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Full Text of HB3691
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HB3691 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3691
Introduced 2/18/2025, by Rep. Ann M. Williams, Anne Stava-Murray, Diane Blair-Sherlock and Dagmara Avelar
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.
LRB104 09881 LNS 19949 b
A BILL FOR
HB3691
LRB104 09881 LNS 19949 b
1
AN ACT concerning education.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
References to Act.
This Act may be referred to
5
as the School Radon Protection Act.
6
Section 5.
Purpose.
To protect children, teachers, staff,
7
administrators and visitors from radioactive radon.
8
Section 10.
The School Code is amended by changing
9
Sections 10-20.48 and 34-18.39 as follows:
10
(105 ILCS 5/10-20.48)
11
Sec. 10-20.48.
Radon testing
and mitigation
.
12
(a)
Every
It is recommended that every occupied
school
13
building of a school district
that is occupied or will be
14
occupied shall be tested by January 1, 2029 and shall
be
15
retested
tested
every 5 years
thereafter
for radon pursuant to
16
rules established by the Illinois Emergency Management Agency
17
and Office of Homeland Security
(
IEMA-OHS
IEMA
).
18
(b)
All
It is recommended that
new schools of a school
19
district
shall
be built using radon resistant new construction
20
techniques
in accordance with the American National Standards
21
Institute/American Association of Radon Scientists and
HB3691
- 2 -
LRB104 09881 LNS 19949 b
1
Technologists CC-1000, Soil Gas Control Systems in New
2
Construction of Multifamily, School, Commercial and Mixed-Use
3
Buildings standard or a successor standard
, as shown in the
4
United States Environmental Protection Agency document, Radon
5
Prevention in the Design and Construction of Schools and Other
6
Large Buildings
.
7
(c) Each school district
shall
may
maintain, make
8
available for
public
review, and notify parents and faculty of
9
all
test results under this Section. The district shall report
10
radon test results to the State Board of Education, which
11
shall prepare a report every 2 years of the results from all
12
schools that have performed tests, to be submitted to the
13
General Assembly and the Governor.
14
(d)
If IEMA exempts an individual from being required to
15
be a licensed radon professional, the individual does not need
16
to be a licensed radon professional in order to perform
17
screening tests under this Section.
A school district may
18
elect to have one or more employees from the district attend an
19
IEMA-OHS-approved
IEMA-approved
, Internet-based training
20
course on school testing in order to receive
, from IEMA-OHS,
21
an exemption
from being required to be a licensed radon
22
professional
to conduct
radon screening tests
testing
in
23
schools in
that school district. These school district
24
employees must perform the measurements in accordance with
25
procedures approved by
IEMA-OHS
IEMA
. If an exemption from
26
IEMA-OHS
IEMA
is not received, the school district must use a
HB3691
- 3 -
LRB104 09881 LNS 19949 b
1
licensed radon professional to conduct measurements.
2
(e) If the results of a radon screening test under this
3
Section are found to be 4.0 pCi/L or above, the school district
4
shall
may
hire a licensed radon professional to perform
5
confirmatory
measurements
before any mitigation decisions are
6
made
. If
the confirmatory measurements verify
radon levels of
7
4.0 pCi/L or above
, the building shall
are found, it is
8
recommended that affected areas
be mitigated
within 2 years
by
9
a licensed radon mitigation professional
with respect to both
10
design and installation
.
IEMA-OHS
IEMA
may provide the school
11
district with a list of licensed radon mitigation
12
professionals.
However, no radon mitigation is required if the
13
school district has decommissioned or plans to decommission
14
the building within 2 years following the radon screening
15
test. The school district shall provide written documentation
16
of plans to decommission to the State Board of Education. If
17
abandonment or renovation does not take place within the 2
18
years after the first failed radon test, the State Board of
19
Education shall assess the situation and determine (i) any
20
actions the school district must take and (ii) a schedule for
21
those actions, including, but not limited to, a schedule that
22
the school district must follow within a designated time to
23
carry out the actions described in item (i).
24
(e-5) Upon completion of any mitigation system
25
installation, radon measurements shall be conducted by a
26
licensed radon measurement professional pursuant to rules
HB3691
- 4 -
LRB104 09881 LNS 19949 b
1
established by IEMA-OHS to ensure mitigation system
2
performance. If the results of a radon screening test under
3
this Section are found to be 4.0 pCi/L or above, the system
4
shall be modified until the results of a radon screening test
5
under this Section are found to be below 4.0 pCi/L.
6
(f) A screening test under this Section may be done with a
7
test kit found in a hardware store, department store, or home
8
improvement store or with a kit ordered through the mail or
9
over the Internet. However, the kit must be provided by a
10
laboratory licensed in accordance with the Radon Industry
11
Licensing Act.
