103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3645
 
Introduced 2/9/2024, by Sen. Laura Ellman
 
SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.48
105 ILCS 5/34-18.39
 Amends the School Code. In provisions concerning radon testing, provides that every school building of a school district that is occupied or will be occupied shall be tested by January 1, 2028 and shall be tested every 5 years thereafter for radon (instead of recommending that every occupied school building of a school district be tested every 5 years for radon). Provides that all new schools of a school district shall be built using radon resistant new construction techniques in accordance with the American National Standards Institute/American Association of Radon Scientists and Technologists CC-1000, Soil Gas Control Systems in New Construction of Multifamily, School, Commercial and Mixed-Use Buildings standard or a successor standard (instead of recommending that new schools of a school district be built using radon resistant new construction techniques, as shown in the United States Environmental Protection Agency document, Radon Prevention in the Design and Construction of Schools and Other Large Buildings). Removes a provision allowing a person to perform radon screening tests without a license. Makes changes concerning the exemption. Provides that if radon is found to exceed specified levels, then the school district shall (instead of may) hire a licensed radon professional to perform confirmatory measurements (instead of to perform measurements before any mitigation decisions are made). Sets forth provisions concerning mitigation. Provides that a school district may use life safety funds, if available, for radon testing and mitigation. Preempts home rule powers.


LRB103 38665 RJT 68802 b


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 
 
A BILL FOR
 
SB3645LRB103 38665 RJT 68802 b


1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The School Code is amended by changing Sections 
510-20.48 and 34-18.39 as follows:

6 (105 ILCS 5/10-20.48)
7 Sec. 10-20.48. Radon testing and mitigation.
8 (a) Every It is recommended that every occupied school 
9building of a school district that is occupied or will be 
10occupied shall be tested by January 1, 2028 and shall be tested 
11every 5 years thereafter for radon pursuant to rules 
12established by the Illinois Emergency Management Agency and 
13Office of Homeland Security (IEMA-OHS IEMA).
14 (b) All It is recommended that new schools of a school 
15district shall be built using radon resistant new construction 
16techniques in accordance with the American National Standards 
17Institute/American Association of Radon Scientists and 
18Technologists CC-1000, Soil Gas Control Systems in New 
19Construction of Multifamily, School, Commercial and Mixed-Use 
20Buildings standard or a successor standard , as shown in the 
21United States Environmental Protection Agency document, Radon 
22Prevention in the Design and Construction of Schools and Other 
23Large Buildings.
 
 
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1 (c) Each school district shall may maintain, make 
2available for public review, and notify parents and faculty of 
3all test results under this Section. The district shall report 
4radon test results to the State Board of Education, which 
5shall prepare a report every 2 years of the results from all 
6schools that have performed tests, to be submitted to the 
7General Assembly and the Governor.
8 (d) If IEMA exempts an individual from being required to 
9be a licensed radon professional, the individual does not need 
10to be a licensed radon professional in order to perform 
11screening tests under this Section. A school district may 
12elect to have one or more employees from the district attend an 
13IEMA-OHS-approved IEMA-approved, Internet-based training 
14course on school testing in order to receive, from IEMA-OHS, 
15an exemption from being required to be a licensed radon 
16professional to conduct radon screening tests testing in 
17schools in that school district. These school district 
18employees must perform the measurements in accordance with 
19procedures approved by IEMA-OHS IEMA. If an exemption from 
20IEMA-OHS IEMA is not received, the school district must use a 
21licensed radon professional to conduct measurements.
22 (e) If the results of a radon screening test under this 
23Section are found to be 4.0 pCi/L or above, the school district 
24shall may hire a licensed radon professional to perform 
25confirmatory measurements before any mitigation decisions are 
26made. If the confirmatory measurements verify radon levels of 
 
 
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14.0 pCi/L or above, the building shall are found, it is 
2recommended that affected areas be mitigated within 2 years by 
3a licensed radon mitigation professional with respect to both 
4design and installation. IEMA-OHS IEMA may provide the school 
5district with a list of licensed radon mitigation 
6professionals. However, no radon mitigation is required if the 
7school district has decommissioned or plans to decommission 
8the building within 2 years following the radon screening 
9test.
10 (e-5) Upon completion of any mitigation system 
11installation, radon measurements shall be conducted by a 
12licensed radon measurement professional pursuant to rules 
13established by IEMA-OHS to ensure mitigation system 
14performance. If the results of a radon screening test under 
15this Section are found to be 4.0 pCi/L or above, the system 
16shall be modified until the results of a radon screening test 
17under this Section are found to be below 4.0 pCi/L. 
18 (f) A screening test under this Section may be done with a 
19test kit found in a hardware store, department store, or home 
20improvement store or with a kit ordered through the mail or 
21over the Internet. However, the kit must be provided by a 
22laboratory licensed in accordance with the Radon Industry 
23Licensing Act.
24 (g) A school district may use life safety funds, if 
25available, for radon testing and mitigation.
26 (h) A home rule unit may not regulate school radon issues 
 
