S.F. 49 Section 1. NEW SECTION . 280.30 Radon testing and 1 mitigation. 2 1. For purposes of this section, “short-term test” means 3 a test approved by the department of public health in which a 4 testing device remains in an area for not less than two days 5 and not more than ninety days to determine the amount of radon 6 in the air that is acceptable for human inhalation. 7 2. The board of directors of each public school district and 8 the authorities in charge of each nonpublic school shall have 9 a short-term test for radon gas and radon progeny performed 10 at each school site under its control at least once every two 11 years, unless otherwise provided by subsection 5. 12 3. If the results of a test at a school site are at or above 13 four picocuries per liter, the board of directors of the public 14 school district or the authorities in charge of the nonpublic 15 school shall have a second short-term test for radon gas and 16 radon progeny performed at the school site within ninety days 17 of the first short-term test. 18 4. If the results of a second test at a school site pursuant 19 to subsection 3 are at or above four picocuries per liter, 20 the board of directors of the public school district and the 21 authorities in charge of the nonpublic school shall retain 22 a person credentialed to perform radon abatement measures 23 pursuant to section 136B.1 to develop a radon mitigation plan 24 within ninety days of the second short-term test. The board 25 of directors of the public school district and the authorities 26 in charge of the nonpublic school shall implement the radon 27 mitigation plan within one hundred eighty days of the second 28 short-term test. 29 5. a. The board of directors of each public school 30 district and the authorities in charge of each nonpublic school 31 shall have a short-term test for radon gas and radon progeny 32 performed each year at any school site that has implemented 33 a radon mitigation plan pursuant to subsection 4 or an 34 alternative radon mitigation plan pursuant to paragraph “b” of 35 -1- LSB 1136XS (2) 85 je/sc 1/ 4

S.F. 49 this subsection. 1 b. If the results of an annual test at a school site are 2 at or above four picocuries per liter, the board of directors 3 of the public school district and the authorities in charge of 4 each nonpublic school shall retain a person credentialed to 5 perform radon abatement measures pursuant to section 136B.1 6 to develop an alternative radon mitigation plan within ninety 7 days of the annual test. The board of directors of the public 8 school district and the authorities in charge of the nonpublic 9 school shall implement the alternative radon mitigation plan 10 within one hundred eighty days of the annual test. 11 c. The board of directors of each public school district 12 and the authorities in charge of each nonpublic school shall 13 continue annual radon resting at a school site until the 14 results of annual radon testing at the school site have been 15 less than four picocuries per liter for four consecutive years. 16 6. Radon testing pursuant to this section shall be conducted 17 by a person certified to conduct such testing pursuant to 18 section 136B.1 and shall be conducted as prescribed by the 19 department of public health. Radon mitigation plans and 20 alternative radon mitigation plans pursuant to this section 21 shall be developed and implemented as prescribed by the 22 department of public health. 23 7. The department of public health and the department of 24 education shall each adopt rules pursuant to chapter 17A to 25 jointly administer this section. 26 Sec. 2. Section 298.3, subsection 1, Code 2013, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . n. Radon testing and radon mitigation 29 pursuant to section 280.30. 30 Sec. 3. STATE MANDATE FUNDING SPECIFIED. In accordance 31 with section 25B.2, subsection 3, the state cost of requiring 32 compliance with any state mandate included in this Act shall be 33 paid by a school district from a physical plant and equipment 34 levy under section 298.2 or modified allowable growth under 35 -2- LSB 1136XS (2) 85 je/sc 2/ 4

S.F. 49 section 257.31, subsection 6. This specification of the 1 payment of the state cost shall be deemed to meet all of the 2 state funding-related requirements of section 25B.2, subsection 3 3, and no additional state funding shall be necessary for the 4 full implementation of this Act by and enforcement of this Act 5 against all affected school districts. 6 EXPLANATION 7 This bill requires the board of directors of each public 8 school district and the authorities in charge of each nonpublic 9 school to have a short-term test for radon gas and radon 10 progeny performed at each school site under its control at 11 least once every two years. If the results of such a test 12 are at or above four picocuries per liter, the bill requires 13 the board of directors of the public school district and the 14 authorities in charge of the nonpublic school to have a second 15 short-term test performed at the school site within 90 days. 16 If the results of a second test are at or above four 17 picocuries per liter, the bill requires the board of directors 18 of the public school district and the authorities in charge of 19 the nonpublic school to retain a person credentialed to perform 20 radon abatement measures to develop a radon mitigation plan 21 within 90 days. The radon mitigation plan must be implemented 22 within 180 days. 23 If the results of a short-term test at a school site at 24 which a radon mitigation plan has been implemented are at or 25 above four picocuries per liter, the bill requires the board of 26 directors of the public school district and the authorities in 27 charge of the nonpublic school to retain a person credentialed 28 to perform radon abatement measures to develop an alternative 29 radon mitigation plan within 90 days. The alternative radon 30 mitigation plan must be implemented within 180 days. 31 The bill requires annual, instead of biennial, short-term 32 radon testing for any school site at which a radon mitigation 33 plan or an alternative radon mitigation plan has been 34 implemented. Annual testing at a school site continues until 35 -3- LSB 1136XS (2) 85 je/sc 3/ 4

S.F. 49 the results have been less than four picocuries per liter for 1 four consecutive years. 2 The bill defines “short-term test” as a test approved by 3 the department of public health in which a testing device 4 remains in an area for not less than two days and not more than 5 90 days to determine the amount of radon in the air that is 6 acceptable for human inhalation. Radon testing pursuant to the 7 bill must be conducted by a person certified to conduct such 8 testing and must be conducted as prescribed by the department 9 of public health. Radon mitigation plans and alternative radon 10 mitigation plans pursuant to the bill must be developed and 11 implemented as prescribed by the department of public health. 12 The bill requires the department of public health and 13 the department of education to each adopt rules to jointly 14 administer the bill. 15 The bill adds radon testing and radon mitigation pursuant to 16 the bill to the list of permissible uses of a physical plant 17 and equipment levy by a school district. 18 The bill may include a state mandate as defined in Code 19 section 25B.3. The bill requires that the state cost of any 20 state mandate included in the bill be paid by a school district 21 from a physical plant and equipment levy under Code section 22 298.2 or modified allowable growth under Code section 257.31, 23 subsection 6. The specification is deemed to constitute state 24 compliance with any state mandate funding-related requirements 25 of Code section 25B.2. The inclusion of this specification is 26 intended to reinstate the requirement of political subdivisions 27 to comply with any state mandates included in the bill. 28 -4- LSB 1136XS (2) 85 je/sc 4/ 4