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

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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

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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
SB3645 LRB103 38665 RJT 68802 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
10-20.48 and 34-18.39 as follows:
(105 ILCS 5/10-20.48)
Sec. 10-20.48. Radon testing and mitigation.
(a) Every It is recommended that every occupied 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 pursuant to rules
established by the Illinois Emergency Management Agency and
Office of Homeland Security (IEMA-OHS IEMA).
(b) All It is recommended that 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 , as shown in the
United States Environmental Protection Agency document, Radon
Prevention in the Design and Construction of Schools and Other
Large Buildings.

SB3645 - 2 - LRB103 38665 RJT 68802 b
(c) Each school district shall may maintain, make
available for public review, and notify parents and faculty of
all test results under this Section. The district shall report
radon test results to the State Board of Education, which
shall prepare a report every 2 years of the results from all
schools that have performed tests, to be submitted to the
General Assembly and the Governor.
(d) If IEMA exempts an individual from being required to
be a licensed radon professional, the individual does not need
to be a licensed radon professional in order to perform
screening tests under this Section. A school district may
elect to have one or more employees from the district attend an
IEMA-OHS-approved IEMA-approved, Internet-based training
course on school testing in order to receive, from IEMA-OHS,
an exemption from being required to be a licensed radon
professional to conduct radon screening tests testing in
schools in that school district. These school district
employees must perform the measurements in accordance with
procedures approved by IEMA-OHS IEMA. If an exemption from
IEMA-OHS IEMA is not received, the school district must use a
licensed radon professional to conduct measurements.
(e) If the results of a radon screening test under this
Section are found to be 4.0 pCi/L or above, the school district
shall may hire a licensed radon professional to perform
confirmatory measurements before any mitigation decisions are
made. If the confirmatory measurements verify radon levels of

SB3645 - 3 - LRB103 38665 RJT 68802 b
4.0 pCi/L or above, the building shall are found, it is
recommended that affected areas be mitigated within 2 years by
a licensed radon mitigation professional with respect to both
design and installation. IEMA-OHS IEMA may provide the school
district with a list of licensed radon mitigation
professionals. However, no radon mitigation is required if the
school district has decommissioned or plans to decommission
the building within 2 years following the radon screening
test.
(e-5) Upon completion of any mitigation system
installation, radon measurements shall be conducted by a
licensed radon measurement professional pursuant to rules
established by IEMA-OHS to ensure mitigation system
performance. If the results of a radon screening test under
this Section are found to be 4.0 pCi/L or above, the system
shall be modified until the results of a radon screening test
under this Section are found to be below 4.0 pCi/L.
(f) A screening test under this Section may be done with a
test kit found in a hardware store, department store, or home
improvement store or with a kit ordered through the mail or
over the Internet. However, the kit must be provided by a
laboratory licensed in accordance with the Radon Industry
Licensing Act.
(g) A school district may use life safety funds, if
available, for radon testing and mitigation.
(h) A home rule unit may not regulate school radon issues

SB3645 - 4 - LRB103 38665 RJT 68802 b
in a manner that diminishes the school radon protections
provided under this Section. This Section is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)
(105 ILCS 5/34-18.39)
Sec. 34-18.39. Radon testing and mitigation.
(a) Every It is recommended that every occupied school
building of the 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 pursuant to rules
established by the Illinois Emergency Management Agency and
Office of Homeland Security (IEMA-OHS IEMA).
(b) All It is recommended that new schools of the 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 , as shown in the
United States Environmental Protection Agency document, Radon
Prevention in the Design and Construction of Schools and Other
Large Buildings.
(c) The school district shall may maintain, make available

SB3645 - 5 - LRB103 38665 RJT 68802 b
for public review, and notify parents and faculty of all test
results under this Section. The district shall report radon
test results to the State Board of Education, which shall
prepare a report every 2 years of the results from all schools
that have performed tests, to be submitted to the General
Assembly and the Governor.
(d) If IEMA exempts an individual from being required to
be a licensed radon professional, the individual does not need
to be a licensed radon professional in order to perform
screening tests under this Section. The school district may
elect to have one or more employees from the district attend an
IEMA-OHS-approved IEMA-approved, Internet-based training
course on school testing in order to receive, from IEMA-OHS,
an exemption from being required to be a licensed radon
professional to conduct radon screening tests testing in
schools in the school district. These school district
employees must perform the measurements in accordance with
procedures approved by IEMA-OHS IEMA. If an exemption from
IEMA-OHS IEMA is not received, the school district must use a
licensed radon professional to conduct measurements.
(e) If the results of a radon screening test under this
Section are found to be 4.0 pCi/L or above, the school district
shall may hire a licensed radon professional to perform
confirmatory measurements before any mitigation decisions are
made. If the confirmatory measurements verify radon levels of
4.0 pCi/L or above, the building shall are found, it is

SB3645 - 6 - LRB103 38665 RJT 68802 b
recommended that affected areas be mitigated within 2 years by
a licensed radon mitigation professional with respect to both
design and installation. IEMA-OHS IEMA may provide the school
district with a list of licensed radon mitigation
professionals. However, no radon mitigation is required if the
school district has decommissioned or plans to decommission
the building within 2 years following the radon screening
test.
(e-5) Upon completion of any mitigation system
installation, radon measurements shall be conducted by a
licensed radon measurement professional pursuant to rules
established by IEMA-OHS to ensure mitigation system
performance. If the results of a radon screening test under
this Section are found to be 4.0 pCi/L or above, the system
shall be modified until the results of a radon screening test
under this Section are found to be below 4.0 pCi/L.
(f) A screening test under this Section may be done with a
test kit found in a hardware store, department store, or home
improvement store or with a kit ordered through the mail or
over the Internet. However, the kit must be provided by a
laboratory licensed in accordance with the Radon Industry
Licensing Act.
(g) The school district may use life safety funds, if
available, for radon testing and mitigation.
(h) A home rule unit may not regulate school radon issues
in a manner that diminishes the school radon protections

SB3645 - 7 - LRB103 38665 RJT 68802 b