Senate File 413 - Introduced SENATE FILE 413 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1155) A BILL FOR An Act relating to allowable disclosures of radon testing 1 results. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2194SV (2) 86 aw/sc
S.F. 413 Section 1. Section 136B.2, subsection 1, paragraph b, Code 1 2015, is amended to read as follows: 2 b. A person shall not disclose to any other person, except 3 to the department, the results of a test or the address or 4 the name of the owner of a nonpublic building that the person 5 tested for the presence of radon gas and radon progeny, unless 6 the owner of the building waives, in writing, this right of 7 confidentiality. However, a person certified or credentialed 8 pursuant to section 136B.1 may disclose the results of a test 9 performed by the person for the presence of radon and radon 10 progeny to a potential buyer of a nonpublic building when 11 an offer to purchase has been presented by the buyer and if 12 the potential buyer paid for the testing. Any test results 13 disclosed shall be results of a test performed within the five 14 years prior to the date of the disclosure. 15 Sec. 2. Section 136B.2, subsection 2, Code 2015, is amended 16 to read as follows: 17 2. a. Notwithstanding the requirements of this section , 18 disclosure to any person of the results of a test performed 19 on a nonpublic building for the presence of radon gas and 20 radon progeny is not required if the results do not exceed the 21 currently established United States environmental protection 22 agency action guidelines , except as required during a real 23 estate transaction pursuant to section 558A.4, subsection 2 . 24 b. A person who tests a nonpublic building which the person 25 owns is not required to disclose to any person the results of 26 a test for the presence of radon gas or progeny if the test 27 is performed by the person who owns the nonpublic building , 28 except as required during a real estate transaction pursuant to 29 section 558A.4, subsection 2 . 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to allowable disclosures of radon 34 testing results. The bill provides that a person certified or 35 -1- LSB 2194SV (2) 86 aw/sc 1/ 2
S.F. 413 credentialed pursuant to Code section 136B.1 may disclose the 1 results of radon testing to a potential buyer of a nonpublic 2 building when an offer to purchase has been presented by the 3 buyer and the buyer paid for the testing. The bill makes 4 additional technical changes. 5 -2- LSB 2194SV (2) 86 aw/sc 2/ 2