SB2438 104TH GENERAL ASSEMBLY

LRB104 09880 LNS 19948 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2438

Introduced 2/7/2025, 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, 2029 and shall be retested 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.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

Section 5. Purpose. 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) 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.

(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 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. 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 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.

(h) A home rule unit may not regulate school radon issues 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, 2029 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 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 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. If abandonment or renovation does not take place within the 2 years after the first failed radon 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) 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 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.)