Bill Text: IA HF673 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act to require radon testing and mitigation in public schools and including applicability provisions. (Formerly HF 349; See HF 755.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-03-27 - Committee report, recommending passage. H.J. 666. [HF673 Detail]

Download: Iowa-2019-HF673-Introduced.html
House File 673 - Introduced HOUSE FILE 673 BY COMMITTEE ON EDUCATION (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 TLSB 2221HV (2) 88 js/rn
H.F. 673 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 35 -1- LSB 2221HV (2) 88 js/rn 1/ 4
H.F. 673 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 35 -2- LSB 2221HV (2) 88 js/rn 2/ 4
H.F. 673 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 -3- LSB 2221HV (2) 88 js/rn 3/ 4
H.F. 673 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. 30 -4- LSB 2221HV (2) 88 js/rn 4/ 4
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