S.F. 366 Section 1. NEW SECTION . 103A.8D Residential construction 1 requirements and standards for radon control. 2 The state building code commissioner shall adopt as a part 3 of the state building code construction requirements and 4 standards for radon control in new residential construction. 5 The requirements and standards adopted by the commissioner 6 shall be based upon the radon control method requirements of 7 the international code council’s most recent international 8 residential code. Notwithstanding any other provision of 9 this chapter to the contrary, the construction requirements 10 and standards for radon control adopted by the commissioner 11 and approved by the council shall apply to new residential 12 construction commenced on or after January 1, 2015, and shall 13 supersede and replace any minimum requirements and standards 14 for radon control in new residential construction adopted or 15 enacted by a governmental subdivision prior to that date. 16 The state building code commissioner may provide training to 17 builders, contractors, and other interested persons on the 18 construction requirements and standards for radon control 19 in residential construction. A builder of a residence for 20 resale shall not be liable for any claims related to radon 21 control standards or requirements after the conveyance of the 22 residence. 23 Sec. 2. Section 103A.10, Code 2013, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 6. Notwithstanding any other provision of 26 this chapter to the contrary, the construction requirements and 27 standards for radon control in new residential construction 28 adopted by the commissioner and approved by the council shall 29 apply to all new residential construction commenced on or after 30 January 1, 2015, and shall supersede and replace any minimum 31 requirements or standards for radon control in new residential 32 construction adopted or enacted by the governmental subdivision 33 prior to that date. A builder of a residence for resale shall 34 not be liable for any claims related to radon control standards 35 -1- LSB 1136SV (2) 85 je/sc 1/ 9

S.F. 366 or requirements after the conveyance of the residence. 1 Sec. 3. Section 136B.1, subsections 2 and 3, Code 2013, are 2 amended to read as follows: 3 2. The department shall establish programs and adopt rules 4 for the certification of persons who test for the presence of 5 radon gas and radon progeny in buildings, the credentialing of 6 persons abating the level of radon in buildings, and standards 7 for radon abatement systems. 8 3. Following the establishment of the certification 9 and credentialing programs by the department, a person who 10 is not certified, as appropriate, shall not test for the 11 presence of radon gas and radon progeny , and a person who is 12 not credentialed, as required, shall not perform abatement 13 measures. This section does not apply to a person performing 14 the testing or abatement on a building which the person 15 owns, or to a person performing testing or abatement without 16 compensation. 17 Sec. 4. Section 136B.2, subsection 1, paragraph b, Code 18 2013, is amended to read as follows: 19 b. A Except as otherwise provided in section 558A.4, 20 subsection 1, and section 562A.13, subsection 7, a person shall 21 not disclose to any other person, except to the department, 22 the address or owner of a nonpublic building that the person 23 tested for the presence of radon gas and radon progeny , unless 24 the owner of the building waives, in writing, this right of 25 confidentiality. Any test results disclosed shall be results 26 of a test performed within the five years prior to the date of 27 the disclosure. 28 Sec. 5. Section 136B.2, subsection 2, Code 2013, is amended 29 to read as follows: 30 2. a. Notwithstanding the requirements of this section , 31 disclosure to any person of the results of a test performed 32 on a nonpublic building for the presence of radon gas and 33 radon progeny is not required if the results do not exceed the 34 currently established United States environmental protection 35 -2- LSB 1136SV (2) 85 je/sc 2/ 9

S.F. 366 agency action guidelines , except as otherwise provided in 1 section 558A.4, subsection 1, and section 562A.13, subsection 2 7 . 3 b. A Except as otherwise provided in section 558A.4, 4 subsection 1, and section 562A.13, subsection 7, a person 5 who tests a nonpublic building which the person owns is not 6 required to disclose to any person the results of a test for 7 the presence of radon gas or progeny if the test is performed 8 by the person who owns the nonpublic building. 9 Sec. 6. Section 136B.3, Code 2013, is amended to read as 10 follows: 11 136B.3 Testing and reporting of radon level. 12 The department or its duly authorized agents shall from time 13 to time perform inspections and testing of the premises of a 14 property to determine the level at which it is contaminated 15 with radon gas or radon progeny as a spot-check of the validity 16 of measurements or the adequacy of abatement measures performed 17 by persons certified or credentialed under section 136B.1 . 18 Following testing the department shall provide the owner of 19 the property with a written report of its results including 20 the concentration of radon gas or radon progeny contamination 21 present, an interpretation of the results, and recommendation 22 of appropriate action. A person certified or credentialed 23 under section 136B.1 shall also be advised of the department’s 24 results, discrepancies revealed by the spot-check, actions 25 required of the person, and actions the department intends to 26 take with respect to the person’s continued certification or 27 credentialing. 28 Sec. 7. Section 136B.4, Code 2013, is amended to read as 29 follows: 30 136B.4 Fees —— rules. 31 1. The department shall establish a fee schedule to defray 32 the costs of and collect fees for the certification and 33 credentialing programs established pursuant to section 136B.1 34 and the testing conducted and the written reports provided 35 -3- LSB 1136SV (2) 85 je/sc 3/ 9

