Add Art 32-A §§949 - 949-j, Lab L; add §99-rr, St Fin L
Establishes radon measurement license and radon mitigation license requirements; defines terms; establishes powers and duties of the department of labor and of licensees with regards to such licenses; establishes penalties; establishes the radon mitigation and control fund.
STATE OF NEW YORK
________________________________________________________________________
10086
IN ASSEMBLY
May 3, 2024
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to establishing radon meas-
urement license and mitigation license requirements; and to amend the
state finance law, in relation to establishing the radon mitigation
and control fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new article 32-A to
2 read as follows:
3 ARTICLE 32-A
4 RADON MEASUREMENT AND RADON MITIGATION LICENSES
5 Section 949. Definitions.
6 949-a. Prohibition against conduct of radon measurement or radon
7 mitigation without a license.
8 949-b. Licensure of a radon measurement professional.
9 949-c. Licensure of radon mitigation professional.
10 949-d. Licensure of radon business entities.
11 949-e. Liability insurance policy requirement.
12 949-f. Duties of licensees; lapse; report changes.
13 949-g. Power of the department to examine and inspect.
14 949-h. Civil penalties and revocation.
15 949-i. Location and retention of required records.
16 949-j. Responsibilities and authority of the department.
17 § 949. Definitions. As used in this article, unless the context
18 requires otherwise:
19 1. "Alter" means to change or modify a building or building design or
20 to revise a mitigation system or mitigation system design.
21 2. "Building" means any structure used or intended to be used for
22 supporting or sheltering any use or occupancy.
23 3. "Certified" means meeting the requirements of a certification
24 program recognized by the department for radon measurement or radon
25 mitigation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15106-02-4
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1 4. "Compensation" means something of value given or received in
2 exchange for radon measurement or radon mitigation.
3 5. "Direct supervision" means onsite supervision by a person certified
4 to provide radon measurement or radon mitigation services.
5 6. "Government agency" means the state, a state agency, a political
6 subdivision, or any entity of local government.
7 7. "Laboratory analysis" means the act of analyzing for radon or radon
8 progeny concentrations with passive measurement devices or analyzing
9 data from a continuous radon monitor or electrets; "laboratory analysis"
10 also means the act of calibrating radon or radon progeny measurement
11 devices or the act of exposing radon or radon progeny devices to
12 controlled concentrations of radon or radon progeny.
13 8. "Measurement" means the act of testing the air or potable water for
14 the presence of radon or radon progeny in the indoor environment of a
15 building using an active or passive measurement device.
16 9. "Measurement device" means any active or passive device approved by
17 a certification or proficiency program and used for the measurement of
18 radon or radon progeny in air or potable water in the indoor environment
19 of a building.
20 10. "Measurement professional" means a person certified by a creden-
21 tialing program recognized by the department who provides radon measure-
22 ment for compensation and who meets the requirements of section nine
23 hundred forty-nine-b of this article.
24 11. "Mitigation" means the act of installing, repairing, or altering
25 an active or passive system for the purpose, in whole or in part, of
26 reducing the concentration of radon or radon progeny in the indoor envi-
27 ronment of a building.
28 12. "Mitigation professional" means a person certified by a creden-
29 tialing program recognized by the department who provides radon miti-
30 gation for compensation and who meets the requirements of section nine
31 hundred forty-nine-c of this article.
32 13. "Mitigation system" means any active or passive system designed to
33 reduce radon concentrations in the indoor environment of a building.
34 14. "Credentialing body" means a provider who is recognized by the
35 environmental protection agency as an entity that can provide radon
36 certification to qualified persons.
37 15. "Radon" means a naturally occurring radioactive element that
38 exists as a colorless, odorless, and tasteless inert gas.
39 16. "Radon laboratory" means an entity certified by the department of
40 health's environmental laboratory approval program to measure radon and
41 radon progeny in air and potable water.
42 17. "Radon progeny" means any combination of the radioactive decay
43 products of radon.
44 18. "Licensee" means a person or business entity licensed by the
45 department as a radon measurement professional or radon mitigation
46 professional.
