H.F. 349 Section 1. NEW SECTION . 280.31 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 short-term testing for radon gas 9 to be performed at each attendance center under its control 10 at least once by July 1, 2022, and at least once every five 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 14 5. If the building undergoes a major renovation of the 15 heating, ventilation, and air conditioning system or of the 16 building structure, the building will be tested prior to the 17 renovation and immediately upon completion of the renovation 18 and thereafter at a frequency of every five years if there are 19 no elevated levels, or every two years after mitigation for 20 elevated levels. 21 3. The board of directors of each public school district 22 shall submit the results of each radon test conducted at an 23 attendance center pursuant to this section to the department 24 of education on the annual basic education data survey report. 25 The department of education shall publish the submitted results 26 on the department’s internet site for public review and shall 27 provide the submitted results to the department of public 28 health. Each school district shall also publish the most 29 current results on the district’s internet site. 30 4. a. If the results of a test at an attendance center are 31 at or above four picocuries per liter, the board of directors 32 of the public school district shall have a second short-term 33 test for radon gas and radon decay products performed at the 34 attendance center within ninety days of the first short-term 35 -1- LSB 2221YH (3) 88 js/rn 1/ 6

H.F. 349 test. 1 b. If the results of a second test at an attendance center 2 pursuant to paragraph “a” of this subsection are at or above 3 four picocuries per liter, the board of directors of the 4 public school district shall retain a person credentialed to 5 perform radon abatement measures pursuant to section 136B.1 6 to develop a radon mitigation plan within ninety days of the 7 second short-term test. The board shall implement the radon 8 mitigation plan within one year of the second short-term test. 9 5. a. The board of directors of each public school district 10 shall have a short-term test for radon gas and radon decay 11 products performed every other year at any attendance center 12 that has implemented a radon mitigation plan pursuant to 13 subsection 4 or an alternative radon mitigation plan pursuant 14 to paragraph “b” of this subsection. 15 b. If the results of a biennial test at an attendance 16 center are at or above four picocuries per liter, the board of 17 directors of the public school district shall retain a person 18 credentialed to perform radon abatement measures pursuant to 19 section 136B.1 to develop an alternative radon mitigation plan 20 within ninety days of the biennial test. The board shall 21 implement the alternative radon mitigation plan within one year 22 of the biennial test. 23 c. The board of directors of each public school district 24 shall continue biennial radon testing at an attendance center 25 until the results of biennial radon testing at the attendance 26 center have been less than four picocuries per liter for four 27 consecutive years. 28 6. Radon testing pursuant to this section conducted on and 29 after July 1, 2022, shall be conducted as prescribed by the 30 department of public health by a person certified to conduct 31 such testing pursuant to section 136B.1, or by those district 32 employees trained in a radon testing protocol as approved by 33 the department of public health. The department of public 34 health shall maintain and make available to school districts a 35 -2- LSB 2221YH (3) 88 js/rn 2/ 6

H.F. 349 list of such certified persons. 1 7. a. The department of public health and the department 2 of education shall each adopt rules to jointly administer this 3 section. 4 b. In consultation with appropriate stakeholders, the 5 department of public health shall adopt rules pursuant to 6 chapter 17A establishing standards for radon testing at 7 attendance centers pursuant to this section by July 1, 2022. 8 Such standards shall include but are not limited to training 9 requirements for persons certified by the department to conduct 10 such testing and best practices for conducting such testing. 11 8. The department of education and the department of public 12 health shall approve standards for the design and construction 13 of school buildings that minimize radon entry and facilitate 14 any subsequent remediation activities. All new school 15 construction and school renovation projects that cost more 16 than five hundred thousand dollars will incorporate a radon 17 mitigation strategy. 18 Sec. 2. Section 298.3, subsection 1, Code 2019, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . n. Radon testing and radon mitigation 21 pursuant to section 280.31. 22 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code 23 2019, is amended to read as follows: 24 a. If the board of directors adopts a resolution to use 25 funds received under the operation of this chapter solely for 26 providing property tax relief by reducing indebtedness from the 27 levies specified under section 298.2 or 298.18 , or for radon 28 testing pursuant to section 280.31, the board of directors may 29 approve a revenue purpose statement for that purpose without 30 submitting the revenue purpose statement to a vote of the 31 electors. 32 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 33 with section 25B.2, subsection 3, the state cost of requiring 34 compliance with any state mandate included in this Act shall 35 -3- LSB 2221YH (3) 88 js/rn 3/ 6

