IL
Illinois Senate Bill SB2438

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2438 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2438 Introduced 2/7/2025, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.48105 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. LRB104 09880 LNS 19948 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2438 Introduced 2/7/2025, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.48105 ILCS 5/34-18.39 105 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. LRB104 09880 LNS 19948 b LRB104 09880 LNS 19948 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2438 Introduced 2/7/2025, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
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66 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.
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1212 1 AN ACT concerning education.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. References to Act. This Act may be referred to
1616 5 as the School Radon Protection Act.
1717 6 Section 5. Purpose. To protect children, teachers, staff,
1818 7 administrators and visitors from radioactive radon.
1919 8 Section 10. The School Code is amended by changing
2020 9 Sections 10-20.48 and 34-18.39 as follows:
2121 10 (105 ILCS 5/10-20.48)
2222 11 Sec. 10-20.48. Radon testing and mitigation.
2323 12 (a) Every It is recommended that every occupied school
2424 13 building of a school district that is occupied or will be
2525 14 occupied shall be tested by January 1, 2029 and shall be
2626 15 retested tested every 5 years thereafter for radon pursuant to
2727 16 rules established by the Illinois Emergency Management Agency
2828 17 and Office of Homeland Security (IEMA-OHS IEMA).
2929 18 (b) All It is recommended that new schools of a school
3030 19 district shall be built using radon resistant new construction
3131 20 techniques in accordance with the American National Standards
3232 21 Institute/American Association of Radon Scientists and
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3636 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2438 Introduced 2/7/2025, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
3737 105 ILCS 5/10-20.48105 ILCS 5/34-18.39 105 ILCS 5/10-20.48 105 ILCS 5/34-18.39
3838 105 ILCS 5/10-20.48
3939 105 ILCS 5/34-18.39
4040 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.
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6969 1 Technologists CC-1000, Soil Gas Control Systems in New
7070 2 Construction of Multifamily, School, Commercial and Mixed-Use
7171 3 Buildings standard or a successor standard , as shown in the
7272 4 United States Environmental Protection Agency document, Radon
7373 5 Prevention in the Design and Construction of Schools and Other
7474 6 Large Buildings.
7575 7 (c) Each school district shall may maintain, make
7676 8 available for public review, and notify parents and faculty of
7777 9 all test results under this Section. The district shall report
7878 10 radon test results to the State Board of Education, which
7979 11 shall prepare a report every 2 years of the results from all
8080 12 schools that have performed tests, to be submitted to the
8181 13 General Assembly and the Governor.
8282 14 (d) If IEMA exempts an individual from being required to
8383 15 be a licensed radon professional, the individual does not need
8484 16 to be a licensed radon professional in order to perform
8585 17 screening tests under this Section. A school district may
8686 18 elect to have one or more employees from the district attend an
8787 19 IEMA-OHS-approved IEMA-approved, Internet-based training
8888 20 course on school testing in order to receive, from IEMA-OHS,
8989 21 an exemption from being required to be a licensed radon
9090 22 professional to conduct radon screening tests testing in
9191 23 schools in that school district. These school district
9292 24 employees must perform the measurements in accordance with
9393 25 procedures approved by IEMA-OHS IEMA. If an exemption from
9494 26 IEMA-OHS IEMA is not received, the school district must use a
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105105 1 licensed radon professional to conduct measurements.
106106 2 (e) If the results of a radon screening test under this
107107 3 Section are found to be 4.0 pCi/L or above, the school district
108108 4 shall may hire a licensed radon professional to perform
109109 5 confirmatory measurements before any mitigation decisions are
110110 6 made. If the confirmatory measurements verify radon levels of
111111 7 4.0 pCi/L or above, the building shall are found, it is
112112 8 recommended that affected areas be mitigated within 2 years by
113113 9 a licensed radon mitigation professional with respect to both
114114 10 design and installation. IEMA-OHS IEMA may provide the school
115115 11 district with a list of licensed radon mitigation
116116 12 professionals. However, no radon mitigation is required if the
117117 13 school district has decommissioned or plans to decommission
118118 14 the building within 2 years following the radon screening
119119 15 test. The school district shall provide written documentation
120120 16 of plans to decommission to the State Board of Education. If
121121 17 abandonment or renovation does not take place within the 2
122122 18 years after the first failed radon test, the State Board of
123123 19 Education shall assess the situation and determine (i) any
124124 20 actions the school district must take and (ii) a schedule for
125125 21 those actions, including, but not limited to, a schedule that
126126 22 the school district must follow within a designated time to
127127 23 carry out the actions described in item (i).
