senate Bill S4921B

2013-2014 Legislative Session

Relates to the protection of public health from exposure to radon in natural gas

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 28, 2014 print number 4921b
amend and recommit to health
Jan 17, 2014 print number 4921a
amend (t) and recommit to health
Jan 08, 2014 referred to health
May 01, 2013 referred to health

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S4921 - Bill Details

See Assembly Version of this Bill:
A6863B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 35-B §§3560 - 3562, amd §18-a, Pub Serv L

S4921 - Bill Texts

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Relates to the protection of public health from exposure to radon in natural gas; requires continuous monitoring of the level of radon in the natural gas delivered; relates to compliance assurance system; requires public reporting.

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BILL NUMBER:S4921

TITLE OF BILL: An act to amend the public health law, in relation to
the protection of public health from exposure to radon in natural gas

PURPOSE: To provide the protection of public health from exposure to
radon in natural gas

SUMMARY OF PROVISIONS:

Section one and two adds new a new article, 35-B to the Public Health
Law.

Section three sets forth the effective date.

JUSTIFICATION: All natural gas distributed to consumers in United
States contains some level of radon and potentially other radioactive
substances. Shale gas development produces natural gas-containing
radon, and the level of radon in natural gas varies from one gas
production area to another. In New York City alone, natural gas is
currently the predominant fuel used for cooking by residents and will
likely continue to be the predominant cooking fuel for many years.

Currently, one of New York's prime sources of natural gas is from the
Gulf of Mexico off the coasts of Louisiana and Texas. This gas
contains radon at the wellhead at a level of approximately 5
picoCuries per. liter, which decays to levels below 2 picoCuries per
liter during the six to eight day travel time to New York City and
other parts of the state.

However, with proposed natural gas extraction closer to home, it is
important that we do not allow the levels of radon in our gas supply
to dangerously increase beyond levels established by the U.S.
Environmental Protection Agency. It has been well documented that
people exposed to radon have an increased likelihood of developing
lung cancer.

While there is no "safe" level of exposure to radon, the U.S.
Environmental Protection Agency recommends mitigation beginning at 2.0
picoCuries per liter and active mitigation at 4.0 or more picoCuries
Per liter. This legislation would seek to ensure that radon levels at
the point of use are kept at a safe minimum of 2.0 picoCuries per
liter and would direct the Department of Health to provide adequate
oversight and testing of such established levels.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law. Effective immediately,
the commissioner of health is authorized to promulgate any and all
rules and regulations and take any other measures necessary to
implement this act on its effective date.

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

                                  4921

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to the protection  of
  public health from exposure to radon in natural gas

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known as the "protection of public health
from exposure to radon in natural gas act".
  S 2. The public health law is amended by adding a new article 35-B  to
read as follows:
                              ARTICLE 35-B
                                  RADON
SECTION 3560. PROTECTION FROM RADON.
        3561. LOCAL DISTRIBUTION REQUIREMENTS.
  S  3560.  PROTECTION  FROM  RADON.  1. IT IS THE RESPONSIBILITY OF THE
DEPARTMENT,  ACTING  THROUGH  ITS  BUREAU  OF  ENVIRONMENTAL   RADIATION
PROTECTION, TO MINIMIZE, THROUGH THE APPLICATION OF THE ALARA (AS LOW AS
REASONABLY  ACHIEVABLE)  PRINCIPLE,  THE  RISK  TO MEMBERS OF THE PUBLIC
POSED BY EXPOSURE TO RADON AND ITS RADIOACTIVE PROGENY. TO ACHIEVE  THIS
GOAL,  THE BUREAU OF ENVIRONMENTAL RADIATION PROTECTION MAY CALL FOR THE
ASSISTANCE OF THE NEW YORK STATE DEPARTMENT OF  ENVIRONMENTAL  CONSERVA-
TION  AND THE NEW YORK STATE PUBLIC UTILITIES COMMISSION AS NECESSARY TO
SUPPORT PERMITTING,  MONITORING,  COMPLIANCE  AUDITING  AND  ENFORCEMENT
ACTION AS DIRECTED BY THE BUREAU OF ENVIRONMENTAL RADIATION PROTECTION.
  2.  IN  ORDER  TO  ACHIEVE  THE GOALS ESTABLISHED IN THIS SECTION, THE
BUREAU OF ENVIRONMENTAL RADIATION PROTECTION SHALL  REQUIRE  EACH  LOCAL
GAS  DISTRIBUTION ENTITY SELLING OR OTHERWISE PROVIDING GAS TO CUSTOMERS
IN NEW YORK TO ESTABLISH A PROGRAM TO CONTINUOUSLY MONITOR THE LEVEL  OF
RADON  AND ITS RADIOACTIVE PROGENY, MEASURED AS GROSS ALPHA ACTIVITY, IN
THE NATURAL GAS DELIVERED TO THE LOCAL DISTRIBUTION ENTITY AT EACH  CITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09991-04-3

