HF 327 (LSB 2293YH (4) 86)

HOUSE FILE 327

BY  STAED

A BILL FOR

An Act relating to short-term testing and retesting for radon gas at public school district attendance centers, making an appropriation, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  279.39A  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 provide for short-term testing and retesting for radon gas to be performed at each attendance center under its control and following any new construction of an attendance center or additions, renovations, or repairs to an attendance center. 
   3.  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 establishing standards for radon testing at attendance centers. Such standards shall include but are not limited to training requirements for persons to conduct such testing and best practices for conducting such testing.
    Sec. 2.  GENERAL FUND APPROPRIATION —— FY 2014-2015.
   1.  There is appropriated from the general fund of the state to the department of education for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, for purposes of providing reimbursement to public school districts that conduct radon testing or retesting pursuant to section 279.39A, as enacted in this Act:

.................................................. $  1,000,000

   2.  Notwithstanding section 8.33, unencumbered or unobligated moneys from the appropriation made in this section shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2018.
    Sec. 3.  REPORTING.
   1.  On or before January 15 of each year, the department of education shall report to the legislative services agency and the department of management the status of all testing authorized in this Act that is completed or in progress. The report shall include a description of the testing, the progress of work completed, the total estimated cost of the testing, a list of all revenue sources being used to fund the testing, the amount of funds expended, the amount of funds obligated, and the date the testing was completed or an estimated completion date of the testing, where applicable.
   2.  On or before December 31 of each year, a recipient of moneys appropriated in this Act shall report to the department of education the status of all testing completed or in progress. The report shall include a description of the testing, the progress of work completed, the total estimated cost of the testing, a list of all revenue sources being used to fund the testing, the amount of funds expended, the amount of funds obligated, and the date the testing was completed or an estimated completion date of the testing, where applicable.
    Sec. 4.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, one million dollars is specified as the state cost of requiring compliance with any state mandate included in this Act. This specification of the amount of the state cost shall be deemed to meet all the state funding-related requirements of section 25B.2, subsection 3, and no specific state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected political subdivisions.
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
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 provide for short-term testing and retesting for radon gas at each attendance center under its control. The rules relating to the testing are to be adopted by the departments of education and public health. The bill appropriates moneys to the department of education for providing reimbursement to public school districts that conduct radon testing or retesting. The bill includes reporting and reversion provisions.
   The bill may include a state mandate as defined in Code section 25B.3. The bill includes a specification of the amount of the state cost of any state mandate included in the bill. 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 takes effect upon enactment.