S T A T E O F N E W Y O R K
________________________________________________________________________
5515--B
2017-2018 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 16.11 of the mental hygiene law is amended by
adding a new subdivision (g) to read as follows:
(G) THE COMMISSIONER SHALL REQUIRE ANNUAL RADON TESTING OF EACH FACIL-
ITY, DEPARTMENT FACILITY, HOSPITAL, SCHOOL, COMMUNITY RESIDENCE, SUPER-
VISED LIVING FACILITY, SUPPORTIVE LIVING FACILITY AND RESIDENTIAL CARE
CENTER FOR ADULTS. SUCH TESTING SHALL BE PERFORMED BY A TRAINED AND
CERTIFIED, INDEPENDENT ENTITY.
(1) WHERE RADON LEVELS EXCEED 4 PCI/L, CORRECTIVE ACTIONS SHALL BE
TAKEN WITHIN THIRTY DAYS BY TRAINED AND CERTIFIED SPECIALISTS TO
SUCCESSFULLY REDUCE THE RADON LEVEL BELOW 4 PCI/L.
(2) WHERE RADON LEVELS EXCEED 8 PCI/L, CORRECTIVE ACTION SHALL BE
TAKEN WITHIN FOURTEEN DAYS BY TRAINED AND CERTIFIED SPECIALISTS TO
SUCCESSFULLY REDUCE THE RADON LEVEL BELOW 4 PCI/L.
(3) EACH FACILITY, DEPARTMENT FACILITY, HOSPITAL, SCHOOL, COMMUNITY
RESIDENCE, SUPERVISED LIVING FACILITY, SUPPORTIVE LIVING FACILITY AND
RESIDENTIAL CARE CENTER FOR ADULTS SHALL POST THEIR ANNUAL TEST RESULTS
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
TO REDUCE RADON ARE COMPLETED. IF NO CORRECTIVE ACTIONS ARE NECESSARY,
PROOF OF SUCH SHALL BE POSTED.
(4) A COMPREHENSIVE REPORT INCLUDING THE TEST RESULTS FROM ALL FACILI-
TIES, DEPARTMENT FACILITIES, HOSPITALS, SCHOOLS, COMMUNITY RESIDENCES,
SUPERVISED LIVING FACILITIES, SUPPORTIVE LIVING FACILITIES AND RESIDEN-
TIAL CARE CENTERS FOR ADULTS SHALL BE PROVIDED TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY NO
LATER THAN THE FIFTEENTH OF JANUARY EACH YEAR AND SHALL BE POSTED ONLINE
BY THE SAME DATE.
§ 2. The mental hygiene law is amended by adding a new section 31.39
to read as follows:
§ 31.39 ANNUAL RADON TESTING.
THE COMMISSIONER SHALL REQUIRE ANNUAL RADON TESTING OF EACH FACILITY,
DEPARTMENT FACILITY, HOSPITAL, COMMUNITY RESIDENCE, SUPERVISED LIVING
FACILITY, SUPPORTIVE LIVING FACILITY AND RESIDENTIAL CARE CENTER FOR
ADULTS. SUCH TESTING SHALL BE PERFORMED BY A TRAINED AND CERTIFIED,
INDEPENDENT ENTITY.
(A) WHERE RADON LEVELS EXCEED 4 PCI/L, CORRECTIVE ACTIONS SHALL BE
TAKEN WITHIN THIRTY DAYS BY TRAINED AND CERTIFIED SPECIALISTS TO
SUCCESSFULLY REDUCE THE RADON LEVEL BELOW 4 PCI/L.
(B) WHERE RADON LEVELS EXCEED 8 PCI/L, CORRECTIVE ACTION SHALL BE
TAKEN WITHIN FOURTEEN DAYS BY TRAINED AND CERTIFIED SPECIALISTS TO
SUCCESSFULLY REDUCE THE RADON LEVEL BELOW 4 PCI/L.
(C) EACH FACILITY, DEPARTMENT FACILITY, HOSPITAL, SCHOOL, COMMUNITY
RESIDENCE, SUPERVISED LIVING FACILITY, SUPPORTIVE LIVING FACILITY AND
RESIDENTIAL CARE CENTER FOR ADULTS SHALL POST THEIR ANNUAL TEST RESULTS
ONLINE. RESULTS SHALL BE POSTED PRIOR TO AND FOLLOWING ANY ACTIONS TAKEN
TO REDUCE RADON ARE COMPLETED. IF NO CORRECTIVE ACTIONS ARE NECESSARY,
PROOF OF SUCH SHALL BE POSTED.
(D) A COMPREHENSIVE REPORT INCLUDING THE TEST RESULTS FROM ALL FACILI-
TIES, DEPARTMENT FACILITIES, HOSPITALS, SCHOOLS, COMMUNITY RESIDENCES,
SUPERVISED LIVING FACILITIES, SUPPORTIVE LIVING FACILITIES AND RESIDEN-
TIAL CARE CENTERS FOR ADULTS SHALL BE PROVIDED TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY NO
LATER THAN THE FIFTEENTH OF JANUARY EACH YEAR AND SHALL BE POSTED ONLINE
BY THE SAME DATE.
§ 3. Within 120 days of the effective date of this act, all facili-
ties, department facilities, hospitals, schools, community residences,
supervised living facilities, supportive living facilities and residen-
tial care centers for adults as defined in section 1.03 of the mental
hygiene law, shall have had their first annual radon test completed.
§ 4. This act shall take effect immediately.