47 19. "Standard" means a current written document developed and contin-
48 uously maintained according to the requirements of the American National
49 Standards Institute (ANSI) or by a standards development organization
50 accredited by the ANSI that describes in detail commonly accepted meth-
51 ods for the performance of certain tasks.
52 § 949-a. Prohibition against conduct of radon measurement or radon
53 mitigation without a license. 1. No person or business entity shall
54 conduct radon measurement or mitigation in this state without a valid
55 radon measurement professional license or radon mitigation professional
56 license pursuant to this article. No person or business entity shall
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1 advertise or claim to be a radon measurement professional or a radon
2 mitigation professional unless such person or business entity is
3 licensed pursuant to this article.
4 2. A business entity may engage in radon measurement or radon miti-
5 gation if the owner or an employee associated with the business entity
6 is a radon measurement or radon mitigation professional, as applicable,
7 and performs or supervises the work as applicable. Any business entity
8 that employs persons to perform radon measurement or radon mitigation
9 shall have a business entity license.
10 3. The licensure requirements of this article shall apply to radon
11 measurement professionals, radon measurement business entities, radon
12 mitigation professionals and radon mitigation business entities;
13 provided, however, that such licensure requirements shall not apply to:
14 (a) a person performing radon measurement or radon mitigation on a
15 single-family residential building that such person owns and occupies or
16 on a rental property that such person occupies;
17 (b) a person performing radon measurement who assists and is under the
18 direct supervision of a radon measurement professional;
19 (c) a person performing radon mitigation who assists and is under the
20 direct supervision of a mitigation professional; or
21 (d) an agent of a federal, state, or local government agency acting
22 within such agent's official capacity.
23 § 949-b. Licensure of a radon measurement professional. 1. The depart-
24 ment shall issue a radon measurement professional license to any person
25 certified to measure radon who:
26 (a) Completes an application and pays a fee as prescribed by the
27 department;
28 (b) Presents current proof of certification to measure radon issued by
29 a credentialing body approved by the department; and
30 (c) Furnishes evidence of a general liability insurance policy that
31 satisfies the requirements of this article.
32 2. The department shall renew the radon measurement professional
33 license of any person who:
34 (a) Completes a renewal application and pays a fee as prescribed by
35 the department;
36 (b) Presents current proof of certification to measure radon issued by
37 a credentialing body acceptable to the department; and
38 (c) Furnishes evidence of a general liability insurance policy that
39 satisfies the requirements of this article.
40 3. A radon measurement professional shall:
41 (a) Maintain certification to measure radon by a credentialing body
42 approved by the department;
43 (b) Ensure that all radon measurements are conducted in accordance
44 with the applicable radon measurement standard;
45 (c) Maintain a quality assurance plan in accordance with the standard
46 for radon measurement systems quality assurance;
47 (d) Ensure that all radon measurements are conducted by or under the
48 direct supervision of a radon measurement professional;
49 (e) Only use or sell radon measurement devices approved by the creden-
50 tialing body that issued the radon measurement certification to the
51 radon measurement professional;
52 (f) Report all radon measurements in the manner prescribed by the
53 department of health; and
54 (g) Ensure that all sample analysis is conducted by a radon laboratory
55 approved by the department of health environmental laboratory approval
56 program.
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1 § 949-c. Licensure of radon mitigation professional. 1. The department
2 shall issue a radon mitigation professional license to any person certi-
3 fied to perform radon mitigation who:
4 (a) Completes an application and pays a fee as prescribed by the
5 department;
6 (b) Presents current proof of certification to mitigate radon issued
7 by a credentialing body approved by the department; and
8 (c) Furnishes evidence of a general liability insurance policy that
9 satisfies the requirements of this article.
10 2. The department shall renew the radon mitigation professional
11 license of any person who:
12 (a) Completes a renewal application and pays a fee as prescribed by
13 the department;
14 (b) Presents current proof of certification to mitigate radon issued
15 by a credentialing body approved by the department; and
16 (c) Furnishes evidence of a general liability insurance policy that
17 satisfies the requirements of this article.
