HF 497 (LSB 1514HH (2) 87)

HOUSE FILE 497

BY  STAED

(COMPANION TO SF 7 BY QUIRMBACH)

A BILL FOR

An Act requiring radon testing in public schools and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  280.30  Radon testing.
   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 that is acceptable for human inhalation.
   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, 2019, 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. 
   3.  The board of directors of each public school district shall submit the results of each radon test conducted at an attendance center pursuant to this section to the department of public health within five days. The department of public health shall publish the submitted results on the department’s internet site for public review and shall provide the submitted results to the department of education.
   4.  Radon testing pursuant to this section conducted on and after July 1, 2019, shall be conducted as prescribed by the department of public health and shall be conducted by a person certified to conduct such testing pursuant to section 136B.1. The department of public health shall maintain and make available to school districts a list of such certified persons.
   5.  a.  The department of public health and the department of education shall each adopt rules pursuant to chapter 17A to jointly administer this section.
   b.  In consultation with appropriate stakeholders, the department of public health shall adopt rules pursuant to chapter 17A establishing standards for radon testing at attendance centers pursuant to this section by July 1, 2019. Such standards shall include but are not limited to training requirements for persons certified by the department to conduct such testing and best practices for conducting such testing.
    Sec. 2.  Section 298.3, subsection 1, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  n.  Radon testing pursuant to section 280.30.
    Sec. 3.  Section 423F.3, subsection 3, paragraph a, Code 2017, is amended to read as follows:
   a.  If the board of directors adopts a resolution to use funds received under the operation of this chapter solely for providing property tax relief by reducing indebtedness from the levies specified under section 298.2 or 298.18, or for radon testing pursuant to section 280.30, the board of directors may approve a revenue purpose statement for that purpose without submitting the revenue purpose statement to a vote of the electors.
    Sec. 4.  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.
    Sec. 5.  APPLICABILITY.  Section 423F.3, subsection 7, shall not apply to this Act.
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, 2019, 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.
   The bill requires the board of directors of each public school district to submit the results of each radon test conducted at an attendance center pursuant to the bill to the department of public health within five days. The bill requires the department of public health to publish the submitted results on the department’s internet site for public review and to provide the submitted results to the department of education.
   Radon testing pursuant to the bill conducted on and after July 1, 2019, must be conducted as prescribed by the department of public health and must be conducted by a person certified to conduct such testing pursuant to Code section 136B.1. The department of public health must maintain and make available to school districts a list of such certified persons.
   The bill requires the department of public health and the department of education to each adopt administrative rules to jointly administer the bill. The bill requires the department of public health, in consultation with appropriate stakeholders, to adopt administrative rules establishing standards for radon testing at attendance centers pursuant to the bill by July 1, 2019.
   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 that is acceptable for human inhalation.
   The bill adds radon testing conducted pursuant to the bill to the list of permissible uses of a physical plant and equipment levy or revenues from the secure an advanced vision for education fund under Code section 423F.3.
   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.
   The bill makes inapplicable Code section 423F.3, subsection 7, which requires a bill that would alter the purposes for which the revenues received under Code section 423F.3 may be used from infrastructure and property tax relief purposes to any other purpose to be approved by a vote of at least two-thirds of the members of both chambers of the general assembly.