Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB497 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 453 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL 
No.497 
Session of 
2025 
INTRODUCED BY TARTAGLIONE, COMITTA, HUGHES, COLLETT, HAYWOOD, 
FONTANA, SCHWANK, COSTA, KANE, MILLER AND MASTRIANO, 
MARCH 21, 2025 
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 21, 2025 
AN ACT
Providing for testing for dangerous levels of radon and 
remediation measures in school buildings, residential 
buildings, residential homes and commercial buildings; and 
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Short title.
This act shall be known and may be cited as the Radon 
Remediation Act.
Section 2.  Definitions.
The following words and phrases when used in this act shall 
have the meanings given to them in this section unless the 
context clearly indicates otherwise:
"Commercial building." A building constructed for the 
purpose of commercial activity that is available to the general 
public.
"Dangerous level of radon."  A level of radon above four 
picocuries per liter.
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18 "Department."  The Department of Environmental Protection of 
the Commonwealth.
"Prospective buyer."  An individual seeking to buy any estate 
or interest in a residential home for the purpose of occupying 
the residential home for residential purposes.
"Prospective tenant."  An individual seeking to lease a 
dwelling unit contained in a residential building for the 
purpose of occupying the dwelling unit for residential purposes.
"Radon test."  A test that determines if a dangerous level of 
radon is present.
"Remediation measure."  A measure taken to remediate a 
dangerous level of radon in accordance with guidelines 
established by the United States Environmental Protection 
Agency.
"Residential building."  A building containing one or more 
dwelling units occupied by one or more tenants for residential 
purposes. The term does not include nursing homes, hotels and 
motels or any dwelling of which the landlord ratepayer is the 
only resident.
"Residential home."  A purchased or mortgaged property that 
is used for residential purposes.
"School building."  A building owned by or under the control 
of a school entity where classes are taught or extracurricular 
activities are conducted on a regular basis.
"School entity."  Any of the following:
(1)  A public school, including an area career and 
technical school, a charter school, a cyber charter school, 
an intermediate unit or a school district.
(2)  A nonpublic school.
Section 3.  Duties of school directors.
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30 (a)  Initial testing.--
(1)  The board of school directors of each school 
district shall ensure that a radon test is conducted in each 
school building.
(2)  Radon tests in each school building shall be 
completed as follows:
(i)  Except as provided under subparagraph (iii), for 
a school building in existence on the effective date of 
this section, by June 30, 2027.
(ii)  For a school building constructed after the 
effective date of this section, within 19 months of the 
date of occupancy.
(iii)  For a school building in existence on the 
effective date of this section, but remodeled after the 
effective date of this section, within 19 months of the 
date of completion of the remodeling.
(b)  Remediation measures.--The board of school directors, in 
accordance with section 701 of the act of March 10, 1949 
(P.L.30, No.14), known as the Public School Code of 1949, shall 
take all of the following actions:
(1)  No later than 10 business days before the start of 
the school year, provide notice to the parents or guardians 
of students of all of the following:
(i)  The date the radon tests were conducted in each 
school building of the school district.
(ii)  The highest radon level recorded in each school 
building.
(iii)  A statement, if applicable, that no radon 
tests were conducted in a particular school building.
(iv)  A statement that the United States 
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30 Environmental Protection Agency considers radon levels 
above four picocuries per liter to be potentially 
dangerous.
(2)  If a school building contains a dangerous level of 
radon, prohibit students from entering the school building 
until remediation measures are implemented and a subsequent 
radon test is conducted in the school building which does not 
detect a dangerous level of radon.
(3)  If a school building contains a dangerous level of 
radon, ensure that remediation measures are implemented and a 
subsequent radon test is conducted in the school building 
which does not detect a dangerous level of radon.
(c)  Subsequent radon tests.--The board of school directors 
shall continue to conduct radon tests in each school building of 
the school district every five years after the initial radon 
tests under subsection (a) are conducted.
(d)  Test results.--The results of radon tests in each school 
building shall be on file and available for review at each 
school entity.
(e)  Certification.--In accordance with the rules adopted and 
regulations promulgated by the department under section 7, each 
board of school directors shall certify to the department that 
the board of school directors is in compliance with this 
section.
Section 4.  Duties of landlords.
(a)  Testing.--
(1)  Before permitting a prospective tenant to occupy or 
lease a dwelling unit in a residential building, each 
landlord shall ensure that a radon test is conducted in the 
dwelling unit.
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30 (2)  Radon tests in a dwelling unit in a residential 
building shall be completed as follows:
(i)  Except as provided under subparagraph (iii), for 
a residential building in existence on the effective date 
of this section, by June 30, 2027.
(ii)  For a residential building constructed after 
the effective date of this section, within 19 months of 
the date of occupancy.
(iii)  For a residential building in existence on the 
effective date of this section, but remodeled after the 
effective date of this section, within 19 months of the 
date of completion of the remodeling.
(b)  Remediation measures.--Landlords shall take all of the 
following actions:
(1)  No later than 10 business days before a prospective 
tenant occupies a dwelling unit in a residential building, 
provide notice to the prospective tenant of all of the 
following:
(i)  The date the radon test was conducted in the 
prospective dwelling unit.
(ii)  The highest radon level recorded in the 
prospective dwelling unit.
(iii)  A statement, if applicable, that no radon test 
was conducted in the prospective dwelling unit.
