Illinois General Assembly - Full Text of Public Act 096-0417
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Public Act 096-0417


 

Public Act 0417 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0417
 
HB4223 Enrolled LRB096 09709 NHT 19872 b

    AN ACT concerning radon.
 
 
    WHEREAS, The Surgeon General of the United States issued a
Health Advisory in 2005 warning Americans about the health risk
from exposure to radon in indoor air; and
 
    WHEREAS, Indoor radon is the second-leading cause of lung
cancer in the United States, and breathing it over prolonged
periods can present a significant health risk to families all
over the country; and
 
    WHEREAS, The nation's chief physician urged Americans to
test their homes to find out how much radon they might be
breathing; and
 
    WHEREAS, The United States Environmental Protection
Agency, National Academy of Sciences, and the Surgeon General
estimate that 21,000 radon-related lung cancer deaths occur
annually in the United States, as many as 1,100 of those in
this State; and
 
    WHEREAS, Results of 96,000 home measurements conducted by
professional contractors and homeowners between 2003 and 2008
submitted to the Illinois Emergency Management Agency show that
40% of homes tested in this State had radon levels above the
4.0 picocuries per liter (pCi/L) action level; therefore
 
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Sections
10-20.46 and 34-18.37 as follows:
 
    (105 ILCS 5/10-20.46 new)
    Sec. 10-20.46. Radon testing.
    (a) It is recommended that every occupied school building
of a school district be tested every 5 years for radon pursuant
to rules established by the Illinois Emergency Management
Agency (IEMA).
    (b) It is recommended 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.
    (c) Each school district may maintain, make available for
review, and notify parents and faculty of 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-approved, Internet-based training course on school
testing in order to receive an exemption to conduct testing in
that school district. These school district employees must
perform the measurements in accordance with procedures
approved by IEMA. If an exemption from 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
may hire a licensed radon professional to perform measurements
before any mitigation decisions are made. If radon levels of
4.0 pCi/L or above are found, it is recommended that affected
areas be mitigated by a licensed radon mitigation professional
with respect to both design and installation. IEMA may provide
the school district with a list of licensed radon mitigation
professionals.
    (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.
 
    (105 ILCS 5/34-18.37 new)
    Sec. 34-18.37. Radon testing.
    (a) It is recommended that every occupied school building
of the school district be tested every 5 years for radon
pursuant to rules established by the Illinois Emergency
Management Agency (IEMA).
    (b) It is recommended that new schools of the 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.
    (c) The school district may maintain, make available for
review, and notify parents and faculty of 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-approved, Internet-based training course on school
testing in order to receive an exemption to conduct testing in
the school district. These school district employees must
perform the measurements in accordance with procedures
approved by IEMA. If an exemption from 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
may hire a licensed radon professional to perform measurements
before any mitigation decisions are made. If radon levels of
4.0 pCi/L or above are found, it is recommended that affected
areas be mitigated by a licensed radon mitigation professional
with respect to both design and installation. IEMA may provide
the school district with a list of licensed radon mitigation
professionals.
    (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.

Effective Date: 1/1/2010