Bill Text: NY S04960 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for radon testing in public and private schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S04960 Detail]

Download: New_York-2019-S04960-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4960
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 2, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed 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-m
     2  to read as follows:
     3    §  409-m.  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.
                                                                   LBD10491-01-9

        S. 4960                             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    § 2. This act shall take effect July 1, 2020.
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