H.R. 6396 (112th): End Radon in Schools Act

112th Congress, 2011–2013. Text as of Sep 13, 2012 (Introduced).

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I

112th CONGRESS

2d Session

H. R. 6396

IN THE HOUSE OF REPRESENTATIVES

September 13, 2012

introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To establish a grant program to test and mitigate radon levels in public schools, and for other purposes.

1.

Short title

This Act may be cited as the End Radon in Schools Act .

2.

Establishment of grant program

(a)

In general

Subject to the availability of appropriations to carry out this Act, not later than 180 days after the date that Federal funds are first appropriated for this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Education, shall establish a program under which the Administrator may award grants to States to conduct short-term radon testing to identify and mitigate unsafe radon levels in public schools.

(b)

Guidelines

Not later than 180 days after the date of enactment of this Act, the Administrator shall review, update, revise, and publish the Radon Measurements In Schools Guidelines with current information and guidance on radon testing in a public school.

3.

Grant awards

In carrying out the program under this Act, the Administrator shall—

(1)

provide an initial grant award for each State selected to receive a grant under this Act to complete the testing under section 5(b)(1);

(2)

in the case of a State that submits a report and is required to conduct an additional test under section 5(b)(3), provide an additional grant award for the State to complete such test;

(3)

in the case of a State that submits a report and is required to conduct mitigation under section 5(c)(1)—

(A)

provide an additional grant award for the State to conduct such mitigation under such subparagraph (A) of such section; or

(B)

conduct such mitigation under subparagraph (B) of such section; and

(4)

in the case of a State that submits a report and is required to conduct reevaluation under section 5(d), provide an additional grant award for the State to complete the reevaluation.

4.

Application; priority

(a)

Application

To be eligible to receive a grant under this Act, a State shall submit an application to the Administrator in such manner, at such time, and containing such information as the Administrator may require, including a certification that the grant funds will be used to—

(1)

test the radon levels in public schools pursuant to section 5(b); and

(2)

mitigate the effects of unsafe radon levels in public schools pursuant to section 5(c), determined by the test under paragraph (1).

(b)

Priority

In awarding grants to States under this Act, the Administrator shall—

(1)

determine the priority of grant awards by ranking each State that submits an application in relation to each other such State; and

(2)

in ranking States under paragraph (1)—

(A)

assign highest priority to a State with 100 percent of such State’s landmass in Radon Zone 1;

(B)

in a case in which multiple States have 100 percent of such States’ landmasses in Radon Zone 1, assign priority among such States at the Secretary’s discretion; and

(C)

in a case in which a State has less than 100 percent of such State’s landmass in Radon Zone 1, assign priority to such State at the Secretary’s discretion.

5.

Use of funds

(a)

In general

A State that receives a grant under this Act shall—

(1)

follow the Radon Measurements In Schools Guidelines updated pursuant to section 2(b);

(2)

test radon levels in each public school pursuant to subsection (b);

(3)

if necessary, mitigate unsafe radon levels pursuant to subsection (c); and

(4)

if necessary, reevaluate mitigation pursuant to subsection (d).

(b)

Testing

A State that receives a grant under this Act shall—

(1)

conduct a short-term test in each public school in such State;

(2)

submit a report to the Administrator—

(A)

describing the results of each test conducted pursuant to paragraph (1); and

(B)

if necessary, estimating the funds necessary to conduct an additional short-term test under paragraph (3); and

(3)

in the case of a school that has, according to a test conducted under paragraph (1), a radon level at or above 4 picocuries per liter at a public school, conduct an additional short-term test at such public school at a time and manner consistent with the Administrator’s Radon Measurements In Schools Guidelines updated pursuant to section 2(b).

(c)

Mitigation

(1)

In general

In the case of a public school at which tests conducted under paragraphs (1) and (3) of subsection (b) average at least 4 picocuries per liter—

(A)

if the State’s report under paragraph (2) includes the certification described in paragraph (2)(A), the State of the school shall mitigate the radon level at the public school by providing funds to the local educational agency serving such school to enable the agency to carry out the mitigation described in paragraph (3); or

(B)

if the State’s report under paragraph (2) does not include such certification, the Administrator shall carry out the mitigation described in paragraph (3), directly or by contract.

(2)

Certification; reporting

A State that receives a grant under this Act shall—

(A)

if necessary, seek certification from each local educational agency that serves each public school described in paragraph (1) that such agency will, if provided funding pursuant to section 3(3)(A), complete the actions described in paragraph (3); and

(B)

submit a report to the Administrator that—

(i)

in the case in which a local educational agency provides certification to the State under subparagraph (A), includes such certification;

(ii)

describes the results of each test at such public school conducted under subsection (b); and

(iii)

if necessary, estimates the funds necessary to conduct mitigation at such public school pursuant to paragraph (3).

(3)

Mitigation Requirements

In mitigating the radon levels at public schools, the Administrator or a local educational agency, as appropriate, shall—

(A)

work with a licensed radon mitigation professional to determine the most effective way to mitigate the radon at the public school;

(B)

create a mitigation plan within 3 months after the date of the second short-term test under subsection (b)(3);

(C)

designate a mitigation unit and implement the mitigation plan under subparagraph (B) within 6 months after the date of the second short-term test under subsection (b)(3);

(D)

conduct a short-term test not less than once per year; and

(E)

if necessary, conduct the reevaluation under subsection (d).

(d)

Reevaluation

If the first annual test under subsection (c)(3)(D) conducted after the mitigation plan is implemented results in a radon level at or above 4 picocuries per liter at a public school, the local educational agency that serves the school shall—

(1)

reevaluate the mitigation plan under subsection (c)(3)(B) in consultation with a licensed radon mitigation professional;

(2)

create an alternative mitigation plan to replace the mitigation plan;

(3)

submit a report to the Administrator—

(A)

describing the results of such annual test; and

(B)

estimating the funds necessary to conduct reevaluation under this subsection; and

(4)

direct the mitigation unit to implement an alternative mitigation plan under subsection (c)(3) within 6 months after the date of such annual test.

6.

Definitions

In this Act:

(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Licensed radon mitigation professional

The term licensed radon mitigation professional means an individual—

(A)

licensed, registered, or qualified by a State radon program to mitigate radon; or

(B)

approved by the Administrator to mitigate radon.

(3)

Local educational agency

The term local educational agency has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(4)

Mitigation plan

The term mitigation plan means the plan to mitigate radon created by the licensed radon mitigation professional in consultation with the local educational agency under subsection (c)(3)(B).

(5)

Mitigation unit

The term mitigation unit means the individuals designated under subsection (c)(3)(C) by the local educational agency to implement the mitigation plan.

(6)

Public school

The term public school has the meaning given that term in section 5145 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7217d).

(7)

Radon Measurements in Schools Guidelines

The term Radon Measurements In Schools Guidelines means the report entitled Radon Measurements In Schools produced by the Administrator in July 1993, describing current information and guidance on radon testing in a public school.

(8)

Radon Zone 1

The term Radon Zone 1 means those areas with a predicted average indoor radon screening level greater than 4 picocuries per liter.

(9)

Secretary

The term Secretary means the Secretary of Education.

(10)

Short-term test

The term short-term test means a test approved by the Administrator in which a testing device remains in an area for not less than 2 days and not more than 90 days to determine the amount of radon in the air that is acceptable for human inhalation.

(11)

State

The term State means each of the several States of the United States and the District of Columbia.