S.F. 366 pursuant to section 136B.3 . The fees collected may be used for 1 educational purposes to promote awareness of and testing for 2 radon. 3 2. Fees collected pursuant to this section shall be retained 4 by the department, shall be considered repayment receipts as 5 defined in section 8.2, and shall be used for the purposes 6 described in this section, including but not limited to the 7 addition of full-time equivalent positions for program services 8 and investigations. 9 3. The department shall adopt rules, pursuant to chapter 10 17A , to implement this chapter . 11 Sec. 8. NEW SECTION . 136B.7 Radon education fund. 12 1. A radon education fund is created in the state treasury 13 to be administered by the department of public health. The 14 fund shall consist of all moneys deposited into the fund 15 pursuant to section 136B.4. 16 2. Moneys in the fund shall be used by the department to 17 provide radon program education. 18 3. Notwithstanding section 12C.7, subsection 2, interest or 19 earnings on moneys in the fund shall be credited to the fund. 20 Sec. 9. NEW SECTION . 280.30 Radon testing and mitigation. 21 1. For purposes of this section, “short-term test” means 22 a test approved by the department of public health in which a 23 testing device remains in an area for not less than two days 24 and not more than ninety days to determine the amount of radon 25 in the air that is acceptable for human inhalation. 26 2. The board of directors of each public school district 27 and the authorities in charge of each nonpublic school shall 28 establish a schedule for a short-term testing for radon gas to 29 be performed at each attendance center under its control at 30 least once by June 30, 2025, and at least once every ten years 31 thereafter, and following any new construction of an attendance 32 center or additions, renovations, or repairs to an attendance 33 center, unless otherwise provided by subsection 5. 34 3. If the results of a test at an attendance center are at 35 -4- LSB 1136SV (2) 85 je/sc 4/ 9

S.F. 366 or above four picocuries per liter, the board of directors of 1 the public school district or the authorities in charge of the 2 nonpublic school shall have a second short-term test for radon 3 gas and radon progeny performed at the attendance center within 4 ninety days of the first short-term test. 5 4. If the results of a second test at an attendance center 6 pursuant to subsection 3 are at or above four picocuries per 7 liter, the board of directors of the public school district and 8 the authorities in charge of the nonpublic school shall retain 9 a person credentialed to perform radon abatement measures 10 pursuant to section 136B.1 to develop a radon mitigation plan 11 within ninety days of the second short-term test. The board 12 of directors of the public school district and the authorities 13 in charge of the nonpublic school shall implement the radon 14 mitigation plan within one year of the second short-term test. 15 5. a. The board of directors of each public school 16 district and the authorities in charge of each nonpublic school 17 shall have a short-term test for radon gas and radon progeny 18 performed every other year at any attendance center that has 19 implemented a radon mitigation plan pursuant to subsection 4 or 20 an alternative radon mitigation plan pursuant to paragraph “b” 21 of this subsection. 22 b. If the results of a biennial test at an attendance 23 center are at or above four picocuries per liter, the board of 24 directors of the public school district and the authorities 25 in charge of each nonpublic school shall retain a person 26 credentialed to perform radon abatement measures pursuant to 27 section 136B.1 to develop an alternative radon mitigation plan 28 within ninety days of the annual test. The board of directors 29 of the public school district and the authorities in charge 30 of the nonpublic school shall implement the alternative radon 31 mitigation plan within one year of the annual test. 32 c. The board of directors of each public school district 33 and the authorities in charge of each nonpublic school shall 34 continue biennial radon testing at an attendance center 35 -5- LSB 1136SV (2) 85 je/sc 5/ 9

S.F. 366 until the results of annual radon testing at the attendance 1 center have been less than four picocuries per liter for four 2 consecutive years. 3 6. Radon testing pursuant to this section shall be conducted 4 by a person certified to conduct such testing pursuant to 5 section 136B.1 and shall be conducted as prescribed by the 6 department of public health. Radon mitigation plans and 7 alternative radon mitigation plans pursuant to this section 8 shall be developed and implemented as prescribed by the 9 department of public health. 10 7. The department of public health and the department of 11 education shall each adopt rules pursuant to chapter 17A to 12 jointly administer this section. 13 Sec. 10. Section 298.3, subsection 1, Code 2013, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . n. Radon testing and radon mitigation 16 pursuant to section 280.30. 17 Sec. 11. STATE MANDATE FUNDING SPECIFIED. In accordance 18 with section 25B.2, subsection 3, the state cost of requiring 19 compliance with any state mandate included in this Act shall 20 be paid by a school district from state school foundation 21 aid received by the school district under section 257.16, a 22 physical plant and equipment levy under section 298.2, or 23 modified allowable growth under section 257.31, subsection 6. 24 This specification of the payment of the state cost shall be 25 deemed to meet all of the state funding-related requirements of 26 section 25B.2, subsection 3, and no additional state funding 27 shall be necessary for the full implementation of this Act 28 by and enforcement of this Act against all affected school 29 districts. 30 EXPLANATION 31 This bill requires that the building code commissioner, 32 with the approval of the building code advisory council, adopt 33 requirements and standards for radon control in new residential 34 construction. The bill provides that the standards shall 35 -6- LSB 1136SV (2) 85 je/sc 6/ 9