H.F. 349 be paid by a school district from state school foundation aid 1 received by the school district under section 257.16. This 2 specification of the payment of the state cost shall be deemed 3 to meet all of the state funding-related requirements of 4 section 25B.2, subsection 3, and no additional state funding 5 shall be necessary for the full implementation of this Act 6 by and enforcement of this Act against all affected school 7 districts. 8 Sec. 5. APPLICABILITY. Section 423F.3, subsection 7, shall 9 not apply to this Act. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill requires the board of directors of each public 14 school district to have a short-term test for radon gas 15 performed at each attendance center under its control at least 16 once by July 1, 2022, and at least once every five years 17 thereafter, and following new construction of an attendance 18 center or additions, renovations, or repairs to an attendance 19 center. If the results of such a test are at or above four 20 picocuries per liter, the bill requires the board to have a 21 second short-term test performed at the attendance center 22 within 90 days. 23 If the results of a second test are at or above four 24 picocuries per liter, the bill requires the board of directors 25 of the public school district to retain a person credentialed 26 to perform radon abatement measures to develop a radon 27 mitigation plan within 90 days. The radon mitigation plan must 28 be implemented within one year. 29 If the results of a short-term test at an attendance center 30 at which a radon mitigation plan has been implemented are at or 31 above four picocuries per liter, the bill requires the board 32 of directors of the public school district to retain a person 33 credentialed to perform radon abatement measures to develop 34 an alternative radon mitigation plan within 90 days. The 35 -4- LSB 2221YH (3) 88 js/rn 4/ 6

H.F. 349 alternative radon mitigation plan must be implemented within 1 one year. 2 The bill requires biennial, short-term radon testing for any 3 school site at which a radon mitigation plan or an alternative 4 radon mitigation plan has been implemented, which continues 5 until the results have been less than four picocuries per liter 6 for four consecutive years. 7 The bill defines “short-term test” as a test approved by 8 the department of public health in which a testing device 9 remains in an area for not less than two days and not more than 10 90 days to determine the amount of radon in the air. Radon 11 testing pursuant to the bill conducted on and after July 1, 12 2022, must be performed by a person certified to conduct such 13 testing as prescribed by the department of public health. 14 Radon mitigation plans and alternative radon mitigation plans 15 pursuant to the bill must be developed and implemented as 16 prescribed by the department of public health. 17 The bill requires the board of directors of each public 18 school district to submit the results of each radon test 19 conducted at an attendance center pursuant to the bill to the 20 department of education on the annual basic educational data 21 survey (BEDS) report. The bill requires the department of 22 education to publish the submitted results on the department’s 23 internet site for public review and to provide the submitted 24 results to the department of public health. Each school 25 district shall also publish its most recent results on its 26 school district internet site. 27 The bill requires the department of public health and 28 the department of education to each adopt rules to jointly 29 administer the provisions of the bill relating to radon testing 30 in schools. The bill also requires the department of public 31 health and the department of education to approve standards for 32 the design and construction of school buildings to reduce radon 33 entry and facilitate radon remediation. 34 The bill adds radon testing and radon mitigation pursuant 35 -5- LSB 2221YH (3) 88 js/rn 5/ 6

H.F. 349 to the bill to the list of permissible uses of a physical 1 plant and equipment levy by a school district. The bill adds 2 radon testing conducted pursuant to the bill to the list of 3 permissible uses of a physical plant and equipment levy or 4 revenues from the secure an advanced vision for education fund 5 under Code section 423F.3. 6 The bill may include a state mandate as defined in Code 7 section 25B.3. The bill requires that the state cost of 8 any state mandate included in the bill be paid by a school 9 district from state school foundation aid received by the 10 school district under Code section 257.16. The specification 11 is deemed to constitute state compliance with any state mandate 12 funding-related requirements of Code section 25B.2. The 13 inclusion of this specification is intended to reinstate the 14 requirement of political subdivisions to comply with any state 15 mandates included in the bill. 16 The bill makes inapplicable Code section 423F.3, subsection 17 7, which requires a bill that would alter the purposes for 18 which the revenues received under Code section 423F.3 may be 19 used from infrastructure and property tax relief purposes 20 to any other purpose to be approved by a vote of at least 21 two-thirds of the members of both chambers of the general 22 assembly. 23 -6- LSB 2221YH (3) 88 js/rn 6/ 6