Bill Text: IA SF366 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to radon control in schools. (Formerly SF 49.) Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-17 - Signed by Governor. S.J. 807. [SF366 Detail]
Download: Iowa-2013-SF366-Introduced.html
Bill Title: A bill for an act relating to radon control in schools. (Formerly SF 49.) Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-17 - Signed by Governor. S.J. 807. [SF366 Detail]
Download: Iowa-2013-SF366-Introduced.html
Senate
File
366
-
Introduced
SENATE
FILE
366
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
49)
A
BILL
FOR
An
Act
relating
to
radon
control
and
making
penalties
1
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
3
of
the
state
building
code
construction
requirements
and
4
standards
for
radon
control
in
new
residential
construction.
5
The
requirements
and
standards
adopted
by
the
commissioner
6
shall
be
based
upon
the
radon
control
method
requirements
of
7
the
international
code
council’s
most
recent
international
8
residential
code.
Notwithstanding
any
other
provision
of
9
this
chapter
to
the
contrary,
the
construction
requirements
10
and
standards
for
radon
control
adopted
by
the
commissioner
11
and
approved
by
the
council
shall
apply
to
new
residential
12
construction
commenced
on
or
after
January
1,
2015,
and
shall
13
supersede
and
replace
any
minimum
requirements
and
standards
14
for
radon
control
in
new
residential
construction
adopted
or
15
enacted
by
a
governmental
subdivision
prior
to
that
date.
16
The
state
building
code
commissioner
may
provide
training
to
17
builders,
contractors,
and
other
interested
persons
on
the
18
construction
requirements
and
standards
for
radon
control
19
in
residential
construction.
A
builder
of
a
residence
for
20
resale
shall
not
be
liable
for
any
claims
related
to
radon
21
control
standards
or
requirements
after
the
conveyance
of
the
22
residence.
23
Sec.
2.
Section
103A.10,
Code
2013,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
6.
Notwithstanding
any
other
provision
of
26
this
chapter
to
the
contrary,
the
construction
requirements
and
27
standards
for
radon
control
in
new
residential
construction
28
adopted
by
the
commissioner
and
approved
by
the
council
shall
29
apply
to
all
new
residential
construction
commenced
on
or
after
30
January
1,
2015,
and
shall
supersede
and
replace
any
minimum
31
requirements
or
standards
for
radon
control
in
new
residential
32
construction
adopted
or
enacted
by
the
governmental
subdivision
33
prior
to
that
date.
A
builder
of
a
residence
for
resale
shall
34
not
be
liable
for
any
claims
related
to
radon
control
standards
35
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or
requirements
after
the
conveyance
of
the
residence.
1
Sec.
3.
Section
136B.1,
subsections
2
and
3,
Code
2013,
are
2
amended
to
read
as
follows:
3
2.
The
department
shall
establish
programs
and
adopt
rules
4
for
the
certification
of
persons
who
test
for
the
presence
of
5
radon
gas
and
radon
progeny
in
buildings,
the
credentialing
of
6
persons
abating
the
level
of
radon
in
buildings,
and
standards
7
for
radon
abatement
systems.
8
3.
Following
the
establishment
of
the
certification
9
and
credentialing
programs
by
the
department,
a
person
who
10
is
not
certified,
as
appropriate,
shall
not
test
for
the
11
presence
of
radon
gas
and
radon
progeny
,
and
a
person
who
is
12
not
credentialed,
as
required,
shall
not
perform
abatement
13
measures.
This
section
does
not
apply
to
a
person
performing
14
the
testing
or
abatement
on
a
building
which
the
person
15
owns,
or
to
a
person
performing
testing
or
abatement
without
16
compensation.
17
Sec.
4.
Section
136B.2,
subsection
1,
paragraph
b,
Code
18
2013,
is
amended
to
read
as
follows:
19
b.
