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.

PRIOR PRINTER'S NO. 234 PRINTER'S NO. 3055
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, CERRATO AND GAYDOS, JANUARY 23, 2025
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, HOUSE OF REPRESENTATIVES, AS AMENDED,
MARCH 23, 2026
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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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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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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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.
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
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AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A
SECTION TO READ:
SECTION 743. RADON TESTING.--(A) A SCHOOL ENTITY SHALL TEST
EACH SCHOOL BUILDING FOR RADON GAS IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
(1) AN INITIAL TEST SHALL BE COMPLETED AS FOLLOWS:
(I) WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE OF THIS
SECTION FOR EACH EXISTING SCHOOL BUILDING.
(II) WITHIN ONE (1) YEAR OF COMPLETION OF CONSTRUCTION OF A
NEW SCHOOL BUILDING.
(2) RETESTING OF A SCHOOL BUILDING SHALL BE COMPLETED AS
FOLLOWS:
(I) AT LEAST ONCE EVERY FIVE (5) YEARS.
(II) WITHIN SIXTY (60) DAYS, OR AS SOON AS PRACTICABLE, OF
THE COMPLETION OF THE INSTALLATION OF A RADON GAS MITIGATION
SYSTEM REQUIRED IN SUBSECTION (B).
(III) NO SOONER THAN ONE (1) YEAR BUT NO MORE THAN TWO (2)
YEARS AFTER THE COMPLETION OF THE INSTALLATION OF A RADON GAS
MITIGATION SYSTEM REQUIRED IN SUBSECTION (B).
(IV) WITHIN ONE (1) YEAR OF THE COMPLETION OF ANY MAJOR
STRUCTURAL, FOUNDATIONAL OR HVAC RENOVATIONS OR REPAIRS TO THE
SCHOOL BUILDING.
(B) WITHIN ONE (1) YEAR, OR AS SOON AS PRACTICABLE, OF A
TEST UNDER SUBSECTION (A)(1) OR (2) THAT IDENTIFIES RADON GAS
LEVELS AT OR ABOVE FOUR (4) PICOCURIES PER LITER OF AIR, A
SCHOOL ENTITY SHALL COMPLETE THE INSTALLATION OF A RADON GAS
MITIGATION SYSTEM IN THE AFFECTED SCHOOL BUILDING.
(C) THE FOLLOWING STANDARDS SHALL APPLY:
(1) RADON GAS TESTING SHALL BE PERFORMED IN ACCORDANCE WITH
THE VERSION OF ANSI-AARST MA-MFLB PROTOCOL FOR CONDUCTING
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MEASUREMENTS OF RADON AND RADON DECAY PRODUCTS IN MULTIFAMILY,
SCHOOL, COMMERCIAL AND MIXED-USE BUILDINGS IN EFFECT ON THE
EFFECTIVE DATE OF THIS SUBSECTION.
(2) 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."
(3) RADON GAS MITIGATION SHALL BE PERFORMED BY AN INDIVIDUAL
WHO IS CERTIFIED UNDER THE "RADON CERTIFICATION ACT" BY THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION.
(4) INSTALLATION, 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.
(D) A SCHOOL ENTITY SHALL REPORT THE RESULTS OF RADON TESTS
REQUIRED UNDER SUBSECTION (A) AND IF APPLICABLE PLANS FOR
MITIGATION UNDER SUBSECTION (B) 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 PUBLICLY ACCESSIBLE INTERNET WEBSITE
AND SOCIAL MEDIA OF THE SCHOOL ENTITY.
(E) A SCHOOL ENTITY SHALL REPORT THE RESULTS, INCLUDING THE
DATE MEASURED, OF RADON TESTS REQUIRED UNDER SUBSECTION (A) TO
THE DEPARTMENT, IN A FORM AND MANNER PRESCRIBED BY THE
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DEPARTMENT, WITHIN SIXTY (60) DAYS AFTER THE INFORMATION HAS
BEEN RECEIVED BY THE SCHOOL ENTITY.
(F) THE DEPARTMENT SHALL MAINTAIN AND UPDATE AT LEAST
QUARTERLY A LIST ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITE OF
THE DEPARTMENT OF THE MOST RECENT INFORMATION RECEIVED UNDER
SUBSECTION (E) BY SCHOOL BUILDING FOR EACH SCHOOL ENTITY.
(G) INFORMATION POSTED PUBLICLY BY THE SCHOOL ENTITY OR THE
DEPARTMENT SHALL NOT INCLUDE BUILDING PLANS OR INFRASTRUCTURE
RECORDS THAT EXPOSE OR CREATE VULNERABILITY THROUGH THE
DISCLOSURE OF THE LOCATION, CONFIGURATION OR SECURITY OF CRUCIAL
SYSTEMS, INCLUDING:
(I) PUBLIC UTILITY SYSTEMS.
(II) STRUCTURAL ELEMENTS.
(III) TECHNOLOGY.
(IV) COMMUNICATION.
(V) ELECTRICAL.
(VI) FIRE SUPPRESSION.
(VII) VENTILATION.
(VIII) WATER.
(IX) WASTEWATER.
(X) SEWAGE.
(XI) GAS SYSTEMS.
