S.F. 366 Section 1. NEW SECTION . 103A.8D Residential construction 1 requirements and standards for radon control. 2 The state building code commissioner shall adopt as a part of 3 the state building code construction requirements and standards 4 for radon control in new residential construction. The 5 requirements and standards adopted by the commissioner shall 6 be based upon the radon control method requirements of the 7 international residential code published by the international 8 code council, 2009 edition, appendix F. Notwithstanding 9 any other provision of this chapter to the contrary, the 10 construction requirements and standards for radon control 11 adopted by the commissioner and approved by the council shall 12 apply to new residential construction commenced on or after 13 January 1, 2015, and shall supersede and replace any minimum 14 requirements and standards for radon control in new residential 15 construction adopted or enacted by a governmental subdivision 16 prior to that date. The state building code commissioner may 17 provide training to builders, contractors, and other interested 18 persons on the construction requirements and standards for 19 radon control in residential construction. A builder of a 20 residence for resale shall install a passive radon mitigation 21 system in the residence and shall notify the buyer of the 22 residence that radon testing can be obtained for the residence. 23 A builder of a residence for resale shall not represent to the 24 buyer of the residence that a passive radon mitigation system 25 will remediate the presence of radon. 26 Sec. 2. Section 103A.10, Code 2013, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 6. Notwithstanding any other provision of 29 this chapter to the contrary, the construction requirements and 30 standards for radon control in new residential construction 31 adopted by the commissioner and approved by the council shall 32 apply to all new residential construction commenced on or after 33 January 1, 2015, and shall supersede and replace any minimum 34 requirements or standards for radon control in new residential 35 -1- SF 366 (3) 85 je/sc/jh 1/ 6

S.F. 366 construction adopted or enacted by the governmental subdivision 1 prior to that date. A builder of a residence for resale shall 2 not be liable for any claims related to radon control standards 3 or requirements after the conveyance of the residence. 4 Sec. 3. Section 136B.1, subsections 2 and 3, Code 2013, are 5 amended to read as follows: 6 2. The department shall establish programs and adopt rules 7 for the certification of persons who test for the presence of 8 radon gas and radon progeny in buildings, the credentialing of 9 persons abating the level of radon in buildings, and standards 10 for radon abatement systems. 11 3. Following the establishment of the certification 12 and credentialing programs by the department, a person who 13 is not certified, as appropriate, shall not test for the 14 presence of radon gas and radon progeny , and a person who is 15 not credentialed, as required, shall not perform abatement 16 measures. This section does not apply to a person performing 17 the testing or abatement on a building which the person 18 owns, or to a person performing testing or abatement without 19 compensation. 20 Sec. 4. Section 136B.2, subsection 1, paragraph b, Code 21 2013, is amended to read as follows: 22 b. A person shall not disclose to any other person, except 23 to the department, the address or owner of a nonpublic building 24 that the person tested for the presence of radon gas and radon 25 progeny , unless the owner of the building waives, in writing, 26 this right of confidentiality. Any test results disclosed 27 shall be results of a test performed within the five years 28 prior to the date of the disclosure. 29 Sec. 5. Section 136B.2, subsection 2, Code 2013, is amended 30 to read as follows: 31 2. a. Notwithstanding the requirements of this section , 32 disclosure to any person of the results of a test performed 33 on a nonpublic building for the presence of radon gas and 34 radon progeny is not required if the results do not exceed the 35 -2- SF 366 (3) 85 je/sc/jh 2/ 6

S.F. 366 currently established United States environmental protection 1 agency action guidelines. 2 b. A person who tests a nonpublic building which the person 3 owns is not required to disclose to any person the results of 4 a test for the presence of radon gas or progeny if the test is 5 performed by the person who owns the nonpublic building. 6 Sec. 6. Section 136B.3, Code 2013, is amended to read as 7 follows: 8 136B.3 Testing and reporting of radon level. 9 The department or its duly authorized agents shall from time 10 to time perform inspections and testing of the premises of a 11 property to determine the level at which it is contaminated 12 with radon gas or radon progeny as a spot-check of the validity 13 of measurements or the adequacy of abatement measures performed 14 by persons certified or credentialed under section 136B.1 . 15 Following testing the department shall provide the owner of 16 the property with a written report of its results including 17 the concentration of radon gas or radon progeny contamination 18 present, an interpretation of the results, and recommendation 19 of appropriate action. A person certified or credentialed 20 under section 136B.1 shall also be advised of the department’s 21 results, discrepancies revealed by the spot-check, actions 22 required of the person, and actions the department intends to 23 take with respect to the person’s continued certification or 24 credentialing. 25 Sec. 7. Section 136B.4, Code 2013, is amended to read as 26 follows: 27 136B.4 Fees —— rules. 28 1. The department shall establish a fee schedule to 29 defray the costs of and collect fees for the certification 30 and credentialing programs established pursuant to section 31 136B.1 and the testing conducted and the written reports 32 provided pursuant to section 136B.3. Fees collected pursuant 33 to this section shall be retained by the department and shall 34 be considered repayment receipts as defined in section 8.2. 35 -3- SF 366 (3) 85 je/sc/jh 3/ 6

