HOUSE BILL NO. 2730 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE APPELBAUM.
4387H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 324, RSMo, by adding thereto fourteen new sections relating to the licensing of radon industry professionals and businesses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 324, RSMo, is amended by adding thereto fourteen new sections, 2 to be known as sections 324.2000, 324.2005, 324.2010, 324.2015, 324.2020, 324.2025, 3 324.2030, 324.2035, 324.2040, 324.2045, 324.2047, 324.2050, 324.2055, and 324.2060, to 4 read as follows: 324.2000. As used in sections 324.2000 to 324.2060, unless the context requires 2 otherwise, the following terms mean: 3 (1) "Alter", to change or modify a building or building design, or to revise, 4 rather than repair, a mitigation system or mitigation system design; 5 (2) "Board of radon safety" or "board", the group of radon professionals 6 representing radon business entities as well as nonradon professionals acting on behalf 7 of the board to establish and implement standards, policies, protocols, and procedures 8 in accordance with sections 324.2000 to 324.2060; 9 (3) "Building", any structure used or intended to be used for supporting or 10 sheltering any use or occupancy; 11 (4) "Certified", meeting the certification requirements of a radon proficiency 12 program for radon measurement or radon mitigation that is recognized by the United 13 States Environmental Protection Agency; 14 (5) "Compensation", something of value given or received in exchange for radon 15 measurement, mitigation, inspection, or laboratory analysis;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2730 2
16 (6) "Direct supervision", on-site supervision by a certified person who accepts 17 responsibility for ensuring compliance by his or her employees, subcontractors, or other 18 designated agents with all applicable requirements under sections 324.2000 to 324.2060; 19 (7) "Division", the division of professional registration; 20 (8) "Laboratory analysis", the act of analyzing radon or radon progeny 21 concentrations with passive measurement devices, the act of calibrating radon or radon 22 progeny measurement devices, or the act of exposing radon or radon progeny 23 measurement devices to controlled concentrations of radon or radon progeny; 24 (9) "Licensee", a person or business entity licensed by the board as a 25 measurement professional, mitigation professional, radon mitigation inspection 26 professional, or radon laboratory; 27 (10) "Measurement", the act of testing the air, water, or soil using an active or 28 passive measurement device for the presence of radon or radon progeny in the indoor 29 environment of a building; 30 (11) "Measurement device", any active or passive device approved by a radon 31 proficiency program and used for the measurement of radon or radon progeny in air or 32 water in the indoor environment of a building; 33 (12) "Measurement professional", a person certified by a radon proficiency 34 program who provides radon measurement for compensation and who meets the 35 requirements of section 324.2010; 36 (13) "Mitigation", the act of installing, repairing, or altering an active or passive 37 system for the purpose, in whole or in part, of reducing the concentration of radon or 38 radon progeny in the indoor environment of a building; 39 (14) "Mitigation professional", a person certified by a radon proficiency 40 program who provides radon mitigation for compensation and who meets the 41 requirements of section 324.2015; 42 (15) "Mitigation system", any active or passive system designed to reduce radon 43 concentrations in the indoor environment of a building; 44 (16) "Person", an individual, corporation, association, or other legal entity; 45 (17) "Prescribed", promulgated by administrative regulation by the board; 46 (18) "Proficiency program", a national radon credentialing body that is 47 currently recognized by the United States Environmental Protection Agency; 48 (19) "Radon", a naturally occurring radioactive element that is produced by the 49 breakdown of uranium and exists as a colorless, odorless, and tasteless inert gas; 50 (20) "Radon laboratory", a business entity approved by a laboratory 51 accreditation program recognized by the National Environmental Laboratory HB 2730 3
52 Accreditation Program that provides laboratory analysis for compensation and meets 53 the requirements of section 324.2025; 54 (21) "Radon mitigation inspection professional", a person certified by a radon 55 proficiency program who provides inspection of radon systems for compensation and 56 who meets the requirements of section 324.2020; 57 (22) "Radon progeny", any combination of the radioactive decay products of 58 radon; 59 (23) "Research", board-approved scientific investigation that includes radon 60 measurement, mitigation, inspection, or laboratory analysis; 61 (24) "Standard", a current written document developed and continuously 62 maintained by a standards development organization accredited by the American 63 National Standards Institute that describes in detail commonly accepted methods for 64 the performance of certain tasks. 324.2005. 1. No person or business entity shall conduct radon measurement, 2 mitigation, inspection, or laboratory analysis in this state after December 31, 2026, for 3 compensation without the appropriate private certification and state licensing required 4 under sections 324.2000 to 324.2060. The certification and licensing requirements of 5 sections 324.2000 to 324.2060 shall not apply to any person or business entity before 6 January 1, 2027. 