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:
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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.
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