HF 420 (LSB 2600YH (4) 87)

HOUSE FILE 420

BY  R. TAYLOR and KOESTER

A BILL FOR

An Act to require radon testing and mitigation in public schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  280.30  Radon testing and mitigation.
   1.  For purposes of this section, “short-term test” means a test approved by the department of public health in which a testing device remains in an area for not less than two days and not more than ninety days to determine the amount of radon in the air.
   2.  The board of directors of each public school district shall establish a schedule for a short-term testing for radon gas to be performed at each attendance center under its control at least once by June 30, 2028, and at least once every ten years thereafter, and following any new construction of an attendance center or additions, renovations, or repairs to an attendance center, unless otherwise provided by subsection 5. 
   3.  If the results of a test at an attendance center are at or above four picocuries per liter, the board of directors of the public school district shall have a second short-term test for radon gas and radon progeny performed at the attendance center within ninety days of the first short-term test. 
   4.  If the results of a second test at an attendance center pursuant to subsection 3 are at or above four picocuries per liter, the board of directors of the public school district shall retain a person credentialed to perform radon abatement measures pursuant to section 136B.1 to develop a radon mitigation plan within ninety days of the second short-term test. The board shall implement the radon mitigation plan within one year of the second short-term test. 
   5.  a.  The board of directors of each public school district shall have a short-term test for radon gas and radon progeny performed every other year at any attendance center that has implemented a radon mitigation plan pursuant to subsection 4 or an alternative radon mitigation plan pursuant to paragraph “b” of this subsection.
   b.  If the results of a biennial test at an attendance center are at or above four picocuries per liter, the board of directors of the public school district shall retain a person credentialed to perform radon abatement measures pursuant to section 136B.1 to develop an alternative radon mitigation plan within ninety days of the biennial test. The board shall implement the alternative radon mitigation plan within one year of the biennial test.
   c.  The board of directors of each public school district shall continue biennial radon testing at an attendance center until the results of biennial radon testing at the attendance center have been less than four picocuries per liter for four consecutive years.
   6.  Radon testing pursuant to this section shall be conducted by a person certified to conduct such testing pursuant to section 136B.1 and shall be conducted as prescribed by the department of public health. Radon mitigation plans and alternative radon mitigation plans pursuant to this section shall be developed and implemented as prescribed by the department of public health.
   7.  The department of public health and the department of education shall each adopt rules to jointly administer this section. 
    Sec. 2.  Section 298.3, subsection 1, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  n.  Radon testing and radon mitigation pursuant to section 280.30.
    Sec. 3.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the board of directors of each public school district to have a short-term test for radon gas performed at each attendance center under its control at least once by June 30, 2028, and at least once every 10 years thereafter, and following new construction of an attendance center or additions, renovations, or repairs to an attendance center. If the results of such a test are at or above four picocuries per liter, the bill requires the board to have a second short-term test performed at the attendance center within 90 days.
   If the results of a second test are at or above four picocuries per liter, the bill requires the board of directors of the public school district to retain a person credentialed to perform radon abatement measures to develop a radon mitigation plan within 90 days. The radon mitigation plan must be implemented within one year.
   If the results of a short-term test at an attendance center at which a radon mitigation plan has been implemented are at or above four picocuries per liter, the bill requires the board of directors of the public school district to retain a person credentialed to perform radon abatement measures to develop an alternative radon mitigation plan within 90 days. The alternative radon mitigation plan must be implemented within one year.
   The bill requires biennial, short-term radon testing for any school site at which a radon mitigation plan or an alternative radon mitigation plan has been implemented, which continues until the results have been less than four picocuries per liter for four consecutive years.
   The bill defines “short-term test” as a test approved by the department of public health in which a testing device remains in an area for not less than two days and not more than 90 days to determine the amount of radon in the air. Radon testing pursuant to the bill must be conducted by a person certified to conduct such testing and must be conducted as prescribed by the department of public health. Radon mitigation plans and alternative radon mitigation plans pursuant to the bill must be developed and implemented as prescribed by the department of public health.
   The bill requires the department of public health and the department of education to each adopt rules to jointly administer the provisions of the bill relating to radon testing in schools.
   The bill adds radon testing and radon mitigation pursuant to the bill to the list of permissible uses of a physical plant and equipment levy by a school district.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.