Bill Text: NY A05515 | 2017-2018 | General Assembly | Amended


Bill Title: Requires annual radon testing of facilities, department facilities, hospitals, schools, community residences, supervised living facilities and other facilities.

Sponsorship: Slight Partisan Bill (Democrat 17-9)

Status: (Introduced - Dead) 2018-01-03 - referred to mental health [A05515 Detail]

Download: New_York-2017-A05515-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5515--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  WEPRIN, McDONALD, SEPULVEDA, LENTOL, BARRON,
          COLTON, ROSENTHAL, McDONOUGH, PALUMBO, DiPIETRO, CASTORINA  --  Multi-
          Sponsored  by  -- M. of A. BUTLER, LUPINACCI -- read once and referred
          to the Committee  on  Mental  Health  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  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.
                                                                   LBD09708-05-7

        A. 5515--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.
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