SB 497 — 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.

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
 1   Providing for testing for dangerous levels of radon and
 2      remediation measures in school buildings, residential
 3      buildings, residential homes and commercial buildings; and
 4      imposing penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.   Short title.
 8      This act shall be known and may be cited as the Radon
 9   Remediation Act.
10   Section 2.   Definitions.
11      The following words and phrases when used in this act shall
12   have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      "Commercial building."   A building constructed for the
15   purpose of commercial activity that is available to the general
16   public.
17      "Dangerous level of radon."   A level of radon above four
18   picocuries per liter.
 1      "Department."      The Department of Environmental Protection of
 2   the Commonwealth.
 3      "Prospective buyer."      An individual seeking to buy any estate
 4   or interest in a residential home for the purpose of occupying
 5   the residential home for residential purposes.
 6      "Prospective tenant."      An individual seeking to lease a
 7   dwelling unit contained in a residential building for the
 8   purpose of occupying the dwelling unit for residential purposes.
 9      "Radon test."      A test that determines if a dangerous level of
10   radon is present.
11      "Remediation measure."      A measure taken to remediate a
12   dangerous level of radon in accordance with guidelines
13   established by the United States Environmental Protection
14   Agency.
15      "Residential building."      A building containing one or more
16   dwelling units occupied by one or more tenants for residential
17   purposes. The term does not include nursing homes, hotels and
18   motels or any dwelling of which the landlord ratepayer is the
19   only resident.
20      "Residential home."      A purchased or mortgaged property that
21   is used for residential purposes.
22      "School building."      A building owned by or under the control
23   of a school entity where classes are taught or extracurricular
24   activities are conducted on a regular basis.
25      "School entity."      Any of the following:
26             (1)   A public school, including an area career and
27      technical school, a charter school, a cyber charter school,
28      an intermediate unit or a school district.
29             (2)   A nonpublic school.
30   Section 3.      Duties of school directors.

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 1      (a)   Initial testing.--
 2            (1)   The board of school directors of each school
 3      district shall ensure that a radon test is conducted in each
 4      school building.
 5            (2)   Radon tests in each school building shall be
 6      completed as follows:
 7                  (i)    Except as provided under subparagraph (iii), for
 8            a school building in existence on the effective date of
 9            this section, by June 30, 2027.
10                  (ii)    For a school building constructed after the
11            effective date of this section, within 19 months of the
12            date of occupancy.
13                  (iii)    For a school building in existence on the
14            effective date of this section, but remodeled after the
15            effective date of this section, within 19 months of the
16            date of completion of the remodeling.
17      (b)   Remediation measures.--The board of school directors, in
18   accordance with section 701 of the act of March 10, 1949
19   (P.L.30, No.14), known as the Public School Code of 1949, shall
20   take all of the following actions:
21            (1)   No later than 10 business days before the start of
22      the school year, provide notice to the parents or guardians
23      of students of all of the following:
24                  (i)    The date the radon tests were conducted in each
25            school building of the school district.
26                  (ii)    The highest radon level recorded in each school
27            building.
28                  (iii)    A statement, if applicable, that no radon
29            tests were conducted in a particular school building.
30                  (iv)    A statement that the United States

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 1            Environmental Protection Agency considers radon levels
 2            above four picocuries per liter to be potentially
 3            dangerous.
 4            (2)   If a school building contains a dangerous level of
 5      radon, prohibit students from entering the school building
 6      until remediation measures are implemented and a subsequent
 7      radon test is conducted in the school building which does not
 8      detect a dangerous level of radon.
 9            (3)   If a school building contains a dangerous level of
10      radon, ensure that remediation measures are implemented and a
11      subsequent radon test is conducted in the school building
12      which does not detect a dangerous level of radon.
13      (c)     Subsequent radon tests.--The board of school directors
14   shall continue to conduct radon tests in each school building of
15   the school district every five years after the initial radon
16   tests under subsection (a) are conducted.
17      (d)     Test results.--The results of radon tests in each school
18   building shall be on file and available for review at each
19   school entity.
20      (e)     Certification.--In accordance with the rules adopted and
21   regulations promulgated by the department under section 7, each
22   board of school directors shall certify to the department that
23   the board of school directors is in compliance with this
24   section.
25   Section 4.     Duties of landlords.
26      (a)     Testing.--
27            (1)   Before permitting a prospective tenant to occupy or
28      lease a dwelling unit in a residential building, each
29      landlord shall ensure that a radon test is conducted in the
30      dwelling unit.