128128 24 (e-5) Upon completion of any mitigation system
129129 25 installation, radon measurements shall be conducted by a
130130 26 licensed radon measurement professional pursuant to rules
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141141 1 established by IEMA-OHS to ensure mitigation system
142142 2 performance. If the results of a radon screening test under
143143 3 this Section are found to be 4.0 pCi/L or above, the system
144144 4 shall be modified until the results of a radon screening test
145145 5 under this Section are found to be below 4.0 pCi/L.
146146 6 (f) A screening test under this Section may be done with a
147147 7 test kit found in a hardware store, department store, or home
148148 8 improvement store or with a kit ordered through the mail or
149149 9 over the Internet. However, the kit must be provided by a
150150 10 laboratory licensed in accordance with the Radon Industry
151151 11 Licensing Act.
152152 12 (g) A school district may use life safety funds, if
153153 13 available, for radon testing and mitigation.
154154 14 (h) A home rule unit may not regulate school radon issues
155155 15 in a manner that diminishes the school radon protections
156156 16 provided under this Section. This Section is a limitation
157157 17 under subsection (i) of Section 6 of Article VII of the
158158 18 Illinois Constitution on the concurrent exercise by home rule
159159 19 units of powers and functions exercised by the State.
160160 20 (Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)
161161 21 (105 ILCS 5/34-18.39)
162162 22 Sec. 34-18.39. Radon testing and mitigation.
163163 23 (a) Every It is recommended that every occupied school
164164 24 building of the school district that is occupied or will be
165165 25 occupied shall be tested by January 1, 2029 and shall be tested
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176176 1 every 5 years thereafter for radon pursuant to rules
177177 2 established by the Illinois Emergency Management Agency and
178178 3 Office of Homeland Security (IEMA-OHS IEMA).
179179 4 (b) All It is recommended that new schools of the school
180180 5 district shall be built using radon resistant new construction
181181 6 techniques in accordance with the American National Standards
182182 7 Institute/American Association of Radon Scientists and
183183 8 Technologists CC-1000, Soil Gas Control Systems in New
184184 9 Construction of Multifamily, School, Commercial and Mixed-Use
185185 10 Buildings standard or a successor standard , as shown in the
186186 11 United States Environmental Protection Agency document, Radon
187187 12 Prevention in the Design and Construction of Schools and Other
188188 13 Large Buildings.
189189 14 (c) The school district shall may maintain, make available
190190 15 for public review, and notify parents and faculty of all test
191191 16 results under this Section. The district shall report radon
192192 17 test results to the State Board of Education, which shall
193193 18 prepare a report every 2 years of the results from all schools
194194 19 that have performed tests, to be submitted to the General
195195 20 Assembly and the Governor.
196196 21 (d) If IEMA exempts an individual from being required to
197197 22 be a licensed radon professional, the individual does not need
198198 23 to be a licensed radon professional in order to perform
199199 24 screening tests under this Section. The school district may
200200 25 elect to have one or more employees from the district attend an
201201 26 IEMA-OHS-approved IEMA-approved, Internet-based training
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212212 1 course on school testing in order to receive, from IEMA-OHS,
213213 2 an exemption from being required to be a licensed radon
214214 3 professional to conduct radon screening tests testing in
215215 4 schools in the school district. These school district
216216 5 employees must perform the measurements in accordance with
217217 6 procedures approved by IEMA-OHS IEMA. If an exemption from
218218 7 IEMA-OHS IEMA is not received, the school district must use a
219219 8 licensed radon professional to conduct measurements.
220220 9 (e) If the results of a radon screening test under this
221221 10 Section are found to be 4.0 pCi/L or above, the school district
222222 11 shall may hire a licensed radon professional to perform
223223 12 confirmatory measurements before any mitigation decisions are
224224 13 made. If the confirmatory measurements verify radon levels of
225225 14 4.0 pCi/L or above, the building shall are found, it is
226226 15 recommended that affected areas be mitigated within 2 years by
227227 16 a licensed radon mitigation professional with respect to both
228228 17 design and installation. IEMA-OHS IEMA may provide the school
229229 18 district with a list of licensed radon mitigation
230230 19 professionals. However, no radon mitigation is required if the
231231 20 school district has decommissioned or plans to decommission
232232 21 the building within 2 years following the radon screening
233233 22 test. If abandonment or renovation does not take place within
234234 23 the 2 years after the first failed radon test, the State Board
235235 24 of Education shall assess the situation and determine (i) any
236236 25 actions the school district must take and (ii) a schedule for
237237 26 those actions, including, but not limited to, a schedule that
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