Bill Text: IA SF7 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring radon testing in public schools and including applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-12 - Subcommittee: Behn, Chelgren, and Danielson. S.J. 83. [SF7 Detail]
Download: Iowa-2017-SF7-Introduced.html
Senate File 7 - Introduced SENATE FILE BY QUIRMBACH A BILL FOR 1 An Act requiring radon testing in public schools and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1514XS (3) 87 je/sc PAG LIN 1 1 Section 1. NEW SECTION. 280.30 Radon testing. 1 2 1. For purposes of this section, "short=term test" means 1 3 a test approved by the department of public health in which a 1 4 testing device remains in an area for not less than two days 1 5 and not more than ninety days to determine the amount of radon 1 6 in the air that is acceptable for human inhalation. 1 7 2. The board of directors of each public school district 1 8 shall establish a schedule for a short=term testing for radon 1 9 gas to be performed at each attendance center under its control 1 10 at least once by June 30, 2019, and at least once every ten 1 11 years thereafter, and following any new construction of an 1 12 attendance center or additions, renovations, or repairs to an 1 13 attendance center. 1 14 3. The board of directors of each public school district 1 15 shall submit the results of each radon test conducted at an 1 16 attendance center pursuant to this section to the department 1 17 of public health within five days. The department of public 1 18 health shall publish the submitted results on the department's 1 19 internet site for public review and shall provide the submitted 1 20 results to the department of education. 1 21 4. Radon testing pursuant to this section conducted on and 1 22 after July 1, 2019, shall be conducted as prescribed by the 1 23 department of public health and shall be conducted by a person 1 24 certified to conduct such testing pursuant to section 136B.1. 1 25 The department of public health shall maintain and make 1 26 available to school districts a list of such certified persons. 1 27 5. a. The department of public health and the department 1 28 of education shall each adopt rules pursuant to chapter 17A to 1 29 jointly administer this section. 1 30 b. In consultation with appropriate stakeholders, the 1 31 department of public health shall adopt rules pursuant to 1 32 chapter 17A establishing standards for radon testing at 1 33 attendance centers pursuant to this section by July 1, 2019. 1 34 Such standards shall include but are not limited to training 1 35 requirements for persons certified by the department to conduct 2 1 such testing and best practices for conducting such testing. 2 2 Sec. 2. Section 298.3, subsection 1, Code 2017, is amended 2 3 by adding the following new paragraph: 2 4 NEW PARAGRAPH. n. Radon testing pursuant to section 280.30. 2 5 Sec. 3. Section 423F.3, subsection 3, paragraph a, Code 2 6 2017, is amended to read as follows: 2 7 a. If the board of directors adopts a resolution to use 2 8 funds received under the operation of this chapter solely for 2 9 providing property tax relief by reducing indebtedness from the 2 10 levies specified under section 298.2 or 298.18, or for radon 2 11 testing pursuant to section 280.30, the board of directors may 2 12 approve a revenue purpose statement for that purpose without 2 13 submitting the revenue purpose statement to a vote of the 2 14 electors. 2 15 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 2 16 with section 25B.2, subsection 3, the state cost of requiring 2 17 compliance with any state mandate included in this Act shall 2 18 be paid by a school district from state school foundation aid 2 19 received by the school district under section 257.16. This 2 20 specification of the payment of the state cost shall be deemed 2 21 to meet all of the state funding=related requirements of 2 22 section 25B.2, subsection 3, and no additional state funding 2 23 shall be necessary for the full implementation of this Act 2 24 by and enforcement of this Act against all affected school 2 25 districts. 2 26 Sec. 5. APPLICABILITY. Section 423F.3, subsection 7, shall 2 27 not apply to this Act. 2 28 EXPLANATION 2 29 The inclusion of this explanation does not constitute agreement with 2 30 the explanation's substance by the members of the general assembly. 2 31 This bill requires the board of directors of each public 2 32 school district to have a short=term test for radon gas 2 33 performed at each attendance center under its control at 2 34 least once by June 30, 2019, and at least once every 10 years 2 35 thereafter, and following new construction of an attendance 3 1 center or additions, renovations, or repairs to an attendance 3 2 center. 3 3 The bill requires the board of directors of each public 3 4 school district to submit the results of each radon test 3 5 conducted at an attendance center pursuant to the bill to 3 6 the department of public health within five days. The bill 3 7 requires the department of public health to publish the 3 8 submitted results on the department's internet site for public 3 9 review and to provide the submitted results to the department 3 10 of education. 3 11 Radon testing pursuant to the bill conducted on and after 3 12 July 1, 2019, must be conducted as prescribed by the department 3 13 of public health and must be conducted by a person certified 3 14 to conduct such testing pursuant to Code section 136B.1. The 3 15 department of public health must maintain and make available to 3 16 school districts a list of such certified persons. 3 17 The bill requires the department of public health and 3 18 the department of education to each adopt administrative 3 19 rules to jointly administer the bill. The bill requires the 3 20 department of public health, in consultation with appropriate 3 21 stakeholders, to adopt administrative rules establishing 3 22 standards for radon testing at attendance centers pursuant to 3 23 the bill by July 1, 2019. 3 24 The bill defines "short=term test" as a test approved by the 3 25 department of public health in which a testing device remains 3 26 in an area for not less than two days and not more than 90 days 3 27 to determine the amount of radon in the air that is acceptable 3 28 for human inhalation. 3 29 The bill adds radon testing conducted pursuant to the 3 30 bill to the list of permissible uses of a physical plant and 3 31 equipment levy or revenues from the secure an advanced vision 3 32 for education fund under Code section 423F.3. 3 33 The bill may include a state mandate as defined in Code 3 34 section 25B.3. The bill requires that the state cost of 3 35 any state mandate included in the bill be paid by a school 4 1 district from state school foundation aid received by the 4 2 school district under Code section 257.16. The specification 4 3 is deemed to constitute state compliance with any state mandate 4 4 funding=related requirements of Code section 25B.2. The 4 5 inclusion of this specification is intended to reinstate the 4 6 requirement of political subdivisions to comply with any state 4 7 mandates included in the bill. 4 8 The bill makes inapplicable Code section 423F.3, subsection 4 9 7, which requires a bill that would alter the purposes for 4 10 which the revenues received under Code section 423F.3 may be 4 11 used from infrastructure and property tax relief purposes 4 12 to any other purpose to be approved by a vote of at least 4 13 two=thirds of the members of both chambers of the general 4 14 assembly. LSB 1514XS (3) 87 je/sc