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 1            (2)   Radon tests in a dwelling unit in a residential
 2      building shall be completed as follows:
 3                  (i)    Except as provided under subparagraph (iii), for
 4            a residential building in existence on the effective date
 5            of this section, by June 30, 2027.
 6                  (ii)    For a residential building constructed after
 7            the effective date of this section, within 19 months of
 8            the date of occupancy.
 9                  (iii)    For a residential building in existence on the
10            effective date of this section, but remodeled after the
11            effective date of this section, within 19 months of the
12            date of completion of the remodeling.
13      (b)   Remediation measures.--Landlords shall take all of the
14   following actions:
15            (1)   No later than 10 business days before a prospective
16      tenant occupies a dwelling unit in a residential building,
17      provide notice to the prospective tenant of all of the
18      following:
19                  (i)    The date the radon test was conducted in the
20            prospective dwelling unit.
21                  (ii)    The highest radon level recorded in the
22            prospective dwelling unit.
23                  (iii)    A statement, if applicable, that no radon test
24            was conducted in the prospective dwelling unit.
25                  (iv)    A statement that the United States
26            Environmental Protection Agency considers radon levels
27            above four picocuries per liter to be potentially
28            dangerous.
29            (2)   If the dwelling unit contains a dangerous level of
30      radon, prohibit the prospective tenant from entering or

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 1      leasing the dwelling unit until remediation measures are
 2      implemented and a subsequent radon test is conducted in the
 3      dwelling unit which does not detect a dangerous level of
 4      radon.
 5            (3)   If the dwelling unit contains a dangerous level of
 6      radon, ensure that remediation measures are implemented and a
 7      subsequent radon test is conducted in the dwelling unit which
 8      does not detect a dangerous level of radon.
 9      (c)   Subsequent radon tests.--Landlords shall continue to
10   conduct radon tests in each dwelling unit of a residential
11   building every five years after the initial tests under
12   subsection (a) are conducted.
13      (d)   Test results.--The results of radon tests in each
14   dwelling unit of a residential building shall be on file and
15   available for review at the residential building.
16      (e)   Certification.--In accordance with the rules adopted and
17   regulations promulgated by the department under section 7, each
18   landlord shall certify to the department that the landlord is in
19   compliance with the provisions of this section.
20   Section 5.     Duties of residential home sellers.
21      (a)   Testing.--
22            (1)   Before selling a residential home to a prospective
23      buyer, the seller of the residential home shall ensure that a
24      radon test is conducted in the residential home.
25            (2)   Radon tests in a residential home shall be completed
26      as follows:
27                  (i)    Except as provided under subparagraph (iii), for
28            a residential home in existence on the effective date of
29            this section, by June 30, 2027.
30                  (ii)    For a residential home constructed after the