A
Except
as
otherwise
provided
in
section
558A.4,
20
subsection
1,
and
section
562A.13,
subsection
7,
a
person
shall
21
not
disclose
to
any
other
person,
except
to
the
department,
22
the
address
or
owner
of
a
nonpublic
building
that
the
person
23
tested
for
the
presence
of
radon
gas
and
radon
progeny
,
unless
24
the
owner
of
the
building
waives,
in
writing,
this
right
of
25
confidentiality.
Any
test
results
disclosed
shall
be
results
26
of
a
test
performed
within
the
five
years
prior
to
the
date
of
27
the
disclosure.
28
Sec.
5.
Section
136B.2,
subsection
2,
Code
2013,
is
amended
29
to
read
as
follows:
30
2.
a.
Notwithstanding
the
requirements
of
this
section
,
31
disclosure
to
any
person
of
the
results
of
a
test
performed
32
on
a
nonpublic
building
for
the
presence
of
radon
gas
and
33
radon
progeny
is
not
required
if
the
results
do
not
exceed
the
34
currently
established
United
States
environmental
protection
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agency
action
guidelines
,
except
as
otherwise
provided
in
1
section
558A.4,
subsection
1,
and
section
562A.13,
subsection
2
7
.
3
b.
A
Except
as
otherwise
provided
in
section
558A.4,
4
subsection
1,
and
section
562A.13,
subsection
7,
a
person
5
who
tests
a
nonpublic
building
which
the
person
owns
is
not
6
required
to
disclose
to
any
person
the
results
of
a
test
for
7
the
presence
of
radon
gas
or
progeny
if
the
test
is
performed
8
by
the
person
who
owns
the
nonpublic
building.
9
Sec.
6.
Section
136B.3,
Code
2013,
is
amended
to
read
as
10
follows:
11
136B.3
Testing
and
reporting
of
radon
level.
12
The
department
or
its
duly
authorized
agents
shall
from
time
13
to
time
perform
inspections
and
testing
of
the
premises
of
a
14
property
to
determine
the
level
at
which
it
is
contaminated
15
with
radon
gas
or
radon
progeny
as
a
spot-check
of
the
validity
16
of
measurements
or
the
adequacy
of
abatement
measures
performed
17
by
persons
certified
or
credentialed
under
section
136B.1
.
18
Following
testing
the
department
shall
provide
the
owner
of
19
the
property
with
a
written
report
of
its
results
including
20
the
concentration
of
radon
gas
or
radon
progeny
contamination
21
present,
an
interpretation
of
the
results,
and
recommendation
22
of
appropriate
action.
A
person
certified
or
credentialed
23
under
section
136B.1
shall
also
be
advised
of
the
department’s
24
results,
discrepancies
revealed
by
the
spot-check,
actions
25
required
of
the
person,
and
actions
the
department
intends
to
26
take
with
respect
to
the
person’s
continued
certification
or
27
credentialing.
28
Sec.
7.
Section
136B.4,
Code
2013,
is
amended
to
read
as
29
follows:
30
136B.4
Fees
——
rules.
31
1.
The
department
shall
establish
a
fee
schedule
to
defray
32
the
costs
of
and
collect
fees
for
the
certification
and
33
credentialing
programs
established
pursuant
to
section
136B.1
34
and
the
testing
conducted
and
the
written
reports
provided
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pursuant
to
section
136B.3
.
The
fees
collected
may
be
used
for
1
educational
purposes
to
promote
awareness
of
and
testing
for
2
radon.
3
2.
Fees
collected
pursuant
to
this
section
shall
be
retained
4
by
the
department,
shall
be
considered
repayment
receipts
as
5
defined
in
section
8.2,
and
shall
be
used
for
the
purposes
6
described
in
this
section,
including
but
not
limited
to
the
7
addition
of
full-time
equivalent
positions
for
program
services
8
and
investigations.
9
3.
The
department
shall
adopt
rules,
pursuant
to
chapter
10
17A
,
to
implement
this
chapter
.
11
Sec.
8.
NEW
SECTION
.