(iv)  A statement that the United States 
Environmental Protection Agency considers radon levels 
above four picocuries per liter to be potentially 
dangerous.
(2)  If the dwelling unit contains a dangerous level of 
radon, prohibit the prospective tenant from entering or 
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30 leasing the dwelling unit until remediation measures are 
implemented and a subsequent radon test is conducted in the 
dwelling unit which does not detect a dangerous level of 
radon.
(3)  If the dwelling unit contains a dangerous level of 
radon, ensure that remediation measures are implemented and a 
subsequent radon test is conducted in the dwelling unit which 
does not detect a dangerous level of radon.
(c)  Subsequent radon tests.--Landlords shall continue to 
conduct radon tests in each dwelling unit of a residential 
building every five years after the initial tests under 
subsection (a) are conducted.
(d)  Test results.--The results of radon tests in each 
dwelling unit of a residential building shall be on file and 
available for review at the residential building.
(e)  Certification.--In accordance with the rules adopted and 
regulations promulgated by the department under section 7, each 
landlord shall certify to the department that the landlord is in 
compliance with the provisions of this section.
Section 5.  Duties of residential home sellers.
(a)  Testing.--
(1)  Before selling a residential home to a prospective 
buyer, the seller of the residential home shall ensure that a 
radon test is conducted in the residential home.
(2)  Radon tests in a residential home shall be completed 
as follows:
(i)  Except as provided under subparagraph (iii), for 
a residential home in existence on the effective date of 
this section, by June 30, 2027.
(ii)  For a residential home constructed after the 
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30 effective date of this section, within 19 months of the 
date of occupancy.
(iii)  For a residential home in existence on the 
effective date of this section but remodeled after the 
effective date of this section, within 19 months of the 
date of completion of the remodeling.
(b)  Remediation measures.--Sellers of a residential home 
shall take all of the following actions:
(1)  No later than 10 days before the prospective buyer 
occupies the residential home, provide notice to the 
prospective buyer of all of the following:
(i)  The date the radon test was conducted in the 
residential home.
(ii)  The highest radon level recorded in the 
residential home.
(iii)  A statement, if applicable, that no radon test 
was conducted in the residential home.
(iv)  A statement that the United States 
Environmental Protection Agency considers radon levels 
above four picocuries per liter to be potentially 
dangerous.
(2)  If the residential home contains a dangerous level 
of radon, prohibit the prospective buyer from entering or 
purchasing the residential home until remediation measures 
are implemented and a subsequent radon test is conducted in 
the residential home which does not detect a dangerous level 
of radon.
(3)  If the residential home contains a dangerous level 
of radon, ensure that remediation measures are implemented 
and a subsequent radon test is conducted in the residential 
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30 home which does not detect a dangerous level of radon.
(c)  Test results.--The results of the radon tests in the 
residential home shall be available to the prospective buyer for 
review.
(d)  Certification.--In accordance with the rules adopted and 
regulations promulgated by the department under section 7, each 
seller of the residential home shall certify to the department 
that the seller is in compliance with the provisions of this 
section.
Section 6.  Duties of commercial building owners.
(a)  Testing.--
(1)  Before permitting the general public from entering a 
commercial building, the owner of the commercial building 
shall ensure that a radon test is conducted in the commercial 
building.
(2)  Radon tests in a commercial building shall be 
completed as follows:
(i)  Except as provided under subparagraph (iii), for 
a commercial building in existence on the effective date 
of this section, by June 30, 2027.
(ii)  For a commercial building constructed after the 
effective date of this section, within 19 months of the 
date of occupancy.
(iii)  For a commercial building in existence on the 
effective date of this section but remodeled after the 
effective date of this section, within 19 months of the 
date of completion of the remodeling.
(b)  Remediation measures.--Owners of commercial buildings 
shall take all of the following actions:
(1)  Provide notice to the general public in a local 
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30 online publication of all of the following:
(i)  The date the radon test was conducted in the 
commercial building.
(ii)  The highest radon level recorded in the 
commercial building.
(iii)  A statement, if applicable, that no radon test 
was conducted in the commercial building.
(iv)  A statement that the United States 
Environmental Protection Agency considers radon levels 
above four picocuries per liter to be potentially 
dangerous.
(2)  If the commercial building contains a dangerous 
level of radon, prohibit the general public from entering the 
commercial building until remediation measures are 
implemented and a subsequent radon test is conducted in the 
commercial building which does not detect a dangerous level 
of radon.
(3)  If the commercial building contains a dangerous 
level of radon, ensure that remediation measures are 
implemented and a subsequent radon test is conducted in the 
commercial building which does not detect a dangerous level 
of radon.
(c)  Subsequent tests.--The owner of a commercial building 
shall continue to conduct radon tests in the commercial building 
every five years after the initial test under subsection (a) is 
conducted.
(d)  Test results.--The results of the radon tests shall be 
on file and available for review at the commercial building.
(e)  Certification.--In accordance with rules adopted and 
regulations promulgated by the department under section 7, each 
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30 owner of a commercial building shall certify to the department 
that the owner is in compliance with the provisions of this 
section.
Section 7.  Rules and regulations.
The department shall adopt rules and promulgate regulations 
to administer and enforce this act.
Section 8.  Penalties.
An individual who violates any provision of this act or the 
rules and regulations adopted under section 7 may be subject to 
29 U.S.C. Ch. 15 (relating to occupational safety and health).
Section 9.  Effective date.
This act shall take effect in 60 days.
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