7 2. No person or business entity shall advertise or claim to be a radon 8 measurement professional, radon mitigation professional, radon mitigation inspection 9 professional, or radon laboratory unless certified and licensed under sections 324.2000 10 to 324.2060. 11 3. A radon business entity may engage in radon measurement, mitigation, 12 inspection, or laboratory analysis if the owner or an employee associated with the radon 13 business entity is a measurement or mitigation professional, radon mitigation inspection 14 professional, or radon laboratory, as applicable, and performs or supervises the radon 15 measurement, mitigation, inspection, or laboratory analysis work as applicable. Any 16 business entity that employs these persons shall have a radon business entity license. 17 4. A measurement or mitigation professional directly in charge of measurement 18 or mitigation activities within a radon business entity shall notify the board in writing 19 immediately upon conclusion of the relationship with the radon business entity. 20 5. A person who owns or rents a single-family home and occupies it may test the 21 home and install a radon mitigation system if such installation is in accordance with the 22 applicable standard and the person certifies to the board that the use of a nonlicensed 23 person will be disclosed upon the sale of the home. HB 2730 4
24 6. Any homeowner who receives a radon test kit from the state of Missouri or 25 any nonprofit health-related organization or who purchases a radon test kit from any 26 business in this state or online by mail order shall be exempt from the requirements of 27 sections 324.2000 to 324.2060 as long as the test kit is for the homeowner's personal 28 home only. 29 7. The board may authorize by regulation subcategories of measurement, 30 mitigation, and inspection licensure to align with credentials that may be established by 31 a proficiency program and specify related requirements and limitations. 32 8. The board may establish reciprocity arrangements with bordering states. 324.2010. 1. The board shall issue a measurement professional license, effective 2 for a period of two years, to any person certified for measurement who: 3 (1) Completes an application and pays a fee prescribed by the board by rule; 4 (2) Presents current proof of certification by a radon proficiency program; and 5 (3) Furnishes evidence of a general liability insurance policy that satisfies the 6 requirements of section 324.2035. 7 2. The board shall renew the measurement professional license, effective for a 8 period of two years, of any person who: 9 (1) Completes a licensure renewal process and pays a fee prescribed by the 10 board by rule; 11 (2) Presents current proof of certification by a radon proficiency program; and 12 (3) Furnishes evidence of a general liability insurance policy that satisfies the 13 requirements of section 324.2035. 14 3. A measurement professional shall: 15 (1) Maintain certification by a radon proficiency program; 16 (2) Ensure measurements are conducted in accordance with the applicable 17 standard and administrative regulations; 18 (3) Maintain a quality assurance plan in accordance with the standard for 19 measurement systems quality assurance; 20 (4) Ensure measurements are conducted by or under the direct supervision of a 21 measurement professional; 22 (5) Use or sell only measurement devices approved by the radon proficiency 23 program that certifies the person; 24 (6) Report all measurements as prescribed by the board; and 25 (7) Ensure all laboratory analysis is conducted by a radon laboratory. 324.2015. 1. The board shall issue a mitigation professional license, effective for 2 a period of two years, to any person certified for mitigation who: HB 2730 5
3 (1) Completes an application process and pays a fee prescribed by the board by 4 rule; 5 (2) Presents proof of certification by a radon proficiency program; and 6 (3) Furnishes evidence of a general liability insurance policy that satisfies the 7 requirements of section 324.2035. 8 2. The board shall renew the mitigation professional license, effective for a 9 period of two years, of any person who: 10 (1) Completes a license renewal process and pays a fee prescribed by the board 11 by rule; 12 (2) Presents current proof of certification by a radon proficiency program; and 13 (3) Furnishes evidence of a general liability insurance policy that satisfies the 14 requirements of section 324.2035. 15 3. A mitigation professional shall: 16 (1) Maintain certification by a radon proficiency program; 17 (2) Ensure mitigations are conducted in accordance with the applicable 18 mitigation standard and administrative regulations; 19 (3) Maintain a quality management plan in accordance with the applicable 20 standard for mitigation quality assurance and control; 21 (4) Ensure all mitigation is conducted by or under the direct supervision of a 22 mitigation professional; 23 (5) Report all mitigations as prescribed by the board; and 24 (6) Ensure all radon mitigation systems repaired or altered after December 31, 25 2026, meet the applicable mitigation standard. 324.2020. 1. The board shall issue a radon mitigation inspection professional 2 license, effective for a period of two years, to any person certified for radon mitigation 3 inspection who: 4 (1) Completes an application and pays a fee prescribed by the board by rule; 5 (2) Presents current proof of certification by a radon proficiency program; and 6 (3) Furnishes evidence of a general liability insurance policy that satisfies the 7 requirements of section 324.2035. 8 2. The board shall renew the radon mitigation inspection professional license, 9 effective for a period of two years, of any person who: 10 (1) Completes a licensure renewal process and pays a fee prescribed by the 11 board by rule; 12 (2) Presents current proof of certification by a radon proficiency program; and 13 (3) Furnishes evidence of a general liability insurance policy that satisfies the 14 requirements of section 324.2035. HB 2730 6