 
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1in a manner that diminishes the school radon protections 
2provided under this Section. This Section is a limitation 
3under subsection (i) of Section 6 of Article VII of the 
4Illinois Constitution on the concurrent exercise by home rule 
5units of powers and functions exercised by the State. 
6(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)

7 (105 ILCS 5/34-18.39)
8 Sec. 34-18.39. Radon testing and mitigation.
9 (a) Every It is recommended that every occupied school 
10building of the school district that is occupied or will be 
11occupied shall be tested by January 1, 2028 and shall be tested 
12every 5 years thereafter for radon pursuant to rules 
13established by the Illinois Emergency Management Agency and 
14Office of Homeland Security (IEMA-OHS IEMA).
15 (b) All It is recommended that new schools of the school 
16district shall be built using radon resistant new construction 
17techniques in accordance with the American National Standards 
18Institute/American Association of Radon Scientists and 
19Technologists CC-1000, Soil Gas Control Systems in New 
20Construction of Multifamily, School, Commercial and Mixed-Use 
21Buildings standard or a successor standard , as shown in the 
22United States Environmental Protection Agency document, Radon 
23Prevention in the Design and Construction of Schools and Other 
24Large Buildings.
25 (c) The school district shall may maintain, make available 
 
 
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1for public review, and notify parents and faculty of all test 
2results under this Section. The district shall report radon 
3test results to the State Board of Education, which shall 
4prepare a report every 2 years of the results from all schools 
5that have performed tests, to be submitted to the General 
6Assembly and the Governor.
7 (d) If IEMA exempts an individual from being required to 
8be a licensed radon professional, the individual does not need 
9to be a licensed radon professional in order to perform 
10screening tests under this Section. The school district may 
11elect to have one or more employees from the district attend an 
12IEMA-OHS-approved IEMA-approved, Internet-based training 
13course on school testing in order to receive, from IEMA-OHS, 
14an exemption from being required to be a licensed radon 
15professional to conduct radon screening tests testing in 
16schools in the school district. These school district 
17employees must perform the measurements in accordance with 
18procedures approved by IEMA-OHS IEMA. If an exemption from 
19IEMA-OHS IEMA is not received, the school district must use a 
20licensed radon professional to conduct measurements.
21 (e) If the results of a radon screening test under this 
22Section are found to be 4.0 pCi/L or above, the school district 
23shall may hire a licensed radon professional to perform 
24confirmatory measurements before any mitigation decisions are 
25made. If the confirmatory measurements verify radon levels of 
264.0 pCi/L or above, the building shall are found, it is 
 
 
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1recommended that affected areas be mitigated within 2 years by 
2a licensed radon mitigation professional with respect to both 
3design and installation. IEMA-OHS IEMA may provide the school 
4district with a list of licensed radon mitigation 
5professionals. However, no radon mitigation is required if the 
6school district has decommissioned or plans to decommission 
7the building within 2 years following the radon screening 
8test.
9 (e-5) Upon completion of any mitigation system 
10installation, radon measurements shall be conducted by a 
11licensed radon measurement professional pursuant to rules 
12established by IEMA-OHS to ensure mitigation system 
13performance. If the results of a radon screening test under 
14this Section are found to be 4.0 pCi/L or above, the system 
15shall be modified until the results of a radon screening test 
16under this Section are found to be below 4.0 pCi/L. 
17 (f) A screening test under this Section may be done with a 
18test kit found in a hardware store, department store, or home 
19improvement store or with a kit ordered through the mail or 
20over the Internet. However, the kit must be provided by a 
21laboratory licensed in accordance with the Radon Industry 
22Licensing Act.
23 (g) The school district may use life safety funds, if 
24available, for radon testing and mitigation.
25 (h) A home rule unit may not regulate school radon issues 
26in a manner that diminishes the school radon protections 
 
 
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