SF 366 (LSB 1136SV (2) 85)

SENATE FILE 366

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SF 49)

A BILL FOR

An Act relating to radon control and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  103A.8D  Residential construction requirements and standards for radon control.
   The state building code commissioner shall adopt as a part of the state building code construction requirements and standards for radon control in new residential construction. The requirements and standards adopted by the commissioner shall be based upon the radon control method requirements of the international code council’s most recent international residential code. Notwithstanding any other provision of this chapter to the contrary, the construction requirements and standards for radon control adopted by the commissioner and approved by the council shall apply to new residential construction commenced on or after January 1, 2015, and shall supersede and replace any minimum requirements and standards for radon control in new residential construction adopted or enacted by a governmental subdivision prior to that date. The state building code commissioner may provide training to builders, contractors, and other interested persons on the construction requirements and standards for radon control in residential construction. A builder of a residence for resale shall not be liable for any claims related to radon control standards or requirements after the conveyance of the residence.
    Sec. 2.  Section 103A.10, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Notwithstanding any other provision of this chapter to the contrary, the construction requirements and standards for radon control in new residential construction adopted by the commissioner and approved by the council shall apply to all new residential construction commenced on or after January 1, 2015, and shall supersede and replace any minimum requirements or standards for radon control in new residential construction adopted or enacted by the governmental subdivision prior to that date. A builder of a residence for resale shall not be liable for any claims related to radon control standards or requirements after the conveyance of the residence.
    Sec. 3.  Section 136B.1, subsections 2 and 3, Code 2013, are amended to read as follows:
   2.  The department shall establish programs and adopt rules for the certification of persons who test for the presence of radon gas and radon progeny in buildings, the credentialing of persons abating the level of radon in buildings, and standards for radon abatement systems.
   3.  Following the establishment of the certification and credentialing programs by the department, a person who is not certified, as appropriate, shall not test for the presence of radon gas and radon progeny, and a person who is not credentialed, as required, shall not perform abatement measures. This section does not apply to a person performing the testing or abatement on a building which the person owns, or to a person performing testing or abatement without compensation.
    Sec. 4.  Section 136B.2, subsection 1, paragraph b, Code 2013, is amended to read as follows:
   b.  A
 
Except as otherwise provided in section 558A.4, subsection 1, and section 562A.13, subsection 7, a person shall not disclose to any other person, except to the department, the address or owner of a nonpublic building that the person tested for the presence of radon gas and radon progeny, unless the owner of the building waives, in writing, this right of confidentiality. Any test results disclosed shall be results of a test performed within the five years prior to the date of the disclosure.
    Sec. 5.  Section 136B.2, subsection 2, Code 2013, is amended to read as follows:
   2.
  a.  Notwithstanding the requirements of this section, disclosure to any person of the results of a test performed on a nonpublic building for the presence of radon gas and radon progeny is not required if the results do not exceed the currently established United States environmental protection agency action guidelines, except as otherwise provided in section 558A.4, subsection 1, and section 562A.13, subsection 7.
   b.  A
 
Except as otherwise provided in section 558A.4, subsection 1, and section 562A.13, subsection 7, a person who tests a nonpublic building which the person owns is not required to disclose to any person the results of a test for the presence of radon gas or progeny if the test is performed by the person who owns the nonpublic building.
    Sec. 6.  Section 136B.3, Code 2013, is amended to read as follows:
   136B.3  Testing and reporting of radon level.
   The department or its duly authorized agents shall from time to time perform inspections and testing of the premises of a property to determine the level at which it is contaminated with radon gas or radon progeny as a spot-check of the validity of measurements or the adequacy of abatement measures performed by persons certified or credentialed under section 136B.1. Following testing the department shall provide the owner of the property with a written report of its results including the concentration of radon gas or radon progeny contamination present, an interpretation of the results, and recommendation of appropriate action. A person certified or credentialed under section 136B.1 shall also be advised of the department’s results, discrepancies revealed by the spot-check, actions required of the person, and actions the department intends to take with respect to the person’s continued certification or credentialing.
    Sec. 7.  Section 136B.4, Code 2013, is amended to read as follows:
   136B.4  Fees —— rules.
   1.  The department shall establish a fee schedule to defray the costs of
 
and collect fees for the certification and credentialing programs established pursuant to section 136B.1 and the testing conducted and the written reports provided pursuant to section 136B.3.

The fees collected may be used for educational purposes to promote awareness of and testing for radon.
   2.  Fees collected pursuant to this section shall be retained by the department, shall be considered repayment receipts as defined in section 8.2, and shall be used for the purposes described in this section, including but not limited to the addition of full-time equivalent positions for program services and investigations.
   3.  The department shall adopt rules, pursuant to chapter 17A, to implement this chapter.
    Sec. 8.  NEW SECTION.  136B.7  Radon education fund.
   1.  A radon education fund is created in the state treasury to be administered by the department of public health. The fund shall consist of all moneys deposited into the fund pursuant to section 136B.4.
   2.  Moneys in the fund shall be used by the department to provide radon program education.
   3.  Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
    Sec. 9.  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 that is acceptable for human inhalation.
   2.  The board of directors of each public school district and the authorities in charge of each nonpublic school 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, 2025, 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 or the authorities in charge of the nonpublic school 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 and the authorities in charge of the nonpublic school 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 of directors of the public school district and the authorities in charge of the nonpublic school 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 and the authorities in charge of each nonpublic school 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 and the authorities in charge of each nonpublic school 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 annual test. The board of directors of the public school district and the authorities in charge of the nonpublic school shall implement the alternative radon mitigation plan within one year of the annual test.
   c.  The board of directors of each public school district and the authorities in charge of each nonpublic school shall continue biennial radon testing at an attendance center until the results of annual 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 pursuant to chapter 17A to jointly administer this section. 
    Sec. 10.  Section 298.3, subsection 1, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  n.  Radon testing and radon mitigation pursuant to section 280.30.
    Sec. 11.  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, a physical plant and equipment levy under section 298.2, or modified allowable growth under section 257.31, subsection 6. 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
   This bill requires that the building code commissioner, with the approval of the building code advisory council, adopt requirements and standards for radon control in new residential construction. The bill provides that the standards shall supersede and replace any minimum radon control requirements and standards for new residential construction adopted by governmental subdivisions in Iowa. The bill requires that the requirements and standards be mandatory for all new residential construction beginning on or after January 1, 2015.
   Any person who fails to comply with an order to remedy any condition in violation of the adopted requirements and standards within 30 days after service or within the time fixed for compliance, whichever is longer, shall be guilty of a simple misdemeanor pursuant to Code section 103A.21. Any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building or structure who knowingly violates such requirements and standards shall also be guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.
   The bill creates a radon education fund to be administered by the department of public health to be used by the department to provide radon program education. The bill provides that certain fees collected by the department be deposited into this fund. 
   The bill requires the board of directors of each public school district and the authorities in charge of each nonpublic school to have a short-term test for radon gas performed at each attendance center under its control at least once by June 30, 2025, 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 of directors of the public school district and the authorities in charge of the nonpublic school 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 and the authorities in charge of the nonpublic school 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 and the authorities in charge of the nonpublic school 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 that is acceptable for human inhalation. 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 makes various changes to the purposes for which fees collected by the department of public health relating to radon testing can be used.
   The bill strikes references to radon progeny in the Iowa Code.
   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, a physical plant and equipment levy under Code section 298.2 or modified allowable growth under Code section 257.31, subsection 6. 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.