S. 4921                             2

GATE  CONNECTION,  REPORTING  SUCH  LEVELS THROUGH A PUBLICLY-ACCESSIBLE
WEBSITE ON A REAL TIME BASIS.
  3.  THE BUREAU OF ENVIRONMENTAL RADIATION PROTECTION SHALL ESTABLISH A
COMPLIANCE ASSURANCE SYSTEM TO MONITOR  THE  LEVELS  OF  RADON  AND  ITS
PROGENY  AT  EACH  CITY GATE LOCATION, THROUGH BOTH THE REAL TIME ONLINE
MONITORING SYSTEM REQUIRED PURSUANT TO SUBDIVISION TWO OF  THIS  SECTION
AND  A PERIODIC PHYSICAL INSPECTION AND MEASUREMENT PROGRAM TO BE IMPLE-
MENTED BY THE BUREAU OF ENVIRONMENTAL RADIATION PROTECTION AT THE  VARI-
OUS  CITY  GATES  WHERE NATURAL GAS IS DELIVERED TO A LOCAL DISTRIBUTION
ENTITY.   THIS PROGRAM SHALL BE DESIGNED  SO  THAT  EACH  CITY  GATE  IS
INSPECTED  AND  SAMPLED AT LEAST ONCE PER YEAR BY THE BUREAU OF ENVIRON-
MENTAL RADIATION PROTECTION.
  4. THE BUREAU OF ENVIRONMENTAL RADIATION PROTECTION SHALL ESTABLISH  A
PROGRAM  TO  ENFORCE  THE  REQUIREMENTS OF THIS ARTICLE. AS PART OF THIS
ENFORCEMENT PROGRAM, WHENEVER  THE  BUREAU  OF  ENVIRONMENTAL  RADIATION
PROTECTION DETERMINES THAT A LOCAL DISTRIBUTION ENTITY IS NOT IN COMPLI-
ANCE  WITH  THE  REQUIREMENTS  OF  THIS ARTICLE, IT SHALL ISSUE AN ORDER
REQUIRING SUCH LOCAL DISTRIBUTION ENTITY TO COMPLY AND SHALL DIRECT THAT
THE FLOW OF NATURAL GAS AT ANY CITY GATE THAT IS NOT IN COMPLIANCE  WITH
THE  REQUIREMENTS OF THIS ARTICLE BE SHUT OFF UNTIL A LOCAL DISTRIBUTION
ENTITY BRINGS THAT CITY GATE BACK INTO COMPLIANCE WITH THIS ARTICLE.  IN
ADDITION,  THE BUREAU OF ENVIRONMENTAL RADIATION PROTECTION MAY IMPOSE A
FINE OF UP TO $25,000.00 PER DAY PER CITY GATE ON THE LOCAL DISTRIBUTION
ENTITY UNTIL THE RADON AND ITS PROGENY LEVELS AT EACH CITY GATE THAT  IS
OUT OF COMPLIANCE HAVE BEEN BROUGHT BACK INTO COMPLIANCE WITH THIS ARTI-
CLE.  THE  BUREAU  OF  ENVIRONMENTAL RADIATION PROTECTION MAY COMMENCE A
CIVIL ACTION WHENEVER A LOCAL DISTRIBUTION ENTITY FAILS TO  COMPLY  WITH
AN ORDER ISSUED BY THE BUREAU UNDER THIS ARTICLE.
  5. ANY PERSON MAY COMMENCE A CIVIL ACTION AGAINST:
  (A)  ANY  LOCAL DISTRIBUTION ENTITY THAT IS NOT IN COMPLIANCE WITH THE
REQUIREMENTS OF THIS ARTICLE, AND
  (B) AGAINST THE BUREAU OF ENVIRONMENTAL  RADIATION  PROTECTION  IF  IT
FAILS  TO  ENFORCE  THE  REQUIREMENTS OF THIS ARTICLE, PROVIDED THAT THE
BUREAU HAS RECEIVED NOTICE OF THE INTENT TO COMMENCE SUCH  CIVIL  ACTION
AND  HAS  FAILED  WITHIN  THIRTY  DAYS  OF RECEIVING SUCH NOTICE TO TAKE
ENFORCEMENT ACTION AGAINST A LOCAL DISTRIBUTION ENTITY THAT  IS  NOT  IN
COMPLIANCE WITH THIS ARTICLE.
  THE  COURT  IN SUCH ACTION SHALL HAVE JURISDICTION TO ISSUE AN INJUNC-
TION OR OTHER ORDER COMPELLING  COMPLIANCE  AND  SHALL  ENTER  AN  ORDER
REQUIRING  THE  LOCAL  DISTRIBUTION  ENTITY AND/OR THE BUREAU TO PAY THE
REASONABLE LEGAL FEES AND EXPENSES INCURRED BY THE INDIVIDUAL OR  ORGAN-
IZATION THAT COMMENCED THE CIVIL ACTION.
  S  3561.  LOCAL  DISTRIBUTION REQUIREMENTS. 1. EACH LOCAL DISTRIBUTION
ENTITY SHALL ESTABLISH AND IMPLEMENT A RADON MITIGATION RESPONSE PROGRAM
AS FOLLOWS:
  (A) IF THE LEVEL OF RADON AND ITS RADIOACTIVE PROGENY MONITORED AT ANY
CITY GATE EQUALS OR EXCEEDS 4.0 PICOCURIES PER  LITER  OF  AIR  AVERAGED
OVER  ANY  ONE HOUR PERIOD, THE LOCAL DISTRIBUTION ENTITY SHALL SHUT OFF
THE ACCEPTANCE OF NATURAL GAS UNTIL SUCH LEVEL IS REDUCED TO  LESS  THAN
4.0 PICOCURIES PER LITER OF AIR FOR AT LEAST SIX HOURS; OR
  (B) IF THE LEVEL OF RADON AND ITS RADIOACTIVE PROGENY MONITORED AT ANY
CITY  GATE EQUALS OR EXCEEDS 2.0 PICOCURIES PER LITER OF AIR BUT IS LESS
THAN 4.0 PICOCURIES PER LITER OF AIR AVERAGED OVER ANY TWENTY-FOUR  HOUR
PERIOD,  THE  LOCAL  DISTRIBUTION  ENTITY  SHALL  IMPLEMENT A MITIGATION
PROGRAM TO REDUCE SUCH LEVEL TO LESS THAN 2.0 PICOCURIES  PER  LITER  OF
AIR FOR AT LEAST A SEVEN DAY PERIOD; OR

S. 4921                             3

  (C) IF THE LEVEL OF RADON AND ITS RADIOACTIVE PROGENY MONITORED AT ANY
CITY  GATE EQUALS OR EXCEEDS 1.0 PICOCURIES PER LITER OF AIR BUT IS LESS
THAN 2.0 PICOCURIES PER LITER OF AIR AVERAGED OVER ANY SEVEN DAY PERIOD,
THE LOCAL DISTRIBUTION ENTITY SHALL IMPLEMENT A  MITIGATION  PROGRAM  TO
REDUCE  SUCH  LEVEL  TO  LESS THAN 1.0 PICOCURIE PER LITER OF AIR FOR AT
LEAST A THIRTY DAY PERIOD.
  2. LOCAL GAS DISTRIBUTION ENTITIES ARE PROHIBITED FROM BUILDING NEW OR
ADDITIONAL STORAGE FACILITIES TO MITIGATE RADON LEVELS.
  3. IT IS UNLAWFUL FOR ANY LOCAL DISTRIBUTION ENTITY  TO  PASS  HARMFUL
EFFECTS OF MITIGATION TO OTHER REGIONS IN THE STATE.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law.  Effective immediately, the commissioner of
health is authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement this act on its effective
date.

