H.F. 243 Section 1. NEW SECTION . 280.31 Radon testing and 1 mitigation. 2 1. For purposes of this section, “short-term test” means a 3 test using a device that remains in an area for two to seven 4 days to 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, 2026, 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, 2021, 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 approved programs. Testing shall be of the whole 20 building, based on best practices. 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 spaces with elevated results within sixty days of the first 26 test. 27 b. If the averaged results of the first and second tests 28 at an attendance center pursuant to paragraph “a” are at or 29 above four picocuries per liter, the board of directors of 30 the public school district shall retain or employ a person 31 credentialed pursuant to section 136B.1 to develop a radon 32 mitigation plan that may include further diagnostic testing, 33 corrective measures, and active mitigation. The board shall 34 complete the radon mitigation plan within two years of the 35 -1- LSB 2096YH (4) 89 js/ns 1/ 4

H.F. 243 first test. A district is not required to mitigate radon 1 at an attendance center if the district intends to abandon 2 the building within five years or has a plan to renovate the 3 attendance center within five years and the renovation will 4 include radon mitigation. 5 5. All new school construction shall incorporate radon 6 resistant construction techniques. 7 6. In consultation with appropriate stakeholders and the 8 department of education, the department of public health shall 9 adopt rules to administer this section. 10 Sec. 2. Section 298.3, subsection 1, Code 2021, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . n. Radon testing and radon mitigation 13 pursuant to section 280.31. 14 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code 15 2021, is amended to read as follows: 16 a. If the board of directors adopts a resolution to use 17 funds received under the operation of this chapter solely for 18 providing property tax relief by reducing indebtedness from the 19 levies specified under section 298.2 or 298.18 , or for radon 20 testing pursuant to section 280.31, the board of directors may 21 approve a revenue purpose statement for that purpose without 22 submitting the revenue purpose statement to a vote of the 23 electors. 24 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 25 with section 25B.2, subsection 3, the state cost of requiring 26 compliance with any state mandate included in this Act shall 27 be paid by a school district from state school foundation aid 28 received by the school district under section 257.16, revenues 29 from the physical plant and equipment levy under section 298.3, 30 or revenues from the secure an advanced vision for education 31 fund under section 423F.3. This specification of the payment 32 of the state cost shall be deemed to meet all of the state 33 funding-related requirements of section 25B.2, subsection 3, 34 and no additional state funding shall be necessary for the 35 -2- LSB 2096YH (4) 89 js/ns 2/ 4

H.F. 243 full implementation of this Act by and enforcement of this Act 1 against all affected school districts. 2 Sec. 5. APPLICABILITY. Section 423F.3, subsection 8, does 3 not apply to this Act. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to testing for radon at public schools. 8 The bill defines “short-term test” as a test using a device 9 that remains in an area for two to seven days to determine the 10 amount of radon in the air. The bill requires the board of 11 directors of each public school district to have a short-term 12 test for radon gas performed at each attendance center under 13 its control at least once by July 1, 2026, and at least once 14 every five years thereafter. Each school district shall 15 publish its most recent results on its internet site. Radon 16 testing pursuant to the bill conducted on and after July 1, 17 2021, must be performed by a person certified to conduct such 18 testing pursuant to Code section 136B.1 or by those district 19 employees trained in radon testing programs as approved by the 20 department of education and the department of 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 25 the tests 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 or 31 has a plan to renovate the attendance center within five years 32 and the renovation will include radon mitigation. However, the 33 bill requires all new school construction to incorporate radon 34 resistant construction techniques. 35 -3- LSB 2096YH (4) 89 js/ns 3/ 4

H.F. 243 The bill adds radon testing and radon mitigation pursuant 1 to the bill to the list of permissible uses of a physical 2 plant and equipment levy by a school district. The bill adds 3 radon testing conducted pursuant to the bill to the list of 4 permissible uses of revenues from the secure an advanced vision 5 for education fund 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 any 8 state mandate included in the bill be paid by a school district 9 from state school foundation aid received by the school 10 district under Code section 257.16, revenues from the physical 11 plant and equipment levy under Code section 298.3, or revenues 12 from the secure an advanced vision for education fund under 13 Code section 423F.3. The specification is deemed to constitute 14 state compliance with any state mandate funding-related 15 requirements of Code section 25B.2. The inclusion of this 16 specification is intended to reinstate the requirement of 17 political subdivisions to comply with any state mandates 18 included in the bill. 19 The bill makes inapplicable Code section 423F.3, subsection 20 8, which requires a bill that would alter the purposes for 21 which the revenues received under Code section 423F.3 may be 22 used from infrastructure and property tax relief purposes 23 to any other purpose to be approved by a vote of at least 24 two-thirds of the members of both chambers of the general 25 assembly. 26 -4- LSB 2096YH (4) 89 js/ns 4/ 4