136B.7
Radon
education
fund.
12
1.
A
radon
education
fund
is
created
in
the
state
treasury
13
to
be
administered
by
the
department
of
public
health.
The
14
fund
shall
consist
of
all
moneys
deposited
into
the
fund
15
pursuant
to
section
136B.4.
16
2.
Moneys
in
the
fund
shall
be
used
by
the
department
to
17
provide
radon
program
education.
18
3.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
19
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
20
Sec.
9.
NEW
SECTION
.
280.30
Radon
testing
and
mitigation.
21
1.
For
purposes
of
this
section,
“short-term
test”
means
22
a
test
approved
by
the
department
of
public
health
in
which
a
23
testing
device
remains
in
an
area
for
not
less
than
two
days
24
and
not
more
than
ninety
days
to
determine
the
amount
of
radon
25
in
the
air
that
is
acceptable
for
human
inhalation.
26
2.
The
board
of
directors
of
each
public
school
district
27
and
the
authorities
in
charge
of
each
nonpublic
school
shall
28
establish
a
schedule
for
a
short-term
testing
for
radon
gas
to
29
be
performed
at
each
attendance
center
under
its
control
at
30
least
once
by
June
30,
2025,
and
at
least
once
every
ten
years
31
thereafter,
and
following
any
new
construction
of
an
attendance
32
center
or
additions,
renovations,
or
repairs
to
an
attendance
33
center,
unless
otherwise
provided
by
subsection
5.
34
3.
If
the
results
of
a
test
at
an
attendance
center
are
at
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or
above
four
picocuries
per
liter,
the
board
of
directors
of
1
the
public
school
district
or
the
authorities
in
charge
of
the
2
nonpublic
school
shall
have
a
second
short-term
test
for
radon
3
gas
and
radon
progeny
performed
at
the
attendance
center
within
4
ninety
days
of
the
first
short-term
test.
5
4.
If
the
results
of
a
second
test
at
an
attendance
center
6
pursuant
to
subsection
3
are
at
or
above
four
picocuries
per
7
liter,
the
board
of
directors
of
the
public
school
district
and
8
the
authorities
in
charge
of
the
nonpublic
school
shall
retain
9
a
person
credentialed
to
perform
radon
abatement
measures
10
pursuant
to
section
136B.1
to
develop
a
radon
mitigation
plan
11
within
ninety
days
of
the
second
short-term
test.
The
board
12
of
directors
of
the
public
school
district
and
the
authorities
13
in
charge
of
the
nonpublic
school
shall
implement
the
radon
14
mitigation
plan
within
one
year
of
the
second
short-term
test.
15
5.
a.
The
board
of
directors
of
each
public
school
16
district
and
the
authorities
in
charge
of
each
nonpublic
school
17
shall
have
a
short-term
test
for
radon
gas
and
radon
progeny
18
performed
every
other
year
at
any
attendance
center
that
has
19
implemented
a
radon
mitigation
plan
pursuant
to
subsection
4
or
20
an
alternative
radon
mitigation
plan
pursuant
to
paragraph
“b”
21
of
this
subsection.
22
b.
If
the
results
of
a
biennial
test
at
an
attendance
23
center
are
at
or
above
four
picocuries
per
liter,
the
board
of
24
directors
of
the
public
school
district
and
the
authorities
25
in
charge
of
each
nonpublic
school
shall
retain
a
person
26
credentialed
to
perform
radon
abatement
measures
pursuant
to
27
section
136B.1
to
develop
an
alternative
radon
mitigation
plan
28
within
ninety
days
of
the
annual
test.
The
board
of
directors
29
of
the
public
school
district
and
the
authorities
in
charge
30
of
the
nonpublic
school
shall
implement
the
alternative
radon
31
mitigation
plan
within
one
year
of
the
annual
test.
32
c.