Co-Sponsors

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S4921A - Bill Details

See Assembly Version of this Bill:
A6863B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 35-B §§3560 - 3562, amd §18-a, Pub Serv L

S4921A - Bill Texts

view summary

Relates to the protection of public health from exposure to radon in natural gas; requires continuous monitoring of the level of radon in the natural gas delivered; relates to compliance assurance system; requires public reporting.

view sponsor memo
BILL NUMBER:S4921A

TITLE OF BILL: An act to amend the public health law and the public
service law, in relation to the protection of public health from
exposure to radon in natural gas

PURPOSE:

To provide the protection of public health from exposure to radon in
natural gas

SUMMARY OF PROVISIONS:

Section one sets forth the legislative intent and findings Section two
adds new a new article, 35-B to the Public Health Law

Sections three and four amends subdivisions one and two of section
18-a of the Public Service law

Section five sets forth a severability clause Section six sets forth
the effective date

JUSTIFICATION:

All natural gas distributed to consumers in United States contains
some level of radon and potentially other radioactive substances,.
Shale gas development produces natural gas-containing radon, and the
level of radon in natural gas varies from one gas production area to
another. In New York City alone, natural gas is currently the
predominant fuel used for cooking by residents and will likely
continue to be the predominant cooking fuel for many years.

Currently, one of New York's prime sources of natural gas is from the
Gulf of Mexico off the coasts of Louisiana and Texas. This gas
contains radon at the wellhead at a level of approximately 5
picoCuries per liter, which decays to levels below 2 picoCuries per
liter during the six to eight day travel time to New York City and
other parts of the state.

However, with proposed natural gas extraction closer to home, it is
important that we do not allow the levels of radon in our gas supply
to dangerously increase beyond levels established by the U.S.
Environmental Protection Agency. It has been well documented that
people exposed to radon have an increased likelihood of developing
lung cancer.

While there is no "safe" level of exposure to radon, the U.S.
Environmental Protection Agency recommends mitigation beginning at 2.0
picoCuries per liter and active mitigation at 4.0 or more picoCuries
per liter,. This legislation would seek to ensure that radon levels at
the point of use are kept at a safe minimum of 2.0 picoCuries per
liter and would direct the Department of Health to provide adequate
oversight and testing of such established levels.

PRIOR LEGISLATIVE HISTORY:

New bill.


EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that 2
section two of this act shall take effect sixty days after it shall
become a law; and provided further, that if chapter 173 of the laws of
2013 shall not have taken effect on or before such date then section
four of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2013 takes effect. Effective
immediately, the commissioner of health, the chair of the department
of public service, the comptroller, and the director of the budget are
authorized to make regulations and take any other measures necessary
to implement this act on its effective date.

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

                                 4921--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced by Sens. SAVINO, ADDABBO, AVELLA, CARLUCCI, HOYLMAN, KRUEGER,
  LATIMER,  SERRANO  -- read twice and ordered printed, and when printed
  to be committed to the Committee  on  Health  --  recommitted  to  the
  Committee  on  Health  in  accordance  with  Senate  Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the public health law and the public service law, in
  relation to the protection of public health from exposure to radon  in
  natural gas

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent. The legislature finds that
radon and its radioactive progeny are a major cause of lung cancer,  and
that  there  is no safe exposure level for public health protection. New
York State has benefited from low levels of those  elements  in  natural
gas  delivered  to  consumers,  due  to  the low levels of radioactivity
occurring in the gas from the sources upon which New York has  primarily
relied.  However, there is now concern that natural gas may be coming to
New York State from sources with high levels of radioactivity from those
elements. It is the intent of this act to prevent levels  of  radon  and
its radioactive progeny from exceeding current levels in gas distributed
to  residential  and  other consumers, mindful of internationally-recog-
nized mitigation action levels. It is the intent of  this  act  to  only
regulate the distribution of gas within the state.
  S  2. The public health law is amended by adding a new article 35-B to
read as follows:
                              ARTICLE 35-B
                                  RADON
SECTION 3560. DEFINITIONS.
        3561. PROTECTION FROM RADON.
        3562. LOCAL DISTRIBUTION REQUIREMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09991-08-4

