Assembly Bill A4064

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4064

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by M. of A. O'DONNELL, GOTTFRIED, MILLMAN -- Multi-Sponsored
  by -- M. of A. GALEF, GLICK,  PHEFFER,  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:

  Section  1. The education law is amended by adding a new section 409-l
to read as follows:
  S 409-L. RADON TESTING IN SCHOOLS. 1. THE PROVISIONS OF  THIS  SECTION
SHALL  APPLY  TO  ALL  PUBLIC AND PRIVATE SCHOOLS AND EDUCATIONAL INSTI-
TUTIONS WITHIN THE STATE, SERVING STUDENTS AT ANY LEVEL FROM  KINDERGAR-
TEN THROUGH TWELFTH GRADE.
  2.  EVERY  SCHOOL  OR INSTITUTION SET FORTH IN SUBDIVISION ONE OF THIS
SECTION SHALL CONDUCT RADON TESTS, MONITOR ACTIVITIES AND REMEDIATION IN
THE MANNER AND WITH THE FREQUENCY  PROVIDED  BY  RULES  AND  REGULATIONS
PROMULGATED BY THE COMMISSIONER.
  3.  EVERY  SCHOOL  OR INSTITUTION SET FORTH IN SUBDIVISION ONE OF THIS
SECTION SHALL MAKE AVAILABLE, IN A LOCATION  EASILY  ACCESSIBLE  TO  THE
PUBLIC DURING ADMINISTRATIVE HOURS, THE FOLLOWING INFORMATION:
  (A)  RESULTS  OF  ANY  TESTS,  MONITORING  ACTIVITIES,  REMEDIATION OR
STUDIES PERFORMED, OR RECOMMENDATIONS WITH RESPECT TO RADON; AND
  (B) RECORDS OF ALL ACTIONS TAKEN OR AUTHORIZED  BY  THE  SCHOOL  OFFI-
CIALS, SCHOOL EMPLOYEES OR SCHOOL DISTRICT.
  4. (A) COPIES OF THE INFORMATION REQUIRED BY SUBDIVISION THREE OF THIS
SECTION RELATING TO RADON SHALL BE MADE AVAILABLE AT A REASONABLE CHARGE
AND  SUCH  DATA  MAY  ALSO  BE AVAILABLE IN ELECTRONIC FORM IF ACCESS IS
EASILY AVAILABLE AND INSTRUCTIONS ARE PROVIDED.
  (B) ANNUALLY, AS DETERMINED BY EACH  SCHOOL,  SUCH  INFORMATION  FILED
DURING THE PREVIOUS TWELVE MONTHS SHALL BE STORED IN A LOCATION CONSIST-
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.
                                                           LBD01739-01-1
              

A. 4064                             2

PERIOD OF TEN YEARS UNLESS SUCH DOCUMENTS ARE  REQUIRED  BY  FEDERAL  OR
STATE LAW TO BE STORED FOR A LONGER PERIOD OF TIME.
  (C)  AT  LEAST ANNUALLY, PARENTS OF ALL STUDENTS SHALL RECEIVE PRINTED
NOTICE FROM EITHER AN INDIVIDUAL SCHOOL OR THE SCHOOL DISTRICT THAT SUCH
INFORMATION IS AVAILABLE. SUCH NOTICE MAY  BE  PART  OF  A  SCHOOL'S  OR
SCHOOL  DISTRICT'S PARENT INFORMATION PROGRAM, INCLUDING BUT NOT LIMITED
TO NEWSLETTERS, LETTERS, FLYERS, AND OTHER PRINTED MEANS OF DISTRIBUTING
INFORMATION.
  5. NO SCHOOL OR EMPLOYEE OF A SCHOOL SHALL BE HELD CIVILLY  OR  CRIMI-
NALLY  LIABLE  FOR  ANY  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION, UNLESS SUCH FAILURE CONSTITUTES NEGLIGENCE,  GROSS  NEGLIGENCE,
OR  INTENTIONAL  MISCONDUCT.  NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED AS LIMITING ANY LEGAL CAUSE OF ACTION OR  REMEDY  AT  LAW,  IN
STATUTE  OR  IN  EQUITY THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
  S 2. This act shall take effect July 1, 2012.