The
board
of
directors
of
each
public
school
district
33
and
the
authorities
in
charge
of
each
nonpublic
school
shall
34
continue
biennial
radon
testing
at
an
attendance
center
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until
the
results
of
annual
radon
testing
at
the
attendance
1
center
have
been
less
than
four
picocuries
per
liter
for
four
2
consecutive
years.
3
6.
Radon
testing
pursuant
to
this
section
shall
be
conducted
4
by
a
person
certified
to
conduct
such
testing
pursuant
to
5
section
136B.1
and
shall
be
conducted
as
prescribed
by
the
6
department
of
public
health.
Radon
mitigation
plans
and
7
alternative
radon
mitigation
plans
pursuant
to
this
section
8
shall
be
developed
and
implemented
as
prescribed
by
the
9
department
of
public
health.
10
7.
The
department
of
public
health
and
the
department
of
11
education
shall
each
adopt
rules
pursuant
to
chapter
17A
to
12
jointly
administer
this
section.
13
Sec.
10.
Section
298.3,
subsection
1,
Code
2013,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
n.
Radon
testing
and
radon
mitigation
16
pursuant
to
section
280.30.
17
Sec.
11.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
18
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
19
compliance
with
any
state
mandate
included
in
this
Act
shall
20
be
paid
by
a
school
district
from
state
school
foundation
21
aid
received
by
the
school
district
under
section
257.16,
a
22
physical
plant
and
equipment
levy
under
section
298.2,
or
23
modified
allowable
growth
under
section
257.31,
subsection
6.
24
This
specification
of
the
payment
of
the
state
cost
shall
be
25
deemed
to
meet
all
of
the
state
funding-related
requirements
of
26
section
25B.2,
subsection
3,
and
no
additional
state
funding
27
shall
be
necessary
for
the
full
implementation
of
this
Act
28
by
and
enforcement
of
this
Act
against
all
affected
school
29
districts.
30
EXPLANATION
31
This
bill
requires
that
the
building
code
commissioner,
32
with
the
approval
of
the
building
code
advisory
council,
adopt
33
requirements
and
standards
for
radon
control
in
new
residential
34
construction.
The
bill
provides
that
the
standards
shall
35
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supersede
and
replace
any
minimum
radon
control
requirements
1
and
standards
for
new
residential
construction
adopted
by
2
governmental
subdivisions
in
Iowa.
The
bill
requires
that
the
3
requirements
and
standards
be
mandatory
for
all
new
residential
4
construction
beginning
on
or
after
January
1,
2015.
5
Any
person
who
fails
to
comply
with
an
order
to
remedy
6
any
condition
in
violation
of
the
adopted
requirements
and
7
standards
within
30
days
after
service
or
within
the
time
8
fixed
for
compliance,
whichever
is
longer,
shall
be
guilty
of
9
a
simple
misdemeanor
pursuant
to
Code
section
103A.21.
Any
10
owner,
builder,
architect,
tenant,
contractor,
subcontractor,
11
construction
superintendent
or
their
agents,
or
any
other
12
person
taking
part
or
assisting
in
the
construction
or
use
13
of
any
building
or
structure
who
knowingly
violates
such
14
requirements
and
standards
shall
also
be
guilty
of
a
simple
15
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
16
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
17
than
$625
or
by
both.
18
The
bill
creates
a
radon
education
fund
to
be
administered
by
19
the
department
of
public
health
to
be
used
by
the
department
20
to
provide
radon
program
education.
The
bill
provides
that
21
certain
fees
collected
by
the
department
be
deposited
into
this
22
fund.
23
The
bill
requires
the
board
of
directors
of
each
public
24
school
district
and
the
authorities
in
charge
of
each
nonpublic
25
school
to
have
a
short-term
test
for
radon
gas
performed
at
26
each
attendance
center
under
its
control
at
least
once
by
27
June
30,
2025,
and
at
least
once
every
10
years
thereafter,
28
and
following
new
construction
of
an
attendance
center
or
29
additions,
renovations,
or
repairs
to
an
attendance
center.
