House
File
755
-
Introduced
HOUSE
FILE
755
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HF
673)
(SUCCESSOR
TO
HF
349)
A
BILL
FOR
An
Act
to
require
radon
testing
and
mitigation
in
public
1
schools
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
280.31
Radon
testing
and
1
mitigation.
2
1.
For
purposes
of
this
section,
“short-term
test”
means
a
3
testing
device
that
remains
in
an
area
for
two
to
seven
days
to
4
determine
the
amount
of
radon
in
the
air.
5
2.
The
board
of
directors
of
each
public
school
district
6
shall
establish
a
radon
plan
and
schedule
for
short-term
7
tests
for
radon
gas
to
be
performed
at
each
attendance
center
8
under
its
control
at
least
once
by
July
1,
2024,
and
at
least
9
once
every
five
years
thereafter.
Each
school
district
shall
10
publish
testing
results
on
the
district’s
internet
site
in
a
11
timely
manner.
12
3.
Radon
testing
pursuant
to
this
section
conducted
on
and
13
after
July
1,
2019,
shall
be
conducted
by
a
person
certified
14
to
conduct
such
testing
pursuant
to
section
136B.1
or
by
those
15
district
employees
trained
in
a
radon
testing
program
as
16
approved
by
the
department
of
education
and
the
department
of
17
public
health.
The
department
of
public
health
shall
maintain
18
and
make
available
to
school
districts
a
list
of
such
certified
19
persons
and
programs.
Testing
shall
be
of
the
whole
building
20
on
a
best
practices
basis.
21
4.
a.
If
the
results
of
a
short-term
test
at
an
attendance
22
center
are
at
or
above
four
picocuries
per
liter,
the
board
of
23
directors
of
the
public
school
district
shall
conduct
a
second
24
short-term
test
for
radon
gas
and
radon
decay
products
in
the
25
applicable
spaces
within
sixty
days
of
the
first
test.
26
b.
If
the
averaged
results
of
the
first
and
second
27
tests
at
an
attendance
center
pursuant
to
paragraph
“a”
of
28
this
subsection
are
at
or
above
four
picocuries
per
liter,
29
the
board
of
directors
of
the
public
school
district
shall
30
retain
or
employ
a
person
credentialed
pursuant
to
section
31
136B.1
to
develop
a
radon
mitigation
plan
that
may
include
32
further
diagnostic
testing,
corrective
measures,
and
active
33
mitigation.
The
board
shall
complete
the
radon
mitigation
34
plan
within
two
years
of
the
first
test.
A
district
is
not
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755
required
to
mitigate
an
attendance
center
if
the
district
1
intends
to
abandon
the
building
within
five
years
or
has
a
plan
2
to
renovate
the
attendance
center
within
five
years
and
the
3
renovation
will
include
mitigation.
4
5.
All
new
school
construction
shall
incorporate
radon
5
resistant
construction
techniques.
6
6.
In
consultation
with
appropriate
stakeholders,
the
7
department
of
public
health
and
the
department
of
education
8
shall
each
adopt
rules
to
jointly
administer
this
section.
9
Sec.
2.
Section
298.3,
subsection
1,
Code
2019,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
n.
Radon
testing
and
radon
mitigation
12
pursuant
to
section
280.31.
13
Sec.
3.
Section
423F.3,
subsection
3,
paragraph
a,
Code
14
2019,
is
amended
to
read
as
follows:
15
a.
If
the
board
of
directors
adopts
a
resolution
to
use
16
funds
received
under
the
operation
of
this
chapter
solely
for
17
providing
property
tax
relief
by
reducing
indebtedness
from
the
18
levies
specified
under
section
298.2
or
298.18
,
or
for
radon
19
testing
pursuant
to
section
280.31,
the
board
of
directors
may
20
approve
a
revenue
purpose
statement
for
that
purpose
without
21
submitting
the
revenue
purpose
statement
to
a
vote
of
the
22
electors.
23
Sec.
4.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
24
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
25
compliance
with
any
state
mandate
included
in
this
Act
shall
26
be
paid
by
a
school
district
from
state
school
foundation
aid
27
received
by
the
school
district
under
section
257.16,
revenues
28
from
the
physical
plant
and
equipment
levy
under
section
298.3,
29
or
revenues
from
the
secure
on
advanced
vision
for
education
30
fund
under
section
423F.3.
