Senate File 7 - Introduced SENATE FILE 7 BY QUIRMBACH A BILL FOR An Act requiring radon testing in public schools and including 1 applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1514XS (3) 87 je/sc
S.F. 7 Section 1. NEW SECTION . 280.30 Radon testing. 1 1. For purposes of this section, “short-term test” means 2 a test approved by the department of public health in which a 3 testing device remains in an area for not less than two days 4 and not more than ninety days to determine the amount of radon 5 in the air that is acceptable for human inhalation. 6 2. The board of directors of each public school district 7 shall establish a schedule for a short-term testing for radon 8 gas to be performed at each attendance center under its control 9 at least once by June 30, 2019, and at least once every ten 10 years thereafter, and following any new construction of an 11 attendance center or additions, renovations, or repairs to an 12 attendance center. 13 3. The board of directors of each public school district 14 shall submit the results of each radon test conducted at an 15 attendance center pursuant to this section to the department 16 of public health within five days. The department of public 17 health shall publish the submitted results on the department’s 18 internet site for public review and shall provide the submitted 19 results to the department of education. 20 4. Radon testing pursuant to this section conducted on and 21 after July 1, 2019, shall be conducted as prescribed by the 22 department of public health and shall be conducted by a person 23 certified to conduct such testing pursuant to section 136B.1. 24 The department of public health shall maintain and make 25 available to school districts a list of such certified persons. 26 5. a. The department of public health and the department 27 of education shall each adopt rules pursuant to chapter 17A to 28 jointly administer this section. 29 b. In consultation with appropriate stakeholders, the 30 department of public health shall adopt rules pursuant to 31 chapter 17A establishing standards for radon testing at 32 attendance centers pursuant to this section by July 1, 2019. 33 Such standards shall include but are not limited to training 34 requirements for persons certified by the department to conduct 35 -1- LSB 1514XS (3) 87 je/sc 1/ 4
S.F. 7 such testing and best practices for conducting such testing. 1 Sec. 2. Section 298.3, subsection 1, Code 2017, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . n. Radon testing pursuant to section 280.30. 4 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code 5 2017, is amended to read as follows: 6 a. If the board of directors adopts a resolution to use 7 funds received under the operation of this chapter solely for 8 providing property tax relief by reducing indebtedness from the 9 levies specified under section 298.2 or 298.18 , or for radon 10 testing pursuant to section 280.30, the board of directors may 11 approve a revenue purpose statement for that purpose without 12 submitting the revenue purpose statement to a vote of the 13 electors. 14 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 15 with section 25B.2, subsection 3, the state cost of requiring 16 compliance with any state mandate included in this Act shall 17 be paid by a school district from state school foundation aid 18 received by the school district under section 257.16. This 19 specification of the payment of the state cost shall be deemed 20 to meet all of the state funding-related requirements of 21 section 25B.2, subsection 3, and no additional state funding 22 shall be necessary for the full implementation of this Act 23 by and enforcement of this Act against all affected school 24 districts. 25 Sec. 5. APPLICABILITY. Section 423F.3, subsection 7, shall 26 not apply to this Act. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill requires the board of directors of each public 31 school district to have a short-term test for radon gas 32 performed at each attendance center under its control at 33 least once by June 30, 2019, and at least once every 10 years 34 thereafter, and following new construction of an attendance 35 -2- LSB 1514XS (3) 87 je/sc 2/ 4
S.F. 7 center or additions, renovations, or repairs to an attendance 1 center. 2 The bill requires the board of directors of each public 3 school district to submit the results of each radon test 4 conducted at an attendance center pursuant to the bill to 5 the department of public health within five days. The bill 6 requires the department of public health to publish the 7 submitted results on the department’s internet site for public 8 review and to provide the submitted results to the department 9 of education. 10 Radon testing pursuant to the bill conducted on and after 11 July 1, 2019, must be conducted as prescribed by the department 12 of public health and must be conducted by a person certified 13 to conduct such testing pursuant to Code section 136B.1. The 14 department of public health must maintain and make available to 15 school districts a list of such certified persons. 16 The bill requires the department of public health and 17 the department of education to each adopt administrative 18 rules to jointly administer the bill. The bill requires the 19 department of public health, in consultation with appropriate 20 stakeholders, to adopt administrative rules establishing 21 standards for radon testing at attendance centers pursuant to 22 the bill by July 1, 2019. 23 The bill defines “short-term test” as a test approved by the 24 department of public health in which a testing device remains 25 in an area for not less than two days and not more than 90 days 26 to determine the amount of radon in the air that is acceptable 27 for human inhalation. 28 The bill adds radon testing conducted pursuant to the 29 bill to the list of permissible uses of a physical plant and 30 equipment levy or revenues from the secure an advanced vision 31 for education fund under Code section 423F.3. 32 The bill may include a state mandate as defined in Code 33 section 25B.3. The bill requires that the state cost of 34 any state mandate included in the bill be paid by a school 35 -3- LSB 1514XS (3) 87 je/sc 3/ 4
S.F. 7 district from state school foundation aid received by the 1 school district under Code section 257.16. The specification 2 is deemed to constitute state compliance with any state mandate 3 funding-related requirements of Code section 25B.2. The 4 inclusion of this specification is intended to reinstate the 5 requirement of political subdivisions to comply with any state 6 mandates included in the bill. 7 The bill makes inapplicable Code section 423F.3, subsection 8 7, which requires a bill that would alter the purposes for 9 which the revenues received under Code section 423F.3 may be 10 used from infrastructure and property tax relief purposes 11 to any other purpose to be approved by a vote of at least 12 two-thirds of the members of both chambers of the general 13 assembly. 14 -4- LSB 1514XS (3) 87 je/sc 4/ 4