Senate
File
2127
-
Introduced
SENATE
FILE
2127
BY
McCOY
A
BILL
FOR
An
Act
requiring
radon
testing
and
mitigation
in
public
1
schools.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
280.30
Radon
testing
and
1
mitigation.
2
1.
For
purposes
of
this
section,
“short-term
test”
means
3
a
test
approved
by
the
department
of
public
health
in
which
a
4
testing
device
remains
in
an
area
for
not
less
than
two
days
5
and
not
more
than
ninety
days
to
determine
the
amount
of
radon
6
in
the
air
that
is
acceptable
for
human
inhalation.
7
2.
The
board
of
directors
of
each
public
school
district
8
shall
establish
a
schedule
for
a
short-term
testing
for
radon
9
gas
to
be
performed
at
each
attendance
center
under
its
control
10
at
least
once
by
June
30,
2016,
and
at
least
once
every
ten
11
years
thereafter,
and
following
any
new
construction
of
an
12
attendance
center
or
additions,
renovations,
or
repairs
to
an
13
attendance
center,
unless
otherwise
provided
by
subsection
5.
14
3.
If
the
results
of
a
test
at
an
attendance
center
are
at
15
or
above
four
picocuries
per
liter,
the
board
of
directors
of
16
the
public
school
district
shall
have
a
second
short-term
test
17
for
radon
gas
and
radon
progeny
performed
at
the
attendance
18
center
within
ninety
days
of
the
first
short-term
test.
19
4.
If
the
results
of
a
second
test
at
an
attendance
center
20
pursuant
to
subsection
3
are
at
or
above
four
picocuries
per
21
liter,
the
board
of
directors
of
the
public
school
district
22
shall
retain
a
person
credentialed
to
perform
radon
abatement
23
measures
pursuant
to
section
136B.1
to
develop
a
radon
24
mitigation
plan
within
ninety
days
of
the
second
short-term
25
test.
The
board
shall
implement
the
radon
mitigation
plan
26
within
one
year
of
the
second
short-term
test.
27
5.
a.
The
board
of
directors
of
each
public
school
district
28
shall
have
a
short-term
test
for
radon
gas
and
radon
progeny
29
performed
every
other
year
at
any
attendance
center
that
has
30
implemented
a
radon
mitigation
plan
pursuant
to
subsection
4
or
31
an
alternative
radon
mitigation
plan
pursuant
to
paragraph
“b”
32
of
this
subsection.
33
b.
If
the
results
of
a
biennial
test
at
an
attendance
34
center
are
at
or
above
four
picocuries
per
liter,
the
board
of
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directors
of
the
public
school
district
shall
retain
a
person
1
credentialed
to
perform
radon
abatement
measures
pursuant
to
2
section
136B.1
to
develop
an
alternative
radon
mitigation
plan
3
within
ninety
days
of
the
biennial
test.
The
board
shall
4
implement
the
alternative
radon
mitigation
plan
within
one
year
5
of
the
biennial
test.
6
c.
The
board
of
directors
of
each
public
school
district
7
shall
continue
biennial
radon
testing
at
an
attendance
center
8
until
the
results
of
biennial
radon
testing
at
the
attendance
9
center
have
been
less
than
four
picocuries
per
liter
for
four
10
consecutive
years.
11
6.
The
board
of
directors
of
each
public
school
district
12
shall
submit
the
results
of
each
radon
test
conducted
at
an
13
attendance
center
pursuant
to
this
section
to
the
department
14
of
education
within
five
days.
15
7.
Radon
testing
pursuant
to
this
section
shall
be
conducted
16
by
a
person
certified
to
conduct
such
testing
pursuant
to
17
section
136B.1
and
shall
be
conducted
as
prescribed
by
the
18
department
of
public
health.
Radon
mitigation
plans
and
19
alternative
radon
mitigation
plans
pursuant
to
this
section
20
shall
be
developed
and
implemented
as
prescribed
by
the
21
department
of
public
health.
22
8.
The
department
of
public
health
and
the
department
of
23
education
shall
each
adopt
rules
to
jointly
administer
this
24
section.
25
Sec.
2.
Section
298.3,
subsection
1,
Code
2014,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
n.
Radon
testing
and
radon
mitigation
28
pursuant
to
section
280.30.
29
Sec.
3.
Section
423F.3,
subsection
3,
paragraph
a,
Code
30
2014,
is
amended
to
read
as
follows:
31
a.
If
the
board
of
directors
adopts
a
resolution
to
use
32
funds
received
under
the
operation
of
this
chapter
solely
for
33
providing
property
tax
relief
by
reducing
indebtedness
from
the
34
levies
specified
under
section
298.2
or
298.18
,
or
for
radon
35
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2127
testing
and
radon
mitigation
pursuant
to
section
280.30,
the
1
board
of
directors
may
approve
a
revenue
purpose
statement
for
2
that
purpose
without
submitting
the
revenue
purpose
statement
3
to
a
vote
of
the
electors.
4
Sec.
4.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
5
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
6
compliance
with
any
state
mandate
included
in
this
Act
shall
7
be
paid
by
a
school
district
from
state
school
foundation
aid
8
received
by
the
school
district
under
section
257.16.