S. 4921--A                          2

  S 3560. DEFINITIONS. AS USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
CLEARLY REQUIRES OTHERWISE:
  1.  "BQ/M{3}"  MEANS BECQUEREL PER CUBIC METER, WHERE 1 BQ CORRESPONDS
TO ONE RADIOACTIVE DISINTEGRATION PER SECOND. 100 BQ/M{3}  IS  EQUAL  TO
2.7 PCI/L.
  2.  "CURIE"  IS  A  UNIT OF RADIOACTIVITY. ONE CURIE IS EQUAL TO 3.7 X
10{10} RADIOACTIVE DECAYS PER SECOND. ONE PICO CURIE (PCI) IS  1X10{-12}
CURIES.
  3.  "DELIVERY  POINT"  MEANS,  AS DETERMINED BY THE COMMISSIONER UNDER
THIS ARTICLE, A POINT IN A GAS CORPORATION'S INTRASTATE  LOCAL  DISTRIB-
UTION  SYSTEM WHERE THE DISTRIBUTION SYSTEM CONNECTS TO AND RECEIVES GAS
FROM A GAS PIPELINE.
  4. "GAS" AND "GAS CORPORATION" SHALL HAVE THE SAME  MEANINGS  AS  THEY
ARE DEFINED AND USED IN THE PUBLIC SERVICE LAW.
  5.  "LOCAL  GAS DISTRIBUTION CORPORATION" MEANS A GAS CORPORATION THAT
RECEIVES GAS FROM A PIPELINE AND DISTRIBUTES THIS GAS INTRASTATE TO  ITS
RETAIL CUSTOMERS.
  S  3561.  PROTECTION  FROM  RADON.  1. IT IS THE RESPONSIBILITY OF THE
COMMISSIONER TO MINIMIZE, THROUGH THE APPLICATION OF THE ALARA  (AS  LOW
AS  REASONABLY  ACHIEVABLE) PRINCIPLE, THE RISK TO MEMBERS OF THE PUBLIC
POSED BY EXPOSURE TO RADON AND ITS RADIOACTIVE PROGENY. TO ACHIEVE  THIS
GOAL,  THE COMMISSIONER MAY CALL FOR THE ASSISTANCE OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION AND THE PUBLIC SERVICE COMMISSION  AS  NECES-
SARY TO SUPPORT PERMITTING, MONITORING, COMPLIANCE AUDITING AND ENFORCE-
MENT ACTION AS DIRECTED BY THE COMMISSIONER.
  2.  THE  COMMISSIONER  SHALL  ESTABLISH  A SYSTEM FOR DETERMINING, AND
(WHERE THE COMMISSIONER  DEEMS  IT  APPROPRIATE)  DESIGNATING,  DELIVERY
POINTS  WHERE GAS FROM A PIPELINE IS TRANSFERRED TO A LOCAL GAS DISTRIB-
UTION CORPORATION'S DISTRIBUTION SYSTEM THAT ARE APPROPRIATE AND PRACTI-
CABLE FOR MONITORING LEVELS OF RADON  AND  ITS  RADIOACTIVE  PROGENY  TO
ACHIEVE THE PURPOSES OF THIS ARTICLE.
  3.  IN  ORDER  TO ACHIEVE THE GOALS ESTABLISHED IN THIS SECTION, EVERY
LOCAL GAS DISTRIBUTION CORPORATION SELLING OR OTHERWISE PROVIDING GAS TO
CUSTOMERS IN NEW YORK SHALL, CONSISTENT WITH THIS ARTICLE, ESTABLISH AND
MAINTAIN A PROGRAM TO CONTINUOUSLY MONITOR THE LEVEL OF  RADON  AND  ITS
RADIOACTIVE  PROGENY,  MEASURED  AS GROSS ALPHA ACTIVITY, IN THE NATURAL
GAS DELIVERED TO THE LOCAL GAS DISTRIBUTION CORPORATION AT EACH DELIVERY
POINT, REPORTING SUCH LEVELS THROUGH A PUBLICLY-ACCESSIBLE WEBSITE ON  A
REAL  TIME  BASIS.  THE  PROGRAM  SHALL INCLUDE PROVISION FOR GENERATING
ALERTS TO THE LOCAL GAS DISTRIBUTION CORPORATION RELATING TO  THE  MONI-
TORED LEVELS AND APPROPRIATE RESPONSES.
  4.  THE COMMISSIONER SHALL ESTABLISH A COMPLIANCE ASSURANCE SYSTEM FOR
THE MONITORING SYSTEMS REQUIRED PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION,  INCLUDING  A  PERIODIC  PHYSICAL  INSPECTION  AND  MEASUREMENT
PROGRAM TO BE IMPLEMENTED BY THE  DEPARTMENT  AT  THE  VARIOUS  DELIVERY
POINTS.  THIS  PROGRAM  SHALL BE DESIGNED SO THAT EACH DELIVERY POINT IS
INSPECTED AND SAMPLED AT LEAST ONCE PER YEAR BY THE DEPARTMENT.
  5. (A) THE COMMISSIONER SHALL MAKE REGULATIONS AND ESTABLISH A PROGRAM
TO IMPLEMENT AND ENFORCE THIS ARTICLE.  THE  COMMISSIONER  SHALL  COMPLY
WITH  THIS  PARAGRAPH  WITHIN ONE YEAR AFTER THIS ARTICLE SHALL BECOME A
LAW.
  (B) AS PART OF THIS ENFORCEMENT  PROGRAM,  WHENEVER  THE  COMMISSIONER
DETERMINES  THAT  A LOCAL GAS DISTRIBUTION CORPORATION IS NOT IN COMPLI-
ANCE WITH THE REQUIREMENTS OF THIS ARTICLE, HE OR  SHE  SHALL  ISSUE  AN
ORDER  REQUIRING  SUCH  LOCAL  GAS  DISTRIBUTION  CORPORATION TO COMPLY,
INCLUDING THE DEVELOPMENT AND IMPLEMENTATION OF A  PLAN  OF  CORRECTION.

