PRINTER'S NO. 1604
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1090
Session of
2020
INTRODUCED BY TARTAGLIONE, HUGHES, FONTANA, SCHWANK, BREWSTER,
COSTA, MUTH AND YUDICHAK, MARCH 25, 2020
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 25, 2020
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.
"Department." The Department of Environmental Protection of
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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 vocational-
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.
(a) Initial testing.--
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(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, 2021.
(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
Environmental Protection Agency considers radon levels
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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 and
regulations adopted 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 the
provisions of 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.
(2) Radon tests in a dwelling unit in a residential
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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, 2021.
(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
leasing the dwelling unit until remediation measures are
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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 and
regulations adopted 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, 2021.
(ii) For a residential home constructed after the
effective date of this section, within 19 months of the
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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
home which does not detect a dangerous level of radon.
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(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 and
regulations adopted 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, 2021.
(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
online publication of all of the following:
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(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 radiation, 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 radiation, 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 and regulations
adopted by the department under section 7, each owner of a
commercial building shall certify to the department that the
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owner is in compliance with the provisions of this section.
Section 7. Rules and regulations.
The department shall adopt rules and 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
the Occupational Safety and Health Act of 1970 (Public Law 91-
596, 29 U.S.C. ยง 651 et seq.).
Section 9. Effective date.
This act shall take effect in 60 days.
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