Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB289 Latest Draft

Bill / Introduced Version

                             
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
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 
act relating to the public school system, including certain 
provisions applicable as well to private and parochial 
schools; amending, revising, consolidating and changing the 
laws relating thereto," in grounds and buildings, providing 
for radon testing.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  The act of March 10, 1949 (P.L.30, No.14), known 
as the Public School Code of 1949, is amended by adding a 
section to read:
Section 743.  Radon Testing.--(a)  Beginning in the 2026-2027 
school year and thereafter  	as provided under this section 	: 
(1)  Each existing school building shall be tested for radon 
gas.
(2)  If the test result is at least four (4) picocuries per 
liter of air, the school building shall be mitigated and 
retested until the radon levels are less than four (4) 
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18 picocuries per liter of air.
(b)  The following shall apply to the initial testing of a 
school building's radon gas levels:
(1)  The initial testing of a school building's radon gas 
levels shall occur within one (1) year of the effective date of 
this  clause  or within one year of completion of the building's  
construction, whichever is later 	. 
(2)  If the testing of a school building's radon gas levels 
does not identify any radon gas levels at or above four (4) 
picocuries per liter of air, the school building must be 
retested every five (5) years or when the school building 
receives major structural, foundational or HVAC renovations or 
repairs, whichever is sooner.
(3)  If the testing of a school building's radon gas levels 
identifies any radon gas levels at or above four (4) picocuries 
per liter of air, the school building must be retested every two 
(2) years.
(c)  Radon gas testing shall be performed in accordance with 
the version of ANSI-AARST MA-MFLB  	Protocol for Conducting  
Measurements of Radon and Radon Decay Products in Multifamily, 
School, Commercial and Mixed-Use Buildings  in effect on the  
effective date of this subsection.
(d)  Radon gas testing shall be performed by an individual 
who is certified under the act of July 9, 1987 (P.L.238, No.43), 
known as the "Radon Certification Act."
(e)  The following shall apply to radon gas mitigation:
(1)  If radon gas testing results for a room or occupied area 
in a school building indicate that the radon level is at least 
four (4) picocuries per liter of air, the school building shall 
be mitigated and retested until the radon levels are less than 
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30 four (4) picocuries per liter of air.
(2)  Radon  gas mitigation shall be performed by an individual  
who is certified under the "Radon Certification Act" by the 
Department of Environmental Protection. Retesting of mitigated 
buildings shall be performed as provided under clause (1) and 
every two (2) years thereafter by an individual who is certified 
under the "Radon Certification Act" by the   Department of 
Environmental Protection 	. 
(3)  Operation, maintenance and monitoring of the radon gas 
mitigation system shall comply with the radon mitigation 
standards provided under the current version of the  	ANSI-AARST 
SGM-MFLB Soil Gas Mitigation Standards for Existing Multifamily, 
School, Commercial and Mixed-Use Buildings  in effect on the  
effective date of this clause.
(4)   Radon gas mitigation system installations shall be  
completed within six (6) months of confirmatory radon gas 
testing.
(f)  Initial radon testing results, mitigation plans and 
radon testing results conducted after radon mitigation shall be 
reported within sixty (60) days after the information has been 
received by the school entity as follows:
(1)  By presentation to the governing body of a school entity 
at a public meeting of the governing body of a school entity.
(2)  By communication by the governing body of a school 
entity to the parents' organization, if one exists.
(3)  By communication by the governing body of a school 
entity to the teachers' union or other employe organization.
(4)  By posting on the school district's publicly accessible 
Internet website and social media.
(5)  By submitting a report to the Radon Division of the 
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30 Bureau of Radiation Protection of the Department of 
Environmental Protection, the State Board of Education, the 
Department of Education and the county health department.
(g)  Each new school building shall be built using radon-
resistant new construction techniques according to the version 
of the ANSI-AARST CC-1000: Soil Gas Control Systems in New 
Construction of Buildings  	in effect on the effective date of  
this subsection 	. 
(h)  As used in this section, the following words and phrases 
shall have the meanings given to them in this subsection unless 
the context clearly indicates otherwise:
"Employe organization."  As defined in section 1101-A.
"Governing body of a school entity."  The board of school 
directors of a school district or any other governing entity of 
a school entity.
"HVAC."  Heating, ventilation and air conditioning system.
"Parents' organization."  An organized group, collective or 
agency of parents and legal guardians of the students in a 
school building or school entity.
"Radon."  The radioactive noble gas radon 222.
"School entity."  A school district, charter school, cyber 
charter school, regional charter school, intermediate unit, area 
career and technical school, private school or nonpublic school.
Section 2.  This act shall take effect in 120 days.
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