S. 4921--A                          3

WHERE  NECESSARY,  THE COMMISSIONER MAY ORDER THE FLOW OF NATURAL GAS AT
ANY DELIVERY POINT THAT IS NOT IN COMPLIANCE WITH  THE  REQUIREMENTS  OF
THIS  ARTICLE  BE  SHUT  OFF  UNTIL A LOCAL GAS DISTRIBUTION CORPORATION
BRINGS  THAT  DELIVERY  POINT  INTO  COMPLIANCE  WITH  THIS ARTICLE. THE
COMMISSIONER MAY IMPOSE A CIVIL  FINE  OF  UP  TO  TWENTY-FIVE  THOUSAND
DOLLARS  PER DAY PER DELIVERY POINT ON THE LOCAL GAS DISTRIBUTION CORPO-
RATION UNTIL THE RADON AND ITS RADIOACTIVE PROGENY LEVELS AT EACH DELIV-
ERY POINT THAT IS OUT OF COMPLIANCE HAVE BEEN  BROUGHT  INTO  COMPLIANCE
WITH  THIS  ARTICLE.  THE  COMMISSIONER  MAY  COMMENCE A CIVIL ACTION OR
PROCEEDING WHENEVER A LOCAL GAS DISTRIBUTION CORPORATION FAILS TO COMPLY
WITH AN ORDER ISSUED BY THE COMMISSIONER UNDER THIS ARTICLE.
  6. ANY PERSON MAY COMMENCE A CIVIL ACTION OR PROCEEDING AGAINST:
  (A) ANY LOCAL GAS DISTRIBUTION CORPORATION THAT IS NOT  IN  COMPLIANCE
WITH THE REQUIREMENTS OF THIS ARTICLE, AND
  (B) THE COMMISSIONER IF HE OR SHE FAILS TO ENFORCE THE REQUIREMENTS OF
THIS  ARTICLE, PROVIDED THAT THE COMMISSIONER HAS RECEIVED NOTICE OF THE
INTENT TO COMMENCE SUCH CIVIL ACTION OR PROCEEDING AND HAS FAILED WITHIN
THIRTY DAYS OF RECEIVING SUCH NOTICE TO TAKE ENFORCEMENT ACTION  AGAINST
A LOCAL GAS DISTRIBUTION CORPORATION THAT IS NOT IN COMPLIANCE WITH THIS
ARTICLE.  THE COURT IN SUCH ACTION OR PROCEEDING MAY ISSUE AN INJUNCTION
OR OTHER ORDER COMPELLING COMPLIANCE AND SHALL ENTER AN ORDER  REQUIRING
A  LOCAL  GAS  DISTRIBUTION CORPORATION OR THE COMMISSIONER, AS THE CASE
MAY BE, TO PAY THE REASONABLE LEGAL FEES AND EXPENSES  INCURRED  BY  THE
INDIVIDUAL  OR  ORGANIZATION THAT COMMENCED THE CIVIL ACTION OR PROCEED-
ING.
  S 3562. LOCAL DISTRIBUTION REQUIREMENTS. 1. EACH LOCAL GAS CORPORATION
SHALL ESTABLISH AND IMPLEMENT A RADON  MITIGATION  RESPONSE  PROGRAM  TO
ENSURE THAT THE LEVEL OF RADON AND ITS RADIOACTIVE PROGENY AT ANY DELIV-
ERY POINT SHALL NOT EXCEED:  100 BQ/M{3} (EQUIVALENT TO 2.7 PCI/L) AVER-
AGED  OVER  ANY  ONE  HOUR PERIOD, 75 BQ/M{3} (EQUIVALENT TO 2.02 PCI/L)
AVERAGED OVER ANY 24 HOUR PERIOD, 50 BQ/M{3} (EQUIVALENT TO 1.37  PCI/L)
AVERAGED OVER ANY SEVEN DAY PERIOD.
  2.  LOCAL  GAS  DISTRIBUTION CORPORATIONS ARE PROHIBITED FROM BUILDING
NEW OR ADDITIONAL STORAGE FACILITIES TO MITIGATE RADON LEVELS.
  3. IT IS UNLAWFUL FOR ANY LOCAL GAS DISTRIBUTION CORPORATION  TO  PASS
HARMFUL EFFECTS OF MITIGATION TO OTHER REGIONS IN THE STATE.
  4.  NO  LOCAL GAS DISTRIBUTION CORPORATION SHALL DISTRIBUTE GAS UNLESS
IT IS REASONABLY CERTAIN THAT THE LEVEL OF  RADON  AND  ITS  RADIOACTIVE
PROGENY IN THE GAS WHEN IT IS RECEIVED BY RESIDENTIAL OR OTHER CONSUMERS
WILL  BE  AT OR BELOW THE LEVEL OF 100 BQ/M{3} (EQUIVALENT TO 2.7 PCI/L)
AVERAGED OVER ANY ONE HOUR PERIOD.
  S 3. Subdivision 1 of section 18-a  of  the  public  service  law,  as
amended  by  section  2 of part NN of chapter 59 of the laws of 2009, is
amended to read as follows:
  1. All costs and expenses of the department and  commission  shall  be
paid  pursuant  to appropriation on the certification of the chairman of
the department and upon the audit and warrant of the comptroller.    THE
COSTS  AND  EXPENSES  OF  THE DEPARTMENT AND COMMISSION SHALL INCLUDE AN
AMOUNT TO BE SUBALLOCATED TO THE DEPARTMENT OF HEALTH FOR THE COSTS  AND
EXPENSES  OF  ADMINISTERING  ARTICLE THIRTY-FIVE-B (RADON) OF THE PUBLIC
HEALTH LAW. The state treasury shall be reimbursed therefore by payments
to be made thereto from all moneys collected pursuant to  this  chapter.
The total of such costs and expenses shall be borne by the public utili-
ty  companies (including for the purposes of this section municipalities
other than municipalities as defined in section  eighty-nine-l  of  this
chapter),  corporations  (including  the power authority of the state of

S. 4921--A                          4

New York), and persons subject to the  commission's  regulation,  to  be
assessed  in  the manner provided in subdivisions two, three and four of
this section and section two hundred seventeen of this chapter.
  S  4.  Paragraph  (a)  of  subdivision 2 of section 18-a of the public
service law, as amended by section 2 of part A of  chapter  173  of  the
laws of 2013, is amended to read as follows:
  (a)  The  chairman of the department shall estimate prior to the start
of each state fiscal year the total costs and  expenses,  including  the
compensation  and  expenses  of the commission and the department, their
officers, agents and employees, and including  the  cost  of  retirement
contributions,  social security, health and dental insurance, survivor's
benefits, workers' compensation, unemployment insurance and other fringe
benefits required to be paid by the  state  for  the  personnel  of  the
commission  and the department, and including all other items of mainte-
nance and operation expenses, and all other direct and  indirect  costs.
THE ESTIMATE BY THE CHAIRMAN OF THE DEPARTMENT RELATING TO THE COSTS AND
EXPENSES   OF   THE   DEPARTMENT  OF  HEALTH  OF  ADMINISTERING  ARTICLE
THIRTY-FIVE-B (RADON) OF THE PUBLIC HEALTH LAW SHALL BE MADE  IN  AGREE-
MENT  WITH  THE  COMMISSIONER  OF HEALTH AND THE DIRECTOR OF THE BUDGET.
Based on such estimates, the chairman shall determine the amount  to  be
paid  by  each assessed public utility company and the Long Island power
authority and a bill shall be  rendered  to  each  such  public  utility
company and authority.
  S 5. If any provision of this act, or any application of any provision
of  this  act,  is  held to be invalid, or to violate or be inconsistent
with any federal law or regulation, that shall not affect  the  validity
or  effectiveness  of  any  other provision of this act, or of any other
application of any provision of this act,  which  can  be  given  effect
without  that  provision or application; and to that end, the provisions
and applications of this act are severable.
  S 6. This act shall take effect immediately; provided,  however,  that
section  two  of  this  act  shall take effect sixty days after it shall
become a law; and provided further, that if chapter 173 of the  laws  of
2013  shall  not  have  taken effect on or before such date then section
four of this act shall take effect on the same  date  and  in  the  same
manner as such chapter of the laws of 2013 takes effect. Effective imme-
diately,  the  commissioner  of  health,  the chair of the department of
public service, the comptroller, and the  director  of  the  budget  are
authorized  to make regulations and take any other measures necessary to
implement this act on its effective date.