(XII) OTHER INFORMATION THAT WOULD BE EXEMPTED FROM
DISCLOSURE UNDER SECTION 708 OF THE ACT OF FEBRUARY 14, 2008
(P.L.6, NO.3), KNOWN AS THE "RIGHT-TO-KNOW LAW ."
(H) 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.
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(I) ADDITIONAL COSTS INCURRED BY A SCHOOL ENTITY UNDER
SUBSECTION (H) MAY NOT BE INCLUDED IN THE CALCULATION OF MAXIMUM
PROJECT COST OR MAXIMUM CONSTRUCTION COST AS REQUIRED UNDER
SECTION 701.1.
(J) NO LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE
OF THIS SUBSECTION, THE SECRETARY OF THE BUDGET SHALL TRANSFER
TO THE SCHOOL ENVIRONMENTAL REPAIRS PROGRAM RESTRICTED ACCOUNT
ESTABLISHED UNDER SECTION 2602-L TWENTY-SEVEN MILLION DOLLARS
($27,000,000) FROM AMOUNTS AVAILABLE IN SPECIAL FUNDS AND
RESTRICTED ACCOUNTS. THE TRANSFERS UNDER THIS SUBSECTION SHALL
BE IN ACCORDANCE WITH THE FOLLOWING:
(1) THE SECRETARY OF THE BUDGET SHALL TRANSMIT TO THE STATE
TREASURER A LIST OF AMOUNTS TO BE TRANSFERRED FROM SPECIAL FUNDS
AND RESTRICTED ACCOUNTS TO THE SCHOOL ENVIRONMENTAL REPAIRS
PROGRAM RESTRICTED ACCOUNT.
(2) NO MONEY MAY BE TRANSFERRED FROM THE BUDGET
STABILIZATION RESERVE FUND ESTABLISHED UNDER SECTION 1701-A OF
THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL
CODE ."
(3) UPON RECEIPT OF THE LIST UNDER CLAUSE (1), THE STATE
TREASURER SHALL CAUSE THE TRANSFERS UNDER THIS SUBSECTION TO
OCCUR.
(K) NOTWITHSTANDING SECTION 2603-L, THE DEPARTMENT SHALL USE
THE FUNDING PROVIDED UNDER SUBSECTION (J) TO REIMBURSE SCHOOL
ENTITIES FOR TESTING AND REMEDIATION AS FOLLOWS:
(1) NO MORE THAN SEVEN MILLION DOLLARS ($7,000,000) SHALL BE
USED TO REIMBURSE SCHOOL ENTITIES FOR DOCUMENTED COSTS RELATED
TO COMPLETING THE INITIAL TESTING REQUIRED UNDER SUBSECTION (A)
(1)(I) IN ACCORDANCE WITH THE FOLLOWING:
(I) SUBJECT TO CLAUSE (4), THE DEPARTMENT SHALL PROVIDE
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REIMBURSEMENT EQUAL TO SEVENTY-FIVE PER CENTUM (75%) OF THE
DOCUMENTED COSTS.
(II) THE DEPARTMENT SHALL ISSUE REIMBURSEMENTS ON A FIRST-
COME, FIRST-SERVED BASIS SUBJECT TO AVAILABLE FUNDS UNDER CLAUSE
(1).
(III) TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE DEPARTMENT MAY USE ANY UNUSED OR UNCOMMITTED FUNDS UNDER
CLAUSE (1) FOR THE PURPOSES OF CLAUSE (2).
(2) NO LESS THAN TWENTY MILLION DOLLARS ($20,000,000) SHALL
BE USED TO REIMBURSE SCHOOL ENTITIES FOR DOCUMENTED COSTS
RELATED TO COMPLETING THE INSTALLATION OF A RADON GAS MITIGATION
SYSTEM IN AN AFFECTED SCHOOL BUILDING AS REQUIRED UNDER
SUBSECTION (B) IN ACCORDANCE WITH THE FOLLOWING:
(I) SUBJECT TO CLAUSE (4), THE DEPARTMENT SHALL PROVIDE
REIMBURSEMENT EQUAL TO SEVENTY-FIVE PER CENTUM (75%) OF THE
DOCUMENTED COSTS.
(II) TO THE EXTENT POSSIBLE, THE DEPARTMENT SHALL PRIORITIZE
REIMBURSEMENTS FOR ECONOMICALLY DISADVANTAGED SCHOOL ENTITIES.
(3) REIMBURSEMENT REQUESTS, INCLUDING DOCUMENTED COSTS,
SHALL BE SUBMITTED TO THE DEPARTMENT IN A FORM AND MANNER
DETERMINED BY THE DEPARTMENT.
(4) THE DEPARTMENT MAY AWARD, IN WHOLE OR IN PART, A REQUEST
BASED ON THE MERITS OF THE DOCUMENTED COSTS.
(5) THE DEPARTMENT SHALL PUBLISH A LIST OF REIMBURSEMENTS
PAID ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(L) 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:
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
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"EMPLOYE ORGANIZATION." AS DEFINED IN SECTION 1101-A.
"GOVERNING BODY." 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 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." A SCHOOL DISTRICT, CHARTER SCHOOL, CYBER
CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, INTERMEDIATE UNIT OR
AREA CAREER AND TECHNICAL SCHOOL.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
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