities, hospitals,
schools, community residences, supervised living facilities, support-
ive living facilities and residential care centers for adults
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 16.11 of the mental hygiene law is amended by
2 adding a new subdivision (g) to read as follows:
3 (g) The commissioner shall require annual radon testing of each facil-
4 ity, department facility, hospital, school, community residence, super-
5 vised living facility, supportive living facility and residential care
6 center for adults. Such testing shall be performed by a trained and
7 certified, independent entity.
8 (1) Where radon levels exceed 4 pCi/L, corrective actions shall be
9 taken within thirty days by trained and certified specialists to
10 successfully reduce the radon level below 4 pCi/L.
11 (2) Where radon levels exceed 8 pCi/L, corrective action shall be
12 taken within fourteen days by trained and certified specialists to
13 successfully reduce the radon level below 4 pCi/L.
14 (3) Each facility, department facility, hospital, school, community
15 residence, supervised living facility, supportive living facility and
16 residential care center for adults shall post their annual test results
17 online. Results shall be posted prior to and following any actions taken
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09708-04-7
S. 5753--B 2
1 to reduce radon are completed. If no corrective actions are necessary,
2 proof of such shall be posted.
3 (4) A comprehensive report including the test results from all facili-
4 ties, department facilities, hospitals, schools, community residences,
5 supervised living facilities, supportive living facilities and residen-
6 tial care centers for adults shall be provided to the governor, the
7 temporary president of the senate, and the speaker of the assembly no
8 later than the fifteenth of January each year and shall be posted online
9 by the same date.
10 § 2. The mental hygiene law is amended by adding a new section 31.39
11 to read as follows:
12 § 31.39 Annual radon testing.
13 The commissioner shall require annual radon testing of each facility,
14 department facility, hospital, community residence, supervised living
15 facility, supportive living facility and residential care center for
16 adults. Such testing shall be performed by a trained and certified,
17 independent entity.
18 (a) Where radon levels exceed 4 pCi/L, corrective actions shall be
19 taken within thirty days by trained and certified specialists to
20 successfully reduce the radon level below 4 pCi/L.
21 (b) Where radon levels exceed 8 pCi/L, corrective action shall be
22 taken within fourteen days by trained and certified specialists to
23 successfully reduce the radon level below 4 pCi/L.
24 (c) Each facility, department facility, hospital, school, community
25 residence, supervised living facility, supportive living facility and
26 residential care center for adults shall post their annual test results
27 online. Results shall be posted prior to and following any actions taken
28 to reduce radon are completed. If no corrective actions are necessary,
29 proof of such shall be posted.
30 (d) A comprehensive report including the test results from all facili-
31 ties, department facilities, hospitals, schools, community residences,
32 supervised living facilities, supportive living facilities and residen-
33 tial care centers for adults shall be provided to the governor, the
34 temporary president of the senate, and the speaker of the assembly no
35 later than the fifteenth of January each year and shall be posted online
36 by the same date.
37 § 3. Within 120 days of the effective date of this act, all facili-
38 ties, department facilities, hospitals, schools, community residences,
39 supervised living facilities, supportive living facilities and residen-
40 tial care centers for adults as defined in section 1.03 of the mental
41 hygiene law, shall have had their first annual radon test completed.
42 § 4. This act shall take effect immediately.