Co-Sponsors

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S4921B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6863B
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 35-B §§3560 - 3562, amd §18-a, Pub Serv L

S4921B (ACTIVE) - Bill Texts

view summary

Relates to the protection of public health from exposure to radon in natural gas; requires continuous monitoring of the level of radon in the natural gas delivered; relates to compliance assurance system; requires public reporting.

view sponsor memo
BILL NUMBER:S4921B

TITLE OF BILL: An act to amend the public health law and the public
service law, in relation to the protection of public health from
exposure to radon in natural gas

PURPOSE: To provide the protection of public health from exposure to
radon in natural gas

SUMMARY OF PROVISIONS:

Section one sets forth the legislative intent and findings Section two
adds new a new article, 35-B to the Public Health Law

Sections three and four amends subdivisions one and two of section
18-a of the Public Service law

Section five sets forth a severability clause Section six sets forth
the effective date

JUSTIFICATION: All natural gas distributed to consumers in United
States contains some level of radon and potentially other radioactive
substances. Shale gas development produces natural gas-containing
radon, and the level of radon in natural gas varies from one gas
production area to another. In New York City alone, natural gas is
currently the predominant fuel used for cooking by residents and will
likely continue to be the predominant cooking fuel for many years.

Currently, one of New York's prime sources of natural gas is from the
Gulf of Mexico off the coasts of Louisiana and Texas. This gas
contains radon at the wellhead at a level of approximately 5
picoCuries per liter, which decays to levels below 2 picoCuries per
liter during the six to eight day travel time to New York City and
other parts of the state.

However, with proposed natural gas extraction closer to home, it is
important that we do not allow the levels of radon in our gas supply
to dangerously increase beyond levels established by the U.S.
Environmental Protection Agency. It has been well documented that
people exposed to radon have an increased likelihood of developing
lung cancer.

While there is no "safe" level of exposure to radon, the U.S,
Environmental Protection Agency recommends mitigation beginning at 2.0
picoCuries per liter and active mitigation at 4.0 or more picoCuries
per liter. This legislation would seek to ensure that radon levels at
the point of use are kept at a safe minimum of 2.7 picoCuries per
liter and would direct the Department of Health to provide adequate
oversight and testing of such established levels.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
section two of this act shall take effect sixty days after it shall
have become a law. Effective immediately, the commissioner of health,


the chair of the public service commission, the comptroller, and the
director of the budget are authorized to make regulations and take any
other measures necessary to implement this act on its effective date.

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

                                 4921--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced by Sens. SAVINO, ADDABBO, AVELLA, CARLUCCI, HOYLMAN, KRUEGER,
  LATIMER,  SERRANO  -- read twice and ordered printed, and when printed
  to be committed to the Committee  on  Health  --  recommitted  to  the
  Committee  on  Health  in  accordance  with  Senate  Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and the  public  service  law,  in
  relation  to the protection of public health from exposure to radon in
  natural gas

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent. The legislature finds that
radon  and its radioactive progeny are a major cause of lung cancer, and
that there is no safe exposure level for public health  protection.  New
York  State  has  benefited from low levels of those elements in natural
gas delivered to consumers, due  to  the  low  levels  of  radioactivity
occurring  in the gas from the sources upon which New York has primarily
relied. However, there is now concern that natural gas may be coming  to
New York State from sources with high levels of radioactivity from those
elements.  It  is  the intent of this act to prevent levels of radon and
its radioactive progeny from exceeding current levels in gas distributed
to residential and other consumers,  mindful  of  internationally-recog-
nized  mitigation  action  levels.  It is the intent of this act to only
regulate the distribution of gas within the state.
  S 2. The public health law is amended by adding a new article 35-B  to
read as follows:
                              ARTICLE 35-B
                                  RADON
SECTION 3560. DEFINITIONS.
        3561. PROTECTION FROM RADON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09991-10-4