12
(g) A school district may use life safety funds, if
13
available, for radon testing and mitigation.
14
(h) A home rule unit may not regulate school radon issues
15
in a manner that diminishes the school radon protections
16
provided under this Section. This Section is a limitation
17
under subsection (i) of Section 6 of Article VII of the
18
Illinois Constitution on the concurrent exercise by home rule
19
units of powers and functions exercised by the State.
20
(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)
21
(105 ILCS 5/34-18.39)
22
Sec. 34-18.39.
Radon testing
and mitigation
.
23
(a)
Every
It is recommended that every occupied
school
24
building of the school district
that is occupied or will be
25
occupied shall be tested by January 1, 2029 and shall
be tested
HB3691
- 5 -
LRB104 09881 LNS 19949 b
1
every 5 years
thereafter
for radon pursuant to rules
2
established by the Illinois Emergency Management Agency
and
3
Office of Homeland Security
(
IEMA-OHS
IEMA
).
4
(b)
All
It is recommended that
new schools of the school
5
district
shall
be built using radon resistant new construction
6
techniques
in accordance with the American National Standards
7
Institute/American Association of Radon Scientists and
8
Technologists CC-1000, Soil Gas Control Systems in New
9
Construction of Multifamily, School, Commercial and Mixed-Use
10
Buildings standard or a successor standard
, as shown in the
11
United States Environmental Protection Agency document, Radon
12
Prevention in the Design and Construction of Schools and Other
13
Large Buildings
.
14
(c) The school district
shall
may
maintain, make available
15
for
public
review, and notify parents and faculty of
all
test
16
results under this Section. The district shall report radon
17
test results to the State Board of Education, which shall
18
prepare a report every 2 years of the results from all schools
19
that have performed tests, to be submitted to the General
20
Assembly and the Governor.
21
(d)
If IEMA exempts an individual from being required to
22
be a licensed radon professional, the individual does not need
23
to be a licensed radon professional in order to perform
24
screening tests under this Section.
The school district may
25
elect to have one or more employees from the district attend an
26
IEMA-OHS-approved
IEMA-approved
, Internet-based training
HB3691
- 6 -
LRB104 09881 LNS 19949 b
1
course on school testing in order to receive
, from IEMA-OHS,
2
an exemption
from being required to be a licensed radon
3
professional
to conduct
radon screening tests
testing
in
4
schools in
the school district. These school district
5
employees must perform the measurements in accordance with
6
procedures approved by
IEMA-OHS
IEMA
. If an exemption from
7
IEMA-OHS
IEMA
is not received, the school district must use a
8
licensed radon professional to conduct measurements.
9
(e) If the results of a radon screening test under this
10
Section are found to be 4.0 pCi/L or above, the school district
11
shall
may
hire a licensed radon professional to perform
12
confirmatory
measurements
before any mitigation decisions are
13
made
. If
the confirmatory measurements verify
radon levels of
14
4.0 pCi/L or above
, the building shall
are found, it is
15
recommended that affected areas
be mitigated
within 2 years
by
16
a licensed radon mitigation professional
with respect to both
17
design and installation
.
IEMA-OHS
IEMA
may provide the school
18
district with a list of licensed radon mitigation
19
professionals.
However, no radon mitigation is required if the
20
school district has decommissioned or plans to decommission
21
the building within 2 years following the radon screening
22
test. If abandonment or renovation does not take place within
23
the 2 years after the first failed radon test, the State Board
24
of Education shall assess the situation and determine (i) any
25
actions the school district must take and (ii) a schedule for
26
those actions, including, but not limited to, a schedule that
HB3691
- 7 -
LRB104 09881 LNS 19949 b
1
the school district must follow within a designated time to
2
carry out the actions described in item (i).
3
(e-5) Upon completion of any mitigation system
4
installation, radon measurements shall be conducted by a
5
licensed radon measurement professional pursuant to rules
6
established by IEMA-OHS to ensure mitigation system
7
performance. If the results of a radon screening test under
8
this Section are found to be 4.0 pCi/L or above, the system
9
shall be modified until the results of a radon screening test
10
under this Section are found to be below 4.0 pCi/L.
11
(f) A screening test under this Section may be done with a
12
test kit found in a hardware store, department store, or home
13
improvement store or with a kit ordered through the mail or
14
over the Internet. However, the kit must be provided by a
15
laboratory licensed in accordance with the Radon Industry
16
Licensing Act.
17
(g) The school district may use life safety funds, if
18
available, for radon testing and mitigation.
19
(h) A home rule unit may not regulate school radon issues
20
in a manner that diminishes the school radon protections
21
provided under this Section. This Section is a limitation
22
under subsection (i) of Section 6 of Article VII of the
23
Illinois Constitution on the concurrent exercise by home rule
24
units of powers and functions exercised by the State.
25
(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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