Pennsylvania Act 1986-62 — RADON GAS DEMONSTRATION PROJECT AND HOME IMPROVEMENT LOAN ACT

Act text

RADON GAS DEMONSTRATION PROJECT AND HOME IMPROVEMENT LOAN ACT
                  Act of May 16, 1986, P.L. 203, No. 62               Cl. 27
                                  AN ACT

     Providing for a radon gas demonstration project; providing for a
        low-interest loan program for homes contaminated by radon gas
        infiltration; providing further duties of the Department of
        Environmental Resources and the Pennsylvania Housing Finance
        Agency; and making an appropriation.

        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 Gas
     Demonstration Project and Home Improvement Loan Act.
     Section 2.  Radon Gas Demonstration Project.
        (a)  The Department of Environmental Resources shall have the
     power and its duty shall be to develop and implement, in
     cooperation with the United States Government and private
     industry, methods of remedial action to reduce unsafe levels of
     naturally occurring radon gas in residential buildings. The
     department may enter into contracts with builders, remodelers
     and other private contractors to assist the department in
     developing experimental or prototypic systems of remedial
     action. Such systems shall be installed or incorporated into
     occupied residential buildings with the permission of the
     owners. Upon completion, any and all materials so incorporated
     shall become fixtures of the property and shall not be removed
     without the consent of the property owner.
        (b)  The department shall establish minimum standards for
     materials and craftsmanship of contractors participating in this
     project. In addition, the department shall advise homeowners, in
     areas known to be affected by high radon concentrations, of ways
     to avoid unscrupulous or unqualified contractors.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in subsec. (a), was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 3.  Low-interest home improvement loans.
        (a)  The Pennsylvania Housing Finance Agency is hereby
     authorized to establish a low-interest loan program to assist
     persons whose residences have been infiltrated by dangerous
     levels of radon gas to finance home improvements designed to
     either prevent such infiltration or avoid dangerous
     concentrations of radon gas from accumulating.
        (b)  The Pennsylvania Housing Finance Agency shall administer
     a low-interest loan program pursuant to the provisions of
     Article IV-B of the act of December 3, 1959 (P.L.1688, No.621),
     known as the Housing Finance Agency Law.
        (c)  The Department of Environmental Resources shall
     establish minimum standards for materials and craftsmanship of
     contractors providing home improvements financed pursuant to
     this section and may assist the Pennsylvania Housing Finance
     Agency in the administration of the low-interest loan program.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in subsec. (c), was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 4.  Sovereign immunity.
        (a)  The Department of Environmental Resources and the
     Pennsylvania Housing Finance Agency, and all employees,
     officers, officials and board members thereof, shall enjoy
     sovereign and official immunity from suit as provided by 1
     Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed;
     specific waiver) for all actions taken pursuant to this act, and
     the limited waiver of sovereign immunity provided by 42 Pa.C.S.
     Ch. 85 (relating to matters affecting government units) shall
     not apply to actions taken within the scope of this act.
        (b)  Notwithstanding any other law to the contrary, the
     Pennsylvania Housing Finance Agency is a Commonwealth agency of
     the Commonwealth for all purposes, including, but not limited
     to, the assertion of sovereign immunity as provided by 1 Pa.C.S.
     § 2310 and, except as provided by subsection (a), the limited
     waiver of sovereign immunity as provided by 42 Pa.C.S. Ch. 85.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in subsec. (a), was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 5.  Appropriation.
        The sum of $1,000,000, or as much thereof as may be
     necessary, is hereby appropriated to the Department of
     Environmental Resources for the demonstration project authorized
     in section 2. Any funds remaining unexpended, unencumbered and
     uncommitted on June 30, 1987, shall lapse.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 6.  Effective date.
        (a)  Section 5 of this act shall take effect July 1, 1986.
        (b)  The remainder of this act shall take effect immediately.