S. 4921--B                          2

        3562. GAS CORPORATION REQUIREMENTS.
  S  3560.  DEFINITIONS.  AS  USED  IN  THIS ARTICLE, UNLESS THE CONTEXT
CLEARLY REQUIRES OTHERWISE:
  1. "BQ/M{3}" MEANS BECQUEREL PER CUBIC METER, WHERE 1  BQ  CORRESPONDS
TO  ONE  RADIOACTIVE  DISINTEGRATION PER SECOND. 100 BQ/M{3} IS EQUAL TO
2.7 PCI/L.
  2. "CURIE" IS A UNIT OF RADIOACTIVITY. ONE CURIE IS  EQUAL  TO  3.7  X
10{10}  RADIOACTIVE DECAYS PER SECOND. ONE PICO CURIE (PCI) IS 1X10{-12}
CURIES.
  3. "DELIVERY POINT" MEANS, AS DETERMINED  BY  THE  COMMISSIONER  UNDER
THIS ARTICLE, A POINT IN A GAS CORPORATION'S DISTRIBUTION SYSTEM.
  4.  "GAS"  AND  "GAS CORPORATION" SHALL HAVE THE SAME MEANINGS AS THEY
ARE DEFINED AND USED IN THE PUBLIC SERVICE LAW.
  S 3561. PROTECTION FROM RADON. 1. IT  IS  THE  RESPONSIBILITY  OF  THE
COMMISSIONER  TO  MINIMIZE, THROUGH THE APPLICATION OF THE ALARA (AS LOW
AS REASONABLY ACHIEVABLE) PRINCIPLE, THE RISK TO MEMBERS OF  THE  PUBLIC
POSED  BY EXPOSURE TO RADON AND ITS RADIOACTIVE PROGENY. TO ACHIEVE THIS
GOAL, THE COMMISSIONER MAY CALL FOR THE ASSISTANCE OF THE DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION  AND THE PUBLIC SERVICE COMMISSION AS NECES-
SARY TO SUPPORT PERMITTING, MONITORING, COMPLIANCE AUDITING AND ENFORCE-
MENT ACTION AS DIRECTED BY THE COMMISSIONER.
  2. THE COMMISSIONER SHALL ESTABLISH  A  SYSTEM  FOR  DETERMINING,  AND
(WHERE  THE  COMMISSIONER  DEEMS  IT  APPROPRIATE) DESIGNATING, DELIVERY
POINTS WHERE GAS FROM A PIPELINE IS TRANSFERRED TO A  GAS  CORPORATION'S
DISTRIBUTION  SYSTEM THAT ARE APPROPRIATE AND PRACTICABLE FOR MONITORING
LEVELS OF RADON AND ITS RADIOACTIVE PROGENY TO ACHIEVE THE  PURPOSES  OF
THIS ARTICLE.
  3.  IN  ORDER  TO ACHIEVE THE GOALS ESTABLISHED IN THIS SECTION, EVERY
GAS CORPORATION SELLING OR OTHERWISE PROVIDING GAS TO CUSTOMERS  IN  NEW
YORK  SHALL,  CONSISTENT  WITH  THIS  ARTICLE,  ESTABLISH AND MAINTAIN A
PROGRAM TO CONTINUOUSLY MONITOR THE LEVEL OF RADON AND  ITS  RADIOACTIVE
PROGENY,  MEASURED AS GROSS ALPHA ACTIVITY, IN THE NATURAL GAS DELIVERED
TO THE GAS CORPORATION AT EACH DELIVERY  POINT,  REPORTING  SUCH  LEVELS
THROUGH  A PUBLICLY-ACCESSIBLE WEBSITE ON A REAL TIME BASIS. THE PROGRAM
SHALL INCLUDE PROVISION FOR GENERATING ALERTS  TO  THE  GAS  CORPORATION
RELATING TO THE MONITORED LEVELS AND APPROPRIATE RESPONSES.
  4.  THE COMMISSIONER SHALL ESTABLISH A COMPLIANCE ASSURANCE SYSTEM FOR
THE MONITORING SYSTEMS REQUIRED PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION,  INCLUDING  A  PERIODIC  PHYSICAL  INSPECTION  AND  MEASUREMENT
PROGRAM TO BE IMPLEMENTED BY THE  DEPARTMENT  AT  THE  VARIOUS  DELIVERY
POINTS.  THIS  PROGRAM  SHALL BE DESIGNED SO THAT EACH DELIVERY POINT IS
INSPECTED AND SAMPLED AT LEAST TWICE PER YEAR BY THE DEPARTMENT.
  5. (A) THE COMMISSIONER SHALL MAKE REGULATIONS AND ESTABLISH A PROGRAM
TO IMPLEMENT AND ENFORCE THIS ARTICLE.  THE  COMMISSIONER  SHALL  COMPLY
WITH  THIS  PARAGRAPH  WITHIN ONE YEAR AFTER THIS ARTICLE SHALL BECOME A
LAW.
  (B) AS PART OF THIS ENFORCEMENT  PROGRAM,  WHENEVER  THE  COMMISSIONER
DETERMINES THAT A GAS CORPORATION IS NOT IN COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS ARTICLE, HE OR SHE SHALL ISSUE AN ORDER REQUIRING SUCH GAS
CORPORATION TO COMPLY, INCLUDING THE DEVELOPMENT AND IMPLEMENTATION OF A
PLAN OF CORRECTION. WHERE NECESSARY, THE COMMISSIONER MAY ORDER THE FLOW
OF  NATURAL GAS AT ANY DELIVERY POINT THAT IS NOT IN COMPLIANCE WITH THE
REQUIREMENTS OF THIS ARTICLE BE SHUT OFF UNTIL A GAS CORPORATION  BRINGS
THAT  DELIVERY POINT INTO COMPLIANCE WITH THIS ARTICLE. THE COMMISSIONER
MAY IMPOSE A CIVIL FINE OF UP TO TWENTY-FIVE THOUSAND  DOLLARS  PER  DAY
PER DELIVERY POINT ON THE GAS CORPORATION UNTIL THE RADON AND ITS RADIO-

