H.F. 377 Section 1. Section 562A.15, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. a. A tenant may conduct a radon test 3 or hire a person certified in accordance with chapter 136B to 4 conduct a radon test in the dwelling unit. If the results 5 of the test show a radon level equal to or greater than four 6 picocuries per liter, the tenant shall provide the landlord a 7 written copy of those test results. 8 b. The landlord may have a confirmatory radon test conducted 9 by a person certified in accordance with chapter 136B and, 10 if applicable, shall provide the tenant a written copy of 11 those test results. If the confirmatory test result is 12 equal to or greater than four picocuries per liter, or if the 13 landlord chooses not to have a confirmatory test conducted, the 14 landlord shall have a radon mitigation system installed in the 15 dwelling unit by a person certified in accordance with chapter 16 136B. Once a radon mitigation system has been installed, the 17 landlord shall have the dwelling unit retested and the landlord 18 shall provide the tenant a written copy of those new test 19 results within ninety days from the day the tenant provided 20 notification of elevated radon levels to the landlord. 21 c. If, within the ninety-day period established in paragraph 22 “b” , the landlord fails to have a radon mitigation system 23 installed in accordance with chapter 136B after receiving 24 notice of elevated radon levels or if a radon mitigation system 25 is installed and radon test results remain equal to or greater 26 than four picocuries per liter, the tenant may terminate the 27 lease and the landlord shall return all prepaid rent and the 28 rental deposit and shall not impose any penalties against 29 the tenant. The tenant shall provide written notice to the 30 landlord of intent to terminate the lease. The termination 31 date may be effective immediately or on a later date agreed 32 to by the tenant and landlord to allow the tenant to obtain 33 alternative housing. 34 d. For purposes of this subsection, “radon mitigation 35 -1- LSB 2011YH (3) 91 ll/jh 1/ 2

H.F. 377 system” means a system designed to mitigate the presence 1 of radon in a building installed by a person certified in 2 accordance with chapter 136B. 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 concerns radon testing of rental properties. 7 The bill provides that a tenant may conduct a radon test or 8 hire a person certified in accordance with Code chapter 136B 9 to conduct a radon test. The tenant shall notify the landlord 10 of a test result equal to or greater than four picocuries per 11 liter, which is the United States environmental protection 12 agency’s action level for radon. The landlord may have a 13 confirmatory radon test conducted by a certified person and 14 must notify the tenant of those results. If a subsequent 15 test result is equal to or greater than four picocuries per 16 liter, or if the landlord chooses not to have a subsequent 17 test conducted by a certified person, the landlord shall have 18 a radon mitigation system installed. Once a radon mitigation 19 system has been installed in accordance with Code chapter 136B, 20 the rental property shall be retested and the new results shall 21 be given to the tenant within 90 days of the original notice. 22 The bill provides that if the landlord fails to have a radon 23 mitigation system installed or if a radon mitigation system is 24 installed and radon test results remain equal to or greater 25 than four picocuries per liter, the tenant may terminate the 26 lease and the landlord shall return all prepaid rent and the 27 rental deposit and shall not impose any penalties against 28 the tenant. The tenant shall provide written notice to the 29 landlord of intent to terminate the lease effective immediately 30 or on a date agreed to by the tenant and landlord to allow 31 alternative housing to be obtained by the tenant. The bill 32 defines “radon mitigation system” to mean a system designed to 33 mitigate the presence of radon in a building installed by a 34 person certified in accordance with Code chapter 136B. 35 -2- LSB 2011YH (3) 91 ll/jh 2/ 2