Bill Summary – FastDemocracy

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.
    "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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    (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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          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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          (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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    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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          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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    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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    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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 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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