S.F. 366 Moneys collected from such fees shall be deposited in the radon 1 education fund created in section 136B.7. 2 2. The department shall adopt rules, pursuant to chapter 3 17A , to implement this chapter . 4 Sec. 8. NEW SECTION . 136B.7 Radon education fund. 5 1. A radon education fund is created in the state treasury 6 to be administered by the department of public health. The 7 fund shall consist of all moneys deposited into the fund 8 pursuant to section 136B.4. 9 2. Moneys in the fund shall be used by the department 10 for educational purposes to promote awareness of and testing 11 for radon and for carrying out the duties of the department 12 pursuant to this chapter, including but not limited to the 13 addition of full-time equivalent positions for program services 14 and investigations. 15 3. Notwithstanding section 12C.7, subsection 2, interest or 16 earnings on moneys in the fund shall be credited to the fund. 17 Sec. 9. NEW SECTION . 280.30 Radon testing and mitigation. 18 1. For purposes of this section, “short-term test” means 19 a test approved by the department of public health in which a 20 testing device remains in an area for not less than two days 21 and not more than ninety days to determine the amount of radon 22 in the air that is acceptable for human inhalation. 23 2. The board of directors of each public school district 24 and the authorities in charge of each nonpublic school shall 25 establish a schedule for a short-term testing for radon gas to 26 be performed at each attendance center under its control at 27 least once by June 30, 2025, and at least once every ten years 28 thereafter, and following any new construction of an attendance 29 center or additions, renovations, or repairs to an attendance 30 center, unless otherwise provided by subsection 5. 31 3. If the results of a test at an attendance center are at 32 or above four picocuries per liter, the board of directors of 33 the public school district or the authorities in charge of the 34 nonpublic school shall have a second short-term test for radon 35 -4- SF 366 (3) 85 je/sc/jh 4/ 6

S.F. 366 gas and radon progeny performed at the attendance center within 1 ninety days of the first short-term test. 2 4. If the results of a second test at an attendance center 3 pursuant to subsection 3 are at or above four picocuries per 4 liter, the board of directors of the public school district and 5 the authorities in charge of the nonpublic school shall retain 6 a person credentialed to perform radon abatement measures 7 pursuant to section 136B.1 to develop a radon mitigation plan 8 within ninety days of the second short-term test. The board 9 of directors of the public school district and the authorities 10 in charge of the nonpublic school shall implement the radon 11 mitigation plan within one year of the second short-term test. 12 5. a. The board of directors of each public school 13 district and the authorities in charge of each nonpublic school 14 shall have a short-term test for radon gas and radon progeny 15 performed every other year at any attendance center that has 16 implemented a radon mitigation plan pursuant to subsection 4 or 17 an alternative radon mitigation plan pursuant to paragraph “b” 18 of this subsection. 19 b. If the results of a biennial test at an attendance 20 center are at or above four picocuries per liter, the board of 21 directors of the public school district and the authorities 22 in charge of each nonpublic school shall retain a person 23 credentialed to perform radon abatement measures pursuant to 24 section 136B.1 to develop an alternative radon mitigation plan 25 within ninety days of the annual test. The board of directors 26 of the public school district and the authorities in charge 27 of the nonpublic school shall implement the alternative radon 28 mitigation plan within one year of the annual test. 29 c. The board of directors of each public school district 30 and the authorities in charge of each nonpublic school shall 31 continue biennial radon testing at an attendance center 32 until the results of annual radon testing at the attendance 33 center have been less than four picocuries per liter for four 34 consecutive years. 35 -5- SF 366 (3) 85 je/sc/jh 5/ 6

S.F. 366 6. Radon testing pursuant to this section shall be conducted 1 by a person certified to conduct such testing pursuant to 2 section 136B.1 and shall be conducted as prescribed by the 3 department of public health. Radon mitigation plans and 4 alternative radon mitigation plans pursuant to this section 5 shall be developed and implemented as prescribed by the 6 department of public health. 7 7. The department of public health and the department of 8 education shall each adopt rules pursuant to chapter 17A to 9 jointly administer this section. 10 Sec. 10. Section 298.3, subsection 1, Code 2013, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . n. Radon testing and radon mitigation 13 pursuant to section 280.30. 14 Sec. 11. 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 18 aid received by the school district under section 257.16, a 19 physical plant and equipment levy under section 298.2, or 20 modified allowable growth under section 257.31, subsection 6. 21 This specification of the payment of the state cost shall be 22 deemed to meet all of the state funding-related requirements of 23 section 25B.2, subsection 3, and no additional state funding 24 shall be necessary for the full implementation of this Act 25 by and enforcement of this Act against all affected school 26 districts. 27 -6- SF 366 (3) 85 je/sc/jh 6/ 6