SB2438sam001 104TH GENERAL ASSEMBLY

Sen. Laura Ellman

Filed: 4/4/2025

10400SB2438sam001 LRB104 09880 LNS 24973 a

AMENDMENT TO SENATE BILL 2438

AMENDMENT NO. ______. Amend Senate Bill 2438 by replacing everything after the enacting clause with the following:

"Section 1. This Act may be referred to as the School Radon Protection Act.

Section 5. Purpose. The purpose of this Act is to protect children, teachers, staff, administrators, and visitors from radioactive radon.

Section 10. 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, 2029 and shall be retested 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) It is recommended that school districts use new schools of a school district be built using radon resistant new construction techniques in the construction of new schools. The radon resistant techniques shall be in accordance with IEMA-OHS , as shown in the United States Environmental Protection Agency document, Radon Prevention in the Design and Construction of Schools and Other Large Buildings.

(c) Each school district 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 4.0 pCi/L or above are found, the it is recommended that affected areas shall 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 or affected areas within 2 years following the radon screening test. The school district shall provide written documentation of plans to decommission to the State Board of Education. If abandonment or renovation does not take place within the 2 years after the first failed radon screening test, the State Board of Education shall assess the situation and determine (i) any actions the school district must take and (ii) a schedule for those actions, including, but not limited to, a schedule that the school district must follow within a designated time to carry out the actions described in item (i).

(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. No later than January 1, 2027, the State Board of Education shall publicly post on its website available State or federal grants, appropriations, or other funding available that could be used by school districts for radon testing and mitigation.

(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.

(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, 2029 and shall be retested 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) It is recommended that new schools of the school district use be built using radon resistant new construction techniques in the construction of new schools. The radon resistant techniques shall be in accordance with IEMA-OHS , 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 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. 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 are found, the it is recommended that affected areas shall 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 or affected areas within 2 years following the radon screening test. The school district shall provide written documentation of plans to decommission to the State Board of Education. If abandonment or renovation does not take place within the 2 years after the first failed radon screening test, the State Board of Education shall assess the situation and determine (i) any actions the school district must take and (ii) a schedule for those actions, including, but not limited to, a schedule that the school district must follow within a designated time to carry out the actions described in item (i).

(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 systems 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. No later than January 1, 2027, the State Board of Education shall publicly post on its website available State or federal grants, appropriations, or other funding available that could be used by school districts for radon testing and mitigation.

(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)".