Bill Text: NY S05753 | 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.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-04-18 - REPORTED AND COMMITTED TO FINANCE [S05753 Detail]
Download: New_York-2017-S05753-Amended.html
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. LBD09708-04-7S. 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.
