Bill Text: IL SB3645 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2024-05-26 - Added as Co-Sponsor Sen. Robert F. Martwick [SB3645 Detail]

Download: Illinois-2023-SB3645-Introduced.html

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

SB3645- 5 -LRB103 38665 RJT 68802 b
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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