House File 420 - Introduced HOUSE FILE 420 BY R. TAYLOR and KOESTER A BILL FOR An Act to require radon testing and mitigation in public 1 schools. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2600YH (4) 87 je/jh
H.F. 420 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. 7 2. The board of directors of each public school district 8 shall establish a schedule for a short-term testing for radon 9 gas to be performed at each attendance center under its control 10 at least once by June 30, 2028, and at least once every ten 11 years thereafter, and following any new construction of an 12 attendance center or additions, renovations, or repairs to an 13 attendance center, unless otherwise provided by subsection 5. 14 3. If the results of a test at an attendance center are at 15 or above four picocuries per liter, the board of directors of 16 the public school district shall have a second short-term test 17 for radon gas and radon progeny performed at the attendance 18 center within ninety days of the first short-term test. 19 4. If the results of a second test at an attendance center 20 pursuant to subsection 3 are at or above four picocuries per 21 liter, the board of directors of the public school district 22 shall retain a person credentialed to perform radon abatement 23 measures pursuant to section 136B.1 to develop a radon 24 mitigation plan within ninety days of the second short-term 25 test. The board shall implement the radon mitigation plan 26 within one year of the second short-term test. 27 5. a. The board of directors of each public school district 28 shall have a short-term test for radon gas and radon progeny 29 performed every other year at any attendance center that has 30 implemented a radon mitigation plan pursuant to subsection 4 or 31 an alternative radon mitigation plan pursuant to paragraph “b” 32 of this subsection. 33 b. If the results of a biennial test at an attendance 34 center are at or above four picocuries per liter, the board of 35 -1- LSB 2600YH (4) 87 je/jh 1/ 4
H.F. 420 directors of the public school district shall retain a person 1 credentialed to perform radon abatement measures pursuant to 2 section 136B.1 to develop an alternative radon mitigation plan 3 within ninety days of the biennial test. The board shall 4 implement the alternative radon mitigation plan within one year 5 of the biennial test. 6 c. The board of directors of each public school district 7 shall continue biennial radon testing at an attendance center 8 until the results of biennial radon testing at the attendance 9 center have been less than four picocuries per liter for four 10 consecutive years. 11 6. Radon testing pursuant to this section shall be conducted 12 by a person certified to conduct such testing pursuant to 13 section 136B.1 and shall be conducted as prescribed by the 14 department of public health. Radon mitigation plans and 15 alternative radon mitigation plans pursuant to this section 16 shall be developed and implemented as prescribed by the 17 department of public health. 18 7. The department of public health and the department of 19 education shall each adopt rules to jointly administer this 20 section. 21 Sec. 2. Section 298.3, subsection 1, Code 2017, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . n. Radon testing and radon mitigation 24 pursuant to section 280.30. 25 Sec. 3. STATE MANDATE FUNDING SPECIFIED. In accordance 26 with section 25B.2, subsection 3, the state cost of requiring 27 compliance with any state mandate included in this Act shall 28 be paid by a school district from state school foundation aid 29 received by the school district under section 257.16. This 30 specification of the payment of the state cost shall be deemed 31 to meet all of the state funding-related requirements of 32 section 25B.2, subsection 3, and no additional state funding 33 shall be necessary for the full implementation of this Act 34 by and enforcement of this Act against all affected school 35 -2- LSB 2600YH (4) 87 je/jh 2/ 4
H.F. 420 districts. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill requires the board of directors of each public 5 school district to have a short-term test for radon gas 6 performed at each attendance center under its control at 7 least once by June 30, 2028, and at least once every 10 years 8 thereafter, and following new construction of an attendance 9 center or additions, renovations, or repairs to an attendance 10 center. If the results of such a test are at or above four 11 picocuries per liter, the bill requires the board to have a 12 second short-term test performed at the attendance center 13 within 90 days. 14 If the results of a second test are at or above four 15 picocuries per liter, the bill requires the board of directors 16 of the public school district to retain a person credentialed 17 to perform radon abatement measures to develop a radon 18 mitigation plan within 90 days. The radon mitigation plan must 19 be implemented within one year. 20 If the results of a short-term test at an attendance center 21 at which a radon mitigation plan has been implemented are at or 22 above four picocuries per liter, the bill requires the board 23 of directors of the public school district to retain a person 24 credentialed to perform radon abatement measures to develop 25 an alternative radon mitigation plan within 90 days. The 26 alternative radon mitigation plan must be implemented within 27 one year. 28 The bill requires biennial, short-term radon testing for any 29 school site at which a radon mitigation plan or an alternative 30 radon mitigation plan has been implemented, which continues 31 until the results have been less than four picocuries per liter 32 for four consecutive years. 33 The bill defines “short-term test” as a test approved by the 34 department of public health in which a testing device remains 35 -3- LSB 2600YH (4) 87 je/jh 3/ 4
H.F. 420 in an area for not less than two days and not more than 90 days 1 to determine the amount of radon in the air. Radon testing 2 pursuant to the bill must be conducted by a person certified 3 to conduct such testing and must be conducted as prescribed by 4 the department of public health. Radon mitigation plans and 5 alternative radon mitigation plans pursuant to the bill must 6 be developed and implemented as prescribed by the department 7 of public health. 8 The bill requires the department of public health and 9 the department of education to each adopt rules to jointly 10 administer the provisions of the bill relating to radon testing 11 in schools. 12 The bill adds radon testing and radon mitigation pursuant to 13 the bill to the list of permissible uses of a physical plant 14 and equipment levy by a school district. 15 The bill may include a state mandate as defined in Code 16 section 25B.3. The bill requires that the state cost of 17 any state mandate included in the bill be paid by a school 18 district from state school foundation aid received by the 19 school district under Code section 257.16. The specification 20 is deemed to constitute state compliance with any state mandate 21 funding-related requirements of Code section 25B.2. The 22 inclusion of this specification is intended to reinstate the 23 requirement of political subdivisions to comply with any state 24 mandates included in the bill. 25 -4- LSB 2600YH (4) 87 je/jh 4/ 4