HB 289 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in grounds and buildings, providing for radon testing.

PRINTER'S NO.   234

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 289
                                                Session of
                                                  2025

     INTRODUCED BY BRIGGS, ORTITAY, GIRAL, HILL-EVANS, PIELLI,
        HADDOCK, FREEMAN, McNEILL, SANCHEZ, KUZMA, DONAHUE,
        SCHLOSSBERG, NEILSON, CIRESI, FIEDLER, SHUSTERMAN, DEASY,
        GREEN, CEPEDA-FREYTIZ AND CERRATO, JANUARY 23, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, JANUARY 23, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in grounds and buildings, providing
 6      for radon testing.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding a
11   section to read:
12      Section 743.    Radon Testing.--(a)   Beginning in the 2026-2027
13   school year and thereafter as provided under this section:
14      (1)   Each existing school building shall be tested for radon
15   gas.
16      (2)   If the test result is at least four (4) picocuries per
17   liter of air, the school building shall be mitigated and
18   retested until the radon levels are less than four (4)
 1   picocuries per liter of air.
 2      (b)   The following shall apply to the initial testing of a
 3   school building's radon gas levels:
 4      (1)   The initial testing of a school building's radon gas
 5   levels shall occur within one (1) year of the effective date of
 6   this clause or within one year of completion of the building's
 7   construction, whichever is later.
 8      (2)   If the testing of a school building's radon gas levels
 9   does not identify any radon gas levels at or above four (4)
10   picocuries per liter of air, the school building must be
11   retested every five (5) years or when the school building
12   receives major structural, foundational or HVAC renovations or
13   repairs, whichever is sooner.
14      (3)   If the testing of a school building's radon gas levels
15   identifies any radon gas levels at or above four (4) picocuries
16   per liter of air, the school building must be retested every two
17   (2) years.
18      (c)   Radon gas testing shall be performed in accordance with
19   the version of ANSI-AARST MA-MFLB Protocol for Conducting
20   Measurements of Radon and Radon Decay Products in Multifamily,
21   School, Commercial and Mixed-Use Buildings in effect on the
22   effective date of this subsection.
23      (d)   Radon gas testing shall be performed by an individual
24   who is certified under the act of July 9, 1987 (P.L.238, No.43),
25   known as the "Radon Certification Act."
26      (e)   The following shall apply to radon gas mitigation:
27      (1)   If radon gas testing results for a room or occupied area
28   in a school building indicate that the radon level is at least
29   four (4) picocuries per liter of air, the school building shall
30   be mitigated and retested until the radon levels are less than

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 1   four (4) picocuries per liter of air.
 2      (2)     Radon gas mitigation shall be performed by an individual
 3   who is certified under the "Radon Certification Act" by the
 4   Department of Environmental Protection. Retesting of mitigated
 5   buildings shall be performed as provided under clause (1) and
 6   every two (2) years thereafter by an individual who is certified
 7   under the "Radon Certification Act" by the Department of
 8   Environmental Protection.
 9      (3)     Operation, maintenance and monitoring of the radon gas
10   mitigation system shall comply with the radon mitigation
11   standards provided under the current version of the ANSI-AARST
12   SGM-MFLB Soil Gas Mitigation Standards for Existing Multifamily,
13   School, Commercial and Mixed-Use Buildings in effect on the
14   effective date of this clause.
15      (4)     Radon gas mitigation system installations shall be
16   completed within six (6) months of confirmatory radon gas
17   testing.
18      (f)     Initial radon testing results, mitigation plans and
19   radon testing results conducted after radon mitigation shall be
20   reported within sixty (60) days after the information has been
21   received by the school entity as follows:
22      (1)     By presentation to the governing body of a school entity
23   at a public meeting of the governing body of a school entity.
24      (2)     By communication by the governing body of a school
25   entity to the parents' organization, if one exists.
26      (3)     By communication by the governing body of a school
27   entity to the teachers' union or other employe organization.
28      (4)     By posting on the school district's publicly accessible
29   Internet website and social media.
30      (5)     By submitting a report to the Radon Division of the

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 1   Bureau of Radiation Protection of the Department of
 2   Environmental Protection, the State Board of Education, the
 3   Department of Education and the county health department.
 4      (g)   Each new school building shall be built using radon-
 5   resistant new construction techniques according to the version
 6   of the ANSI-AARST CC-1000: Soil Gas Control Systems in New
 7   Construction of Buildings in effect on the effective date of
 8   this subsection.
 9      (h)   As used in this section, the following words and phrases
10   shall have the meanings given to them in this subsection unless
11   the context clearly indicates otherwise:
12      "Employe organization."    As defined in section 1101-A.
13      "Governing body of a school entity."    The board of school
14   directors of a school district or any other governing entity of
15   a school entity.
16      "HVAC."    Heating, ventilation and air conditioning system.
17      "Parents' organization."    An organized group, collective or
18   agency of parents and legal guardians of the students in a
19   school building or school entity.
20      "Radon."   The radioactive noble gas radon 222.
21      "School entity."    A school district, charter school, cyber
22   charter school, regional charter school, intermediate unit, area
23   career and technical school, private school or nonpublic school.
24      Section 2.   This act shall take effect in 120 days.




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