This
9
specification
of
the
payment
of
the
state
cost
shall
be
deemed
10
to
meet
all
of
the
state
funding-related
requirements
of
11
section
25B.2,
subsection
3,
and
no
additional
state
funding
12
shall
be
necessary
for
the
full
implementation
of
this
Act
13
by
and
enforcement
of
this
Act
against
all
affected
school
14
districts.
15
Sec.
5.
APPLICABILITY.
Section
423F.3,
subsection
7,
shall
16
not
apply
to
this
Act.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
requires
the
board
of
directors
of
each
public
21
school
district
to
have
a
short-term
test
for
radon
gas
22
performed
at
each
attendance
center
under
its
control
at
23
least
once
by
June
30,
2016,
and
at
least
once
every
10
years
24
thereafter,
and
following
new
construction
of
an
attendance
25
center
or
additions,
renovations,
or
repairs
to
an
attendance
26
center.
If
the
results
of
such
a
test
are
at
or
above
four
27
picocuries
per
liter,
the
bill
requires
the
board
to
have
a
28
second
short-term
test
performed
at
the
attendance
center
29
within
90
days.
30
If
the
results
of
a
second
test
are
at
or
above
four
31
picocuries
per
liter,
the
bill
requires
the
board
of
directors
32
of
the
public
school
district
to
retain
a
person
credentialed
33
to
perform
radon
abatement
measures
to
develop
a
radon
34
mitigation
plan
within
90
days.
The
radon
mitigation
plan
must
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2127
be
implemented
within
one
year.
1
If
the
results
of
a
short-term
test
at
an
attendance
center
2
at
which
a
radon
mitigation
plan
has
been
implemented
are
at
or
3
above
four
picocuries
per
liter,
the
bill
requires
the
board
4
of
directors
of
the
public
school
district
to
retain
a
person
5
credentialed
to
perform
radon
abatement
measures
to
develop
6
an
alternative
radon
mitigation
plan
within
90
days.
The
7
alternative
radon
mitigation
plan
must
be
implemented
within
8
one
year.
9
The
bill
requires
biennial,
short-term
radon
testing
for
any
10
school
site
at
which
a
radon
mitigation
plan
or
an
alternative
11
radon
mitigation
plan
has
been
implemented,
which
continues
12
until
the
results
have
been
less
than
four
picocuries
per
liter
13
for
four
consecutive
years.
14
The
bill
requires
the
board
of
directors
of
each
public
15
school
district
to
submit
the
results
of
each
radon
test
16
conducted
at
an
attendance
center
pursuant
to
the
bill
to
the
17
department
of
education
within
five
days.
18
The
bill
defines
“short-term
test”
as
a
test
approved
by
19
the
department
of
public
health
in
which
a
testing
device
20
remains
in
an
area
for
not
less
than
two
days
and
not
more
than
21
90
days
to
determine
the
amount
of
radon
in
the
air
that
is
22
acceptable
for
human
inhalation.
Radon
testing
pursuant
to
the
23
bill
must
be
conducted
by
a
person
certified
to
conduct
such
24
testing
and
must
be
conducted
as
prescribed
by
the
department
25
of
public
health.
Radon
mitigation
plans
and
alternative
radon
26
mitigation
plans
pursuant
to
the
bill
must
be
developed
and
27
implemented
as
prescribed
by
the
department
of
public
health.
28
The
bill
requires
the
department
of
public
health
and
29
the
department
of
education
to
each
adopt
rules
to
jointly
30
administer
the
provisions
of
the
bill
relating
to
radon
testing
31
in
schools.
32
The
bill
adds
radon
testing
and
radon
mitigation
pursuant
to
33
the
bill
to
the
list
of
permissible
uses
of
a
physical
plant
34
and
equipment
levy
or
revenues
from
the
secure
an
advanced
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2127
vision
for
education
fund
under
Code
section
423F.3
or
by
a
1
school
district.
2
The
bill
may
include
a
state
mandate
as
defined
in
Code
3
section
25B.3.
The
bill
requires
that
the
state
cost
of
4
any
state
mandate
included
in
the
bill
be
paid
by
a
school
5
district
from
state
school
foundation
aid
received
by
the
6
school
district
under
Code
section
257.16.
The
specification
7
is
deemed
to
constitute
state
compliance
with
any
state
mandate
8
funding-related
requirements
of
Code
section
25B.2.
The
9
inclusion
of
this
specification
is
intended
to
reinstate
the
10
requirement
of
political
subdivisions
to
comply
with
any
state
11
mandates
included
in
the
bill.
12
The
bill
makes
inapplicable
Code
section
423F.3,
subsection
13
7,
which
requires
a
bill
that
would
alter
the
purposes
for
14
which
the
revenues
received
under
Code
section
423F.3
may
be
15
used
from
infrastructure
and
property
tax
relief
purposes
16
to
any
other
purpose
to
be
approved
by
a
vote
of
at
least
17
two-thirds
of
the
members
of
both
chambers
of
the
general
18
assembly.
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