S T A T E O F N E W Y O R K
________________________________________________________________________
3016
2013-2014 Regular Sessions
I N A S S E M B L Y
January 23, 2013
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Introduced by M. of A. O'DONNELL, GOTTFRIED, MILLMAN -- Multi-Sponsored
by -- M. of A. GALEF, GLICK, ROSENTHAL -- read once and referred 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new section 409-l
2 to read as follows:
3 S 409-L. RADON TESTING IN SCHOOLS. 1. THE PROVISIONS OF THIS SECTION
4 SHALL APPLY TO ALL PUBLIC AND PRIVATE SCHOOLS AND EDUCATIONAL INSTI-
5 TUTIONS WITHIN THE STATE, SERVING STUDENTS AT ANY LEVEL FROM KINDERGAR-
6 TEN THROUGH TWELFTH GRADE.
7 2. EVERY SCHOOL OR INSTITUTION SET FORTH IN SUBDIVISION ONE OF THIS
8 SECTION SHALL CONDUCT RADON TESTS, MONITOR ACTIVITIES AND REMEDIATION IN
9 THE MANNER AND WITH THE FREQUENCY PROVIDED BY RULES AND REGULATIONS
10 PROMULGATED BY THE COMMISSIONER.
11 3. EVERY SCHOOL OR INSTITUTION SET FORTH IN SUBDIVISION ONE OF THIS
12 SECTION SHALL MAKE AVAILABLE, IN A LOCATION EASILY ACCESSIBLE TO THE
13 PUBLIC DURING ADMINISTRATIVE HOURS, THE FOLLOWING INFORMATION:
14 (A) RESULTS OF ANY TESTS, MONITORING ACTIVITIES, REMEDIATION OR
15 STUDIES PERFORMED, OR RECOMMENDATIONS WITH RESPECT TO RADON; AND
16 (B) RECORDS OF ALL ACTIONS TAKEN OR AUTHORIZED BY THE SCHOOL OFFI-
17 CIALS, SCHOOL EMPLOYEES OR SCHOOL DISTRICT.
18 4. (A) COPIES OF THE INFORMATION REQUIRED BY SUBDIVISION THREE OF THIS
19 SECTION RELATING TO RADON SHALL BE MADE AVAILABLE AT A REASONABLE CHARGE
20 AND SUCH DATA MAY ALSO BE AVAILABLE IN ELECTRONIC FORM IF ACCESS IS
21 EASILY AVAILABLE AND INSTRUCTIONS ARE PROVIDED.
22 (B) ANNUALLY, AS DETERMINED BY EACH SCHOOL, SUCH INFORMATION FILED
23 DURING THE PREVIOUS TWELVE MONTHS SHALL BE STORED IN A LOCATION CONSIST-
24 ENT 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.
LBD01582-01-3
A. 3016 2
1 PERIOD OF TEN YEARS UNLESS SUCH DOCUMENTS ARE REQUIRED BY FEDERAL OR
2 STATE LAW TO BE STORED FOR A LONGER PERIOD OF TIME.
3 (C) AT LEAST ANNUALLY, PARENTS OF ALL STUDENTS SHALL RECEIVE PRINTED
4 NOTICE FROM EITHER AN INDIVIDUAL SCHOOL OR THE SCHOOL DISTRICT THAT SUCH
5 INFORMATION IS AVAILABLE. SUCH NOTICE MAY BE PART OF A SCHOOL'S OR
6 SCHOOL DISTRICT'S PARENT INFORMATION PROGRAM, INCLUDING BUT NOT LIMITED
7 TO NEWSLETTERS, LETTERS, FLYERS, AND OTHER PRINTED MEANS OF DISTRIBUTING
8 INFORMATION.
9 5. NO SCHOOL OR EMPLOYEE OF A SCHOOL SHALL BE HELD CIVILLY OR CRIMI-
10 NALLY LIABLE FOR ANY FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
11 SECTION, UNLESS SUCH FAILURE CONSTITUTES NEGLIGENCE, GROSS NEGLIGENCE,
12 OR INTENTIONAL MISCONDUCT. NOTHING CONTAINED IN THIS SECTION SHALL BE
13 CONSTRUED AS LIMITING ANY LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN
14 STATUTE OR IN EQUITY THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
15 SECTION.
16 S 2. This act shall take effect July 1, 2014.