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 1            effective date of this section, within 19 months of the
 2            date of occupancy.
 3                  (iii)    For a residential home in existence on the
 4            effective date of this section but remodeled after the
 5            effective date of this section, within 19 months of the
 6            date of completion of the remodeling.
 7      (b)   Remediation measures.--Sellers of a residential home
 8   shall take all of the following actions:
 9            (1)   No later than 10 days before the prospective buyer
10      occupies the residential home, provide notice to the
11      prospective buyer of all of the following:
12                  (i)    The date the radon test was conducted in the
13            residential home.
14                  (ii)    The highest radon level recorded in the
15            residential home.
16                  (iii)    A statement, if applicable, that no radon test
17            was conducted in the residential home.
18                  (iv)    A statement that the United States
19            Environmental Protection Agency considers radon levels
20            above four picocuries per liter to be potentially
21            dangerous.
22            (2)   If the residential home contains a dangerous level
23      of radon, prohibit the prospective buyer from entering or
24      purchasing the residential home until remediation measures
25      are implemented and a subsequent radon test is conducted in
26      the residential home which does not detect a dangerous level
27      of radon.
28            (3)   If the residential home contains a dangerous level
29      of radon, ensure that remediation measures are implemented
30      and a subsequent radon test is conducted in the residential

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 1      home which does not detect a dangerous level of radon.
 2      (c)     Test results.--The results of the radon tests in the
 3   residential home shall be available to the prospective buyer for
 4   review.
 5      (d)     Certification.--In accordance with the rules adopted and
 6   regulations promulgated by the department under section 7, each
 7   seller of the residential home shall certify to the department
 8   that the seller is in compliance with the provisions of this
 9   section.
10   Section 6.      Duties of commercial building owners.
11      (a)     Testing.--
12             (1)   Before permitting the general public from entering a
13      commercial building, the owner of the commercial building
14      shall ensure that a radon test is conducted in the commercial
15      building.
16             (2)   Radon tests in a commercial building shall be
17      completed as follows:
18                   (i)    Except as provided under subparagraph (iii), for
19             a commercial building in existence on the effective date
20             of this section, by June 30, 2027.
21                   (ii)    For a commercial building constructed after the
22             effective date of this section, within 19 months of the
23             date of occupancy.
24                   (iii)    For a commercial building in existence on the
25             effective date of this section but remodeled after the
26             effective date of this section, within 19 months of the
27             date of completion of the remodeling.
28      (b)     Remediation measures.--Owners of commercial buildings
29   shall take all of the following actions:
30             (1)   Provide notice to the general public in a local

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 1      online publication of all of the following:
 2                  (i)    The date the radon test was conducted in the
 3            commercial building.
 4                  (ii)    The highest radon level recorded in the
 5            commercial building.
 6                  (iii)    A statement, if applicable, that no radon test
 7            was conducted in the commercial building.
 8                  (iv)    A statement that the United States
 9            Environmental Protection Agency considers radon levels
10            above four picocuries per liter to be potentially
11            dangerous.
12            (2)   If the commercial building contains a dangerous
13      level of radon, prohibit the general public from entering the
14      commercial building until remediation measures are
15      implemented and a subsequent radon test is conducted in the
16      commercial building which does not detect a dangerous level
17      of radon.
18            (3)   If the commercial building contains a dangerous
19      level of radon, ensure that remediation measures are
20      implemented and a subsequent radon test is conducted in the
21      commercial building which does not detect a dangerous level
22      of radon.
23      (c)   Subsequent tests.--The owner of a commercial building
24   shall continue to conduct radon tests in the commercial building
25   every five years after the initial test under subsection (a) is
26   conducted.
27      (d)   Test results.--The results of the radon tests shall be
28   on file and available for review at the commercial building.
29      (e)   Certification.--In accordance with rules adopted and
30   regulations promulgated by the department under section 7, each

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 1   owner of a commercial building shall certify to the department
 2   that the owner is in compliance with the provisions of this
 3   section.
 4   Section 7.   Rules and regulations.
 5      The department shall adopt rules and promulgate regulations
 6   to administer and enforce this act.
 7   Section 8.   Penalties.
 8      An individual who violates any provision of this act or the
 9   rules and regulations adopted under section 7 may be subject to
10   29 U.S.C. Ch. 15 (relating to occupational safety and health).
11   Section 9.   Effective date.
12      This act shall take effect in 60 days.




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