18 3. A radon mitigation professional shall:
19 (a) Maintain certification to mitigate radon issued by a credentialing
20 body approved by the department;
21 (b) Ensure that all radon mitigation is conducted in accordance with
22 the applicable radon mitigation standard;
23 (c) Maintain a quality management plan in accordance with the applica-
24 ble standard for radon mitigation quality assurance;
25 (d) Ensure that all radon mitigation is conducted by or under the
26 direct supervision of a radon mitigation professional;
27 (e) Report all radon mitigation in the manner prescribed by the
28 department of health; and
29 (f) Ensure that all radon mitigation systems repaired or altered by a
30 radon mitigation professional meet the applicable radon mitigation stan-
31 dard and are tested by a radon measurement professional within thirty
32 days of such repair or alteration.
33 § 949-d. Licensure of radon business entities. 1. The department shall
34 issue a radon business entity license to any business entity that:
35 (a) Completes an application and pays a fee as prescribed by the
36 department;
37 (b) Designates a responsible person certified to perform radon meas-
38 urement or radon mitigation by a credentialing body approved by the
39 department; and
40 (c) Furnishes evidence of a general liability insurance policy that
41 satisfies the requirements of this article.
42 2. The department shall renew the radon business entity license of any
43 business entity that:
44 (a) Completes a renewal application and pays a fee as prescribed by
45 the department;
46 (b) Designates a responsible person certified to perform radon meas-
47 urement or radon mitigation by a credentialing body approved by the
48 department; and
49 (c) Furnishes evidence of a general liability insurance policy that
50 satisfies the requirements of this article.
51 § 949-e. Liability insurance policy requirement. 1. Each radon meas-
52 urement professional, radon measurement business entity, radon miti-
53 gation professional and radon mitigation business entity shall maintain
54 an insurance policy in effect at all times and concurrent with the
55 licensure and certification period that:
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1 (a) Is issued by an insurance company or other legal entity permitted
2 to transact insurance business in the state;
3 (b) Provides for general liability coverage for radon measurement
4 professionals, radon measurement business entities, radon mitigation
5 professionals, radon mitigation business entities or radon laboratories,
6 as applicable, in an amount specified by the department; and
7 (c) Lists the department as a certificate holder of any insurance
8 policy issued pursuant to this article.
9 2. A liability insurance policy obtained pursuant to this section
10 shall not be cancelled, revoked, or terminated by the owner, nor shall
11 the owner take action that would result in the cancellation, revocation,
12 or termination of such insurance policy, except after notice to the
13 department at least forty-five days in advance of such cancellation,
14 revocation, or termination which is submitted on a form prescribed by
15 the department.
16 § 949-f. Duties of licensees; lapse; report changes. 1. A license that
17 is not renewed by the expiration date of such license shall be deemed to
18 be lapsed and shall only be reinstated upon the completion of a renewal
19 application process as prescribed by the department.
20 2. A licensee shall report any change of information pertaining to an
21 existing license relating to information that was submitted during the
22 application process for such license. Such report shall be made to the
23 department in writing and within ten days of such change taking place.
24 The department shall not be responsible for the failure of a licensee to
25 receive notices, communications, or other correspondence caused by a
26 failure of the licensee to report changes as required by this subdivi-
27 sion.
28 § 949-g. Power of the department to examine and inspect. 1. The
29 department or its agent or inspector may examine records of radon meas-
30 urement professionals, radon measurement business entities, radon miti-
31 gation professionals, and radon mitigation business entities, including
32 but not limited to conducting inspections of radon measurement locations
33 and radon mitigation system installations in order to ensure that radon
34 measurement and radon mitigation are conducted in accordance with the
35 applicable standard.
36 2. The department or its agent or inspector may inspect any equipment
37 used for radon measurement or radon mitigation or photograph or sketch
38 any portion of a site, building, or equipment involved in radon measure-
39 ment or radon mitigation.
40 3. The department shall obtain permission from the property owner
41 before agents or inspectors of the department enter private property to
42 perform a radon measurement or radon mitigation inspection.