S. 4921--B                          3

ACTIVE  PROGENY  LEVELS AT EACH DELIVERY POINT THAT IS OUT OF COMPLIANCE
HAVE BEEN BROUGHT INTO COMPLIANCE WITH THIS  ARTICLE.  THE  COMMISSIONER
MAY  COMMENCE  A  CIVIL  ACTION OR PROCEEDING WHENEVER A GAS CORPORATION
FAILS  TO  COMPLY  WITH  AN  ORDER ISSUED BY THE COMMISSIONER UNDER THIS
ARTICLE.
  6. ANY PERSON MAY COMMENCE A CIVIL ACTION OR PROCEEDING AGAINST:
  (A) ANY GAS CORPORATION THAT IS NOT IN COMPLIANCE  WITH  THE  REQUIRE-
MENTS OF THIS ARTICLE, AND
  (B) THE COMMISSIONER IF HE OR SHE FAILS TO ENFORCE THE REQUIREMENTS OF
THIS  ARTICLE, PROVIDED THAT THE COMMISSIONER HAS RECEIVED NOTICE OF THE
INTENT TO COMMENCE SUCH CIVIL ACTION OR PROCEEDING AND HAS FAILED WITHIN
THIRTY DAYS OF RECEIVING SUCH NOTICE TO TAKE ENFORCEMENT ACTION  AGAINST
A GAS CORPORATION THAT IS NOT IN COMPLIANCE WITH THIS ARTICLE. THE COURT
IN  SUCH  ACTION  OR  PROCEEDING  MAY ISSUE AN INJUNCTION OR OTHER ORDER
COMPELLING COMPLIANCE AND SHALL ENTER AN ORDER REQUIRING  A  GAS  CORPO-
RATION  OR  THE  COMMISSIONER, AS THE CASE MAY BE, TO PAY THE REASONABLE
LEGAL FEES AND EXPENSES INCURRED BY THE INDIVIDUAL OR ORGANIZATION  THAT
COMMENCED THE CIVIL ACTION OR PROCEEDING.
  S  3562.  GAS  CORPORATION REQUIREMENTS. 1. EACH GAS CORPORATION SHALL
ESTABLISH AND IMPLEMENT A RADON MITIGATION RESPONSE  PROGRAM  TO  ENSURE
THAT  THE  LEVEL  OF  RADON  AND ITS RADIOACTIVE PROGENY AT ANY DELIVERY
POINT SHALL NOT EXCEED:  100 BQ/M{3} (EQUIVALENT TO 2.7 PCI/L)  AVERAGED
OVER ANY ONE HOUR PERIOD, 75 BQ/M{3} (EQUIVALENT TO 2.02 PCI/L) AVERAGED
OVER  ANY 24 HOUR PERIOD, 50 BQ/M{3} (EQUIVALENT TO 1.37 PCI/L) AVERAGED
OVER ANY SEVEN DAY PERIOD.
  2. GAS CORPORATIONS ARE PROHIBITED FROM  BUILDING  NEW  OR  ADDITIONAL
STORAGE FACILITIES TO MITIGATE RADON LEVELS.
  3.  IT  IS UNLAWFUL FOR ANY GAS CORPORATION TO PASS HARMFUL EFFECTS OF
MITIGATION TO OTHER REGIONS IN THE STATE.
  4. NO GAS CORPORATION SHALL DISTRIBUTE GAS  UNLESS  IT  IS  REASONABLY
CERTAIN  THAT  THE LEVEL OF RADON AND ITS RADIOACTIVE PROGENY IN THE GAS
WHEN IT IS RECEIVED BY RESIDENTIAL OR OTHER  CONSUMERS  WILL  BE  AT  OR
BELOW  THE  LEVEL OF 100 BQ/M{3} (EQUIVALENT TO 2.7 PCI/L) AVERAGED OVER
ANY ONE HOUR PERIOD.
  S 3. Subdivision 1 of section 18-a  of  the  public  service  law,  as
amended  by  section  2 of part NN of chapter 59 of the laws of 2009, is
amended to read as follows:
  1. All costs and expenses of the department and  commission  shall  be
paid  pursuant  to appropriation on the certification of the chairman of
the department and upon the audit and warrant of the comptroller.    THE
COSTS  AND  EXPENSES  OF  THE DEPARTMENT AND COMMISSION SHALL INCLUDE AN
AMOUNT TO BE SUBALLOCATED TO THE DEPARTMENT OF HEALTH FOR THE COSTS  AND
EXPENSES  OF  ADMINISTERING  ARTICLE  THIRTY-FIVE-B OF THE PUBLIC HEALTH
LAW. The state treasury shall  be  reimbursed  [therefore]  THEREFOR  by
payments  to  be made thereto from all moneys collected pursuant to this
chapter. The total of such costs and expenses  shall  be  borne  by  the
public  utility  companies  (including  for the purposes of this section
municipalities other than municipalities as defined in  section  eighty-
nine-l  of this chapter), corporations (including the power authority of
the state of New York), and persons subject to  the  commission's  regu-
lation, to be assessed in the manner provided in subdivisions two, three
and four of this section and section two hundred seventeen of this chap-
ter.
  S  4.  Paragraph  (a)  of  subdivision 2 of section 18-a of the public
service law, as amended by section 2 of part A of  chapter  173  of  the
laws of 2013, is amended to read as follows:

S. 4921--B                          4

  (a)  The  chairman of the department shall estimate prior to the start
of each state fiscal year the total costs and  expenses,  including  the
compensation  and  expenses  of the commission and the department, their
officers, agents and employees, and including  the  cost  of  retirement
contributions,  social security, health and dental insurance, survivor's
benefits, workers' compensation, unemployment insurance and other fringe
benefits required to be paid by the  state  for  the  personnel  of  the
commission  and the department, and including all other items of mainte-
nance and operation expenses, and all other direct and  indirect  costs.
THE ESTIMATE BY THE CHAIRMAN OF THE DEPARTMENT RELATING TO THE COSTS AND
EXPENSES   OF   THE   DEPARTMENT  OF  HEALTH  OF  ADMINISTERING  ARTICLE
THIRTY-FIVE-B OF THE PUBLIC HEALTH LAW SHALL BE MADE IN  AGREEMENT  WITH
THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE BUDGET. Based on such
estimates,  the  chairman  shall determine the amount to be paid by each
assessed public utility company and the Long Island power authority  and
a bill shall be rendered to each such public utility company and author-
ity.
  S 5. If any provision of this act, or any application of any provision
of  this  act,  is  held to be invalid, or to violate or be inconsistent
with any federal law or regulation, that shall not affect  the  validity
or  effectiveness  of  any  other provision of this act, or of any other
application of any provision of this act,  which  can  be  given  effect
without  that  provision or application; and to that end, the provisions
and applications of this act are severable.
  S 6. This act shall take effect immediately; provided,  however,  that
section  two  of  this  act  shall take effect sixty days after it shall
become a law.  Effective immediately, the commissioner  of  health,  the
chair  of the public service commission, the comptroller, and the direc-
tor of the budget are authorized to make regulations and take any  other
measures necessary to implement this act on its effective date.

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