This
specification
of
the
payment
31
of
the
state
cost
shall
be
deemed
to
meet
all
of
the
state
32
funding-related
requirements
of
section
25B.2,
subsection
3,
33
and
no
additional
state
funding
shall
be
necessary
for
the
34
full
implementation
of
this
Act
by
and
enforcement
of
this
Act
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against
all
affected
school
districts.
1
Sec.
5.
APPLICABILITY.
Section
423F.3,
subsection
7,
shall
2
not
apply
to
this
Act.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
testing
for
radon
at
public
schools.
7
The
bill
defines
“short-term
test”
as
a
testing
device
that
8
remains
in
an
area
for
two
to
seven
days
to
determine
the
9
amount
of
radon
in
the
air.
The
bill
requires
the
board
of
10
directors
of
each
public
school
district
to
have
a
short-term
11
test
for
radon
gas
performed
at
each
attendance
center
under
12
its
control
at
least
once
by
July
1,
2024,
and
at
least
once
13
every
five
years
thereafter.
Each
school
district
shall
14
publish
its
most
recent
results
on
its
school
district
internet
15
site.
Radon
testing
pursuant
to
the
bill
conducted
on
and
16
after
July
1,
2019,
must
be
performed
by
a
person
certified
17
to
conduct
such
testing
pursuant
to
Code
section
136B.1
or
by
18
those
district
employees
trained
in
radon
testing
programs
as
19
approved
by
the
department
of
education
and
the
department
of
20
public
health.
21
If
the
results
of
a
short-term
test
are
at
or
above
four
22
picocuries
per
liter,
the
bill
requires
the
board
to
have
a
23
second
short-term
test
performed
at
the
attendance
center
24
within
60
days
of
the
first
test.
If
the
averaged
results
of
a
25
second
test
are
at
or
above
four
picocuries
per
liter,
the
bill
26
requires
the
board
to
retain
or
employ
a
person
credentialed
27
to
develop
a
radon
mitigation
plan.
The
radon
mitigation
plan
28
must
be
completed
within
two
years
of
the
first
test.
Radon
29
mitigation
is
not
required
at
an
attendance
center
if
the
30
district
intends
to
abandon
the
building
within
five
years
31
or
has
a
plan
to
renovate
the
attendance
center
within
five
32
years
and
the
renovation
will
include
mitigation.
However,
the
33
bill
requires
all
new
school
construction
to
incorporate
radon
34
resistant
construction
techniques.
35
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The
bill
requires
the
department
of
public
health
and
1
the
department
of
education
to
each
adopt
rules
to
jointly
2
administer
the
provisions
of
the
bill
relating
to
radon
testing
3
in
schools.
4
The
bill
adds
radon
testing
and
radon
mitigation
pursuant
5
to
the
bill
to
the
list
of
permissible
uses
of
a
physical
6
plant
and
equipment
levy
by
a
school
district.
The
bill
adds
7
radon
testing
conducted
pursuant
to
the
bill
to
the
list
of
8
permissible
uses
of
revenues
from
the
secure
an
advanced
vision
9
for
education
fund
under
Code
section
423F.3.
10
The
bill
may
include
a
state
mandate
as
defined
in
Code
11
section
25B.3.
The
bill
requires
that
the
state
cost
of
any
12
state
mandate
included
in
the
bill
be
paid
by
a
school
district
13
from
state
school
foundation
aid
received
by
the
school
14
district
under
Code
section
257.16,
revenues
from
the
physical
15
plant
and
equipment
levy
under
Code
section
298.3,
or
revenues
16
from
the
secure
an
advanced
vision
for
education
fund
under
17
Code
section
423F.3.
The
specification
is
deemed
to
constitute
18
state
compliance
with
any
state
mandate
funding-related
19
requirements
of
Code
section
25B.2.
The
inclusion
of
this
20
specification
is
intended
to
reinstate
the
requirement
of
21
political
subdivisions
to
comply
with
any
state
mandates
22
included
in
the
bill.
23
The
bill
makes
inapplicable
Code
section
423F.3,
subsection
24
7,
which
requires
a
bill
that
would
alter
the
purposes
for
25
which
the
revenues
received
under
Code
section
423F.3
may
be
26
used
from
infrastructure
and
property
tax
relief
purposes
27
to
any
other
purpose
to
be
approved
by
a
vote
of
at
least
28
two-thirds
of
the
members
of
both
chambers
of
the
general
29
assembly.
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