Senate File 2127 - Introduced SENATE FILE 2127 BY McCOY A BILL FOR An Act requiring radon testing and mitigation in public 1 schools. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5918XS (3) 85 je/sc
S.F. 2127 Section 1. NEW SECTION . 280.30 Radon testing and 1 mitigation. 2 1. For purposes of this section, “short-term test” means 3 a test approved by the department of public health in which a 4 testing device remains in an area for not less than two days 5 and not more than ninety days to determine the amount of radon 6 in the air that is acceptable for human inhalation. 7 2. The board of directors of each public school district 8 shall establish a schedule for a short-term testing for radon 9 gas to be performed at each attendance center under its control 10 at least once by June 30, 2016, and at least once every ten 11 years thereafter, and following any new construction of an 12 attendance center or additions, renovations, or repairs to an 13 attendance center, unless otherwise provided by subsection 5. 14 3. If the results of a test at an attendance center are at 15 or above four picocuries per liter, the board of directors of 16 the public school district shall have a second short-term test 17 for radon gas and radon progeny performed at the attendance 18 center within ninety days of the first short-term test. 19 4. If the results of a second test at an attendance center 20 pursuant to subsection 3 are at or above four picocuries per 21 liter, the board of directors of the public school district 22 shall retain a person credentialed to perform radon abatement 23 measures pursuant to section 136B.1 to develop a radon 24 mitigation plan within ninety days of the second short-term 25 test. The board shall implement the radon mitigation plan 26 within one year of the second short-term test. 27 5. a. The board of directors of each public school district 28 shall have a short-term test for radon gas and radon progeny 29 performed every other year at any attendance center that has 30 implemented a radon mitigation plan pursuant to subsection 4 or 31 an alternative radon mitigation plan pursuant to paragraph “b” 32 of this subsection. 33 b. If the results of a biennial test at an attendance 34 center are at or above four picocuries per liter, the board of 35 -1- LSB 5918XS (3) 85 je/sc 1/ 5
S.F. 2127 directors of the public school district shall retain a person 1 credentialed to perform radon abatement measures pursuant to 2 section 136B.1 to develop an alternative radon mitigation plan 3 within ninety days of the biennial test. The board shall 4 implement the alternative radon mitigation plan within one year 5 of the biennial test. 6 c. The board of directors of each public school district 7 shall continue biennial radon testing at an attendance center 8 until the results of biennial radon testing at the attendance 9 center have been less than four picocuries per liter for four 10 consecutive years. 11 6. The board of directors of each public school district 12 shall submit the results of each radon test conducted at an 13 attendance center pursuant to this section to the department 14 of education within five days. 15 7. Radon testing pursuant to this section shall be conducted 16 by a person certified to conduct such testing pursuant to 17 section 136B.1 and shall be conducted as prescribed by the 18 department of public health. Radon mitigation plans and 19 alternative radon mitigation plans pursuant to this section 20 shall be developed and implemented as prescribed by the 21 department of public health. 22 8. The department of public health and the department of 23 education shall each adopt rules to jointly administer this 24 section. 25 Sec. 2. Section 298.3, subsection 1, Code 2014, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . n. Radon testing and radon mitigation 28 pursuant to section 280.30. 29 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code 30 2014, is amended to read as follows: 31 a. If the board of directors adopts a resolution to use 32 funds received under the operation of this chapter solely for 33 providing property tax relief by reducing indebtedness from the 34 levies specified under section 298.2 or 298.18 , or for radon 35 -2- LSB 5918XS (3) 85 je/sc 2/ 5
S.F. 2127 testing and radon mitigation pursuant to section 280.30, the 1 board of directors may approve a revenue purpose statement for 2 that purpose without submitting the revenue purpose statement 3 to a vote of the electors. 4 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 5 with section 25B.2, subsection 3, the state cost of requiring 6 compliance with any state mandate included in this Act shall 7 be paid by a school district from state school foundation aid 8 received by the school district under section 257.16. This 9 specification of the payment of the state cost shall be deemed 10 to meet all of the state funding-related requirements of 11 section 25B.2, subsection 3, and no additional state funding 12 shall be necessary for the full implementation of this Act 13 by and enforcement of this Act against all affected school 14 districts. 15 Sec. 5. APPLICABILITY. Section 423F.3, subsection 7, shall 16 not apply to this Act. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill requires the board of directors of each public 21 school district to have a short-term test for radon gas 22 performed at each attendance center under its control at 23 least once by June 30, 2016, and at least once every 10 years 24 thereafter, and following new construction of an attendance 25 center or additions, renovations, or repairs to an attendance 26 center. If the results of such a test are at or above four 27 picocuries per liter, the bill requires the board to have a 28 second short-term test performed at the attendance center 29 within 90 days. 30 If the results of a second test are at or above four 31 picocuries per liter, the bill requires the board of directors 32 of the public school district to retain a person credentialed 33 to perform radon abatement measures to develop a radon 34 mitigation plan within 90 days. The radon mitigation plan must 35 -3- LSB 5918XS (3) 85 je/sc 3/ 5
S.F. 2127 be implemented within one year. 1 If the results of a short-term test at an attendance center 2 at which a radon mitigation plan has been implemented are at or 3 above four picocuries per liter, the bill requires the board 4 of directors of the public school district to retain a person 5 credentialed to perform radon abatement measures to develop 6 an alternative radon mitigation plan within 90 days. The 7 alternative radon mitigation plan must be implemented within 8 one year. 9 The bill requires biennial, short-term radon testing for any 10 school site at which a radon mitigation plan or an alternative 11 radon mitigation plan has been implemented, which continues 12 until the results have been less than four picocuries per liter 13 for four consecutive years. 14 The bill requires the board of directors of each public 15 school district to submit the results of each radon test 16 conducted at an attendance center pursuant to the bill to the 17 department of education within five days. 18 The bill defines “short-term test” as a test approved by 19 the department of public health in which a testing device 20 remains in an area for not less than two days and not more than 21 90 days to determine the amount of radon in the air that is 22 acceptable for human inhalation. Radon testing pursuant to the 23 bill must be conducted by a person certified to conduct such 24 testing and must be conducted as prescribed by the department 25 of public health. Radon mitigation plans and alternative radon 26 mitigation plans pursuant to the bill must be developed and 27 implemented as prescribed by the department of public health. 28 The bill requires the department of public health and 29 the department of education to each adopt rules to jointly 30 administer the provisions of the bill relating to radon testing 31 in schools. 32 The bill adds radon testing and radon mitigation pursuant to 33 the bill to the list of permissible uses of a physical plant 34 and equipment levy or revenues from the secure an advanced 35 -4- LSB 5918XS (3) 85 je/sc 4/ 5
S.F. 2127 vision for education fund under Code section 423F.3 or by a 1 school district. 2 The bill may include a state mandate as defined in Code 3 section 25B.3. The bill requires that the state cost of 4 any state mandate included in the bill be paid by a school 5 district from state school foundation aid received by the 6 school district under Code section 257.16. The specification 7 is deemed to constitute state compliance with any state mandate 8 funding-related requirements of Code section 25B.2. The 9 inclusion of this specification is intended to reinstate the 10 requirement of political subdivisions to comply with any state 11 mandates included in the bill. 12 The bill makes inapplicable Code section 423F.3, subsection 13 7, which requires a bill that would alter the purposes for 14 which the revenues received under Code section 423F.3 may be 15 used from infrastructure and property tax relief purposes 16 to any other purpose to be approved by a vote of at least 17 two-thirds of the members of both chambers of the general 18 assembly. 19 -5- LSB 5918XS (3) 85 je/sc 5/ 5