S.F. 366 supersede and replace any minimum radon control requirements 1 and standards for new residential construction adopted by 2 governmental subdivisions in Iowa. The bill requires that the 3 requirements and standards be mandatory for all new residential 4 construction beginning on or after January 1, 2015. 5 Any person who fails to comply with an order to remedy 6 any condition in violation of the adopted requirements and 7 standards within 30 days after service or within the time 8 fixed for compliance, whichever is longer, shall be guilty of 9 a simple misdemeanor pursuant to Code section 103A.21. Any 10 owner, builder, architect, tenant, contractor, subcontractor, 11 construction superintendent or their agents, or any other 12 person taking part or assisting in the construction or use 13 of any building or structure who knowingly violates such 14 requirements and standards shall also be guilty of a simple 15 misdemeanor. A simple misdemeanor is punishable by confinement 16 for no more than 30 days or a fine of at least $65 but not more 17 than $625 or by both. 18 The bill creates a radon education fund to be administered by 19 the department of public health to be used by the department 20 to provide radon program education. The bill provides that 21 certain fees collected by the department be deposited into this 22 fund. 23 The bill requires the board of directors of each public 24 school district and the authorities in charge of each nonpublic 25 school to have a short-term test for radon gas performed at 26 each attendance center under its control at least once by 27 June 30, 2025, and at least once every 10 years thereafter, 28 and following new construction of an attendance center or 29 additions, renovations, or repairs to an attendance center. 30 If the results of such a test are at or above four picocuries 31 per liter, the bill requires the board of directors of the 32 public school district and the authorities in charge of the 33 nonpublic school to have a second short-term test performed at 34 the attendance center within 90 days. 35 -7- LSB 1136SV (2) 85 je/sc 7/ 9

S.F. 366 If the results of a second test are at or above four 1 picocuries per liter, the bill requires the board of directors 2 of the public school district and the authorities in charge of 3 the nonpublic school to retain a person credentialed to perform 4 radon abatement measures to develop a radon mitigation plan 5 within 90 days. The radon mitigation plan must be implemented 6 within one year. 7 If the results of a short-term test at an attendance center 8 at which a radon mitigation plan has been implemented are at or 9 above four picocuries per liter, the bill requires the board of 10 directors of the public school district and the authorities in 11 charge of the nonpublic school to retain a person credentialed 12 to perform radon abatement measures to develop an alternative 13 radon mitigation plan within 90 days. The alternative radon 14 mitigation plan must be implemented within one year. 15 The bill requires biennial, short-term radon testing for any 16 school site at which a radon mitigation plan or an alternative 17 radon mitigation plan has been implemented, which continues 18 until the results have been less than four picocuries per liter 19 for four consecutive years. 20 The bill defines “short-term test” as a test approved by 21 the department of public health in which a testing device 22 remains in an area for not less than two days and not more than 23 90 days to determine the amount of radon in the air that is 24 acceptable for human inhalation. Radon testing pursuant to the 25 bill must be conducted by a person certified to conduct such 26 testing and must be conducted as prescribed by the department 27 of public health. Radon mitigation plans and alternative radon 28 mitigation plans pursuant to the bill must be developed and 29 implemented as prescribed by the department of public health. 30 The bill requires the department of public health and 31 the department of education to each adopt rules to jointly 32 administer the provisions of the bill relating to radon testing 33 in schools. 34 The bill adds radon testing and radon mitigation pursuant to 35 -8- LSB 1136SV (2) 85 je/sc 8/ 9

S.F. 366 the bill to the list of permissible uses of a physical plant 1 and equipment levy by a school district. 2 The bill makes various changes to the purposes for which fees 3 collected by the department of public health relating to radon 4 testing can be used. 5 The bill strikes references to radon progeny in the Iowa 6 Code. 7 The bill may include a state mandate as defined in Code 8 section 25B.3. The bill requires that the state cost of 9 any state mandate included in the bill be paid by a school 10 district from state school foundation aid received by the 11 school district under Code section 257.16, a physical plant 12 and equipment levy under Code section 298.2 or modified 13 allowable growth under Code section 257.31, subsection 6. The 14 specification is deemed to constitute state compliance with 15 any state mandate funding-related requirements of Code section 16 25B.2. The inclusion of this specification is intended to 17 reinstate the requirement of political subdivisions to comply 18 with any state mandates included in the bill. 19 -9- LSB 1136SV (2) 85 je/sc 9/ 9