43 4. No person shall interfere with a radon measurement or radon miti-
44 gation inspection conducted by an agent or inspector of the department.
45 § 949-h. Civil penalties and revocation. 1. The commissioner may,
46 after providing notice and a hearing, suspend or revoke any license, or
47 censure, fine, or impose probationary or other restrictions on any
48 licensee for good cause shown which shall include, but not be limited to
49 the following:
50 (a) conviction of a felony relating to the performance of a radon
51 measurement or radon mitigation;
52 (b) deceit or misrepresentation in obtaining a license authorized
53 pursuant to this article;
54 (c) providing false testimony or documents to the department in
55 relation to a license authorized pursuant to this article or any other
56 license issued by the department;
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1 (d) deceiving or defrauding the public in relation to services
2 provided for a fee that require a license pursuant to this article; or
3 (e) incompetence or gross negligence in relation to radon measurement
4 or radon mitigation.
5 2. Violators of any of the provisions of this article may be fined by
6 the commissioner in an amount not to exceed two thousand dollars for the
7 initial violation and up to ten thousand dollars for each subsequent
8 violation.
9 § 949-i. Location and retention of required records. 1. Records
10 required by this article or administrative regulations promulgated
11 pursuant to this article or the applicable standard, including but not
12 limited to records of radon measurement, radon mitigation, quality
13 assurance plans, quality management plans, calibration certifications,
14 worker health and safety plans, and equipment repairs shall be retained
15 by licensees, as applicable, for a minimum period of five years or the
16 length of time of any warranty or guarantee, whichever is greater.
17 2. Records obtained by the department shall be exempt from disclosure
18 requirements; provided, however, that the department shall make radon
19 measurement and radon mitigation system records available upon request
20 to:
21 (a) The owner or occupant of a building;
22 (b) The public, provided that such records are aggregated at the zip
23 code level without identifying individual property owners or addresses;
24 and
25 (c) A federal agency that provides aggregated data to the public.
26 3. Any radon measurement or radon mitigation professional or business
27 entity applying for a license or license renewal pursuant to this arti-
28 cle shall specify, for approval by the department, the physical or elec-
29 tronic location where records required under this article shall be main-
30 tained for inspection by the department.
31 § 949-j. Responsibilities and authority of the department. 1. The
32 department shall be the regulatory agency for the regulation of radon
33 testing and radon mitigating firms and licensed individuals.
34 2. The department shall:
35 (a) Promulgate rules and regulations to administer, coordinate, and
36 enforce this article, including the establishment of fees;
37 (b) Maintain a public list of all persons and business entities
38 licensed by the department;
39 (c) Issue a license to persons and business entities that meet the
40 qualifications of this article;
41 (d) Appoint personnel to perform duties to administer this article and
42 fix the compensation of such personnel;
43 (e) Issue subpoenas, administer oaths, examine witnesses, investigate
44 allegations of wrongdoing, and conduct administrative hearings to
45 enforce this article; and
46 (f) Collect or receive all fees, fines, and other moneys owed pursuant
47 to this article.
48 § 2. The state finance law is amended by adding a new section 99-rr to
49 read as follows:
50 § 99-rr. Radon mitigation and control fund. 1. There is hereby estab-
51 lished in the joint custody of the state comptroller and the commission-
52 er of taxation and finance, a fund to be known as the radon mitigation
53 and control fund.
54 2. Such fund shall consist of all monies collected pursuant to article
55 thirty-two-A of the labor law, and all other monies credited or trans-
56 ferred thereto from any other fund or source pursuant to law.
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1 3. Monies of the fund shall be expended solely for the purposes of
2 carrying out the provisions of article thirty-two-A of the labor law.
3 Monies shall be paid out of the fund on the audit and warrant of the
4 state comptroller on vouchers approved by the commissioner of labor. Any
5 interest received by the comptroller on monies on deposit in the radon
6 mitigation and control fund shall be retained in and become part of such
7 fund.
8 § 3. This act shall take effect on the first of January next succeed-
9 ing the date on which it shall have become a law.