30
If
the
results
of
such
a
test
are
at
or
above
four
picocuries
31
per
liter,
the
bill
requires
the
board
of
directors
of
the
32
public
school
district
and
the
authorities
in
charge
of
the
33
nonpublic
school
to
have
a
second
short-term
test
performed
at
34
the
attendance
center
within
90
days.
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If
the
results
of
a
second
test
are
at
or
above
four
1
picocuries
per
liter,
the
bill
requires
the
board
of
directors
2
of
the
public
school
district
and
the
authorities
in
charge
of
3
the
nonpublic
school
to
retain
a
person
credentialed
to
perform
4
radon
abatement
measures
to
develop
a
radon
mitigation
plan
5
within
90
days.
The
radon
mitigation
plan
must
be
implemented
6
within
one
year.
7
If
the
results
of
a
short-term
test
at
an
attendance
center
8
at
which
a
radon
mitigation
plan
has
been
implemented
are
at
or
9
above
four
picocuries
per
liter,
the
bill
requires
the
board
of
10
directors
of
the
public
school
district
and
the
authorities
in
11
charge
of
the
nonpublic
school
to
retain
a
person
credentialed
12
to
perform
radon
abatement
measures
to
develop
an
alternative
13
radon
mitigation
plan
within
90
days.
The
alternative
radon
14
mitigation
plan
must
be
implemented
within
one
year.
15
The
bill
requires
biennial,
short-term
radon
testing
for
any
16
school
site
at
which
a
radon
mitigation
plan
or
an
alternative
17
radon
mitigation
plan
has
been
implemented,
which
continues
18
until
the
results
have
been
less
than
four
picocuries
per
liter
19
for
four
consecutive
years.
20
The
bill
defines
“short-term
test”
as
a
test
approved
by
21
the
department
of
public
health
in
which
a
testing
device
22
remains
in
an
area
for
not
less
than
two
days
and
not
more
than
23
90
days
to
determine
the
amount
of
radon
in
the
air
that
is
24
acceptable
for
human
inhalation.
Radon
testing
pursuant
to
the
25
bill
must
be
conducted
by
a
person
certified
to
conduct
such
26
testing
and
must
be
conducted
as
prescribed
by
the
department
27
of
public
health.
Radon
mitigation
plans
and
alternative
radon
28
mitigation
plans
pursuant
to
the
bill
must
be
developed
and
29
implemented
as
prescribed
by
the
department
of
public
health.
30
The
bill
requires
the
department
of
public
health
and
31
the
department
of
education
to
each
adopt
rules
to
jointly
32
administer
the
provisions
of
the
bill
relating
to
radon
testing
33
in
schools.
34
The
bill
adds
radon
testing
and
radon
mitigation
pursuant
to
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the
bill
to
the
list
of
permissible
uses
of
a
physical
plant
1
and
equipment
levy
by
a
school
district.
2
The
bill
makes
various
changes
to
the
purposes
for
which
fees
3
collected
by
the
department
of
public
health
relating
to
radon
4
testing
can
be
used.
5
The
bill
strikes
references
to
radon
progeny
in
the
Iowa
6
Code.
7
The
bill
may
include
a
state
mandate
as
defined
in
Code
8
section
25B.3.
The
bill
requires
that
the
state
cost
of
9
any
state
mandate
included
in
the
bill
be
paid
by
a
school
10
district
from
state
school
foundation
aid
received
by
the
11
school
district
under
Code
section
257.16,
a
physical
plant
12
and
equipment
levy
under
Code
section
298.2
or
modified
13
allowable
growth
under
Code
section
257.31,
subsection
6.
The
14
specification
is
deemed
to
constitute
state
compliance
with
15
any
state
mandate
funding-related
requirements
of
Code
section
16
25B.2.
The
inclusion
of
this
specification
is
intended
to
17
reinstate
the
requirement
of
political
subdivisions
to
comply
18
with
any
state
mandates
included
in
the
bill.
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