HF 349 (LSB 2221YH (3) 88)

HOUSE FILE 349

BY  BEST

A BILL FOR

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

    Section 1.  NEW SECTION.  280.31  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 short-term testing for radon gas to be performed at each attendance center under its control at least once by July 1, 2022, and at least once every five 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. If the building undergoes a major renovation of the heating, ventilation, and air conditioning system or of the building structure, the building will be tested prior to the renovation and immediately upon completion of the renovation and thereafter at a frequency of every five years if there are no elevated levels, or every two years after mitigation for elevated levels.
   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 education on the annual basic education data survey report. The department of education shall publish the submitted results on the department’s internet site for public review and shall provide the submitted results to the department of public health. Each school district shall also publish the most current results on the district’s internet site.
   4.  a.  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 decay products performed at the attendance center within ninety days of the first short-term test. 
   b.  If the results of a second test at an attendance center pursuant to paragraph “a” of this subsection 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 decay products 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 conducted on and after July 1, 2022, shall be conducted as prescribed by the department of public health by a person certified to conduct such testing pursuant to section 136B.1, or by those district employees trained in a radon testing protocol as approved by the department of public health. The department of public health shall maintain and make available to school districts a list of such certified persons.
   7.  a.  The department of public health and the department of education shall each adopt rules 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, 2022. 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.
   8.  The department of education and the department of public health shall approve standards for the design and construction of school buildings that minimize radon entry and facilitate any subsequent remediation activities. All new school construction and school renovation projects that cost more than five hundred thousand dollars will incorporate a radon mitigation strategy.
    Sec. 2.  Section 298.3, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  n.  Radon testing and radon mitigation pursuant to section 280.31.
    Sec. 3.  Section 423F.3, subsection 3, paragraph a, Code 2019, 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 280.31, 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 July 1, 2022, and at least once every five 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 conducted on and after July 1, 2022, must be performed by a person certified to conduct such testing 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 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 education on the annual basic educational data survey (BEDS) report. The bill requires the department of education to publish the submitted results on the department’s internet site for public review and to provide the submitted results to the department of public health. Each school district shall also publish its most recent results on its school district internet site.
   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 also requires the department of public health and the department of education to approve standards for the design and construction of school buildings to reduce radon entry and facilitate radon remediation.
   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 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.