Bill Text: NY A10086 | 2023-2024 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2024-05-03 - referred to labor [A10086 Detail]

Download: New_York-2023-A10086-Introduced.html



                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

        A. 10086                            2

     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

        A. 10086                            3

     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.

        A. 10086                            4

     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:

        A. 10086                            5

     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;

        A. 10086                            6

     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.

        A. 10086                            7

     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.
feedback