15 3. A radon mitigation inspection professional shall: 16 (1) Maintain certification by a radon proficiency program; 17 (2) Ensure inspections are conducted in accordance with the applicable standard 18 and administrative regulations; and 19 (3) Report all inspections as prescribed by the board. 324.2025. 1. The board shall issue a radon laboratory license to any business 2 entity approved for radon laboratory analysis that: 3 (1) Completes an application process and pays a fee prescribed by the board by 4 rule; 5 (2) Presents proof of independent third-party accreditation; and 6 (3) Furnishes evidence of a general liability insurance policy that satisfies the 7 requirements of section 324.2035. 8 2. The board shall renew the radon laboratory license of any business entity 9 that: 10 (1) Completes a license renewal process and pays a fee prescribed by the board 11 by rule; 12 (2) Presents current proof of approval by a radon proficiency program; and 13 (3) Furnishes evidence of a general liability insurance policy that satisfies the 14 requirements of section 324.2035. 15 3. A radon laboratory shall: 16 (1) Maintain proof of accreditation by a laboratory accreditation program 17 recognized by the National Environmental Laboratory Accreditation Program; 18 (2) Ensure all laboratory analysis is conducted in accordance with the applicable 19 laboratory analysis standard; 20 (3) Maintain a quality control program plan in accordance with the applicable 21 standard for performance criteria for measurement systems; and 22 (4) Report all laboratory analyses as prescribed by the board. 324.2030. 1. The board shall issue a radon business entity license, effective for a 2 period of two years, to any business for which the application designates a responsible 3 person and a licensed radon professional and for which a fee is paid. 4 2. The radon business entity shall notify the board of the transfer of the radon 5 business entity license to another business entity within thirty days. 324.2035. 1. Each radon measurement professional, radon mitigation 2 professional, radon mitigation inspection professional, and radon laboratory shall 3 maintain an insurance policy in effect at all times during the licensure period that: 4 (1) Is issued by an insurance company or other legal entity permitted to transact 5 insurance business in this state; HB 2730 7
6 (2) Provides for applicable liability coverage for measurement professionals, 7 mitigation professionals, radon mitigation inspection professionals, and radon 8 laboratories in an amount of at least five hundred thousand dollars per occurrence; 9 (3) Lists the board as a certificate holder of any insurance policy issued under 10 this section; and 11 (4) States that cancellation or nonrenewal of the underlying liability insurance 12 policy is not effective until the board receives written notice of the cancellation or 13 nonrenewal. 14 2. A business entity may meet the requirements of this section on behalf of its 15 employees. 324.2040. 1. Licenses not renewed within thirty days after the renewal date shall 2 lapse and shall be reinstated only upon the completion of the application process as 3 prescribed by the board by rule. 4 2. A licensee shall report any change of information submitted during the 5 application or renewal process in writing to the board within ten days of such change 6 taking place. The board shall not be responsible for a licensee not receiving notices, 7 communications, or other correspondence caused by a failure of the licensee to report 8 changes. 324.2045. 1. There is hereby established in the division the "Board of Radon 2 Safety". The board shall: 3 (1) Promote testing for and mitigation of radon in this state; 4 (2) Develop and conduct programs for evaluation and control of activities 5 related to radon, including laboratory analyses, inspection, measurement, and 6 mitigation; 7 (3) Issue licenses to eligible certified persons or business entities; 8 (4) Maintain a public list of all persons or business entities licensed by the board; 9 (5) Design and administer, or participate in the design and administration of, 10 educational and research programs to ensure citizens are informed about the health 11 risks associated with radon; 12 (6) Enter into agreements with any federal or state agency, political subdivision, 13 postsecondary education institution, nonprofit organization, or other person or entity to 14 assist with and administer grants received by the board including, but not limited to, the 15 Environmental Protection Agency's State and Tribal Indoor Radon Grants (SIRG) 16 program; 17 (7) Prepare an annual budget for the use of moneys received by the board from 18 the collection of fees, receipt of grants, and all other radon-related activities; HB 2730 8
19 (8) Collect or receive all fees and other moneys owed under sections 324.2000 to 20 324.2060 and deposit all those moneys into the radon control fund established in section 21 324.2047; 22 (9) Issue subpoenas only through the board's attorney and only under the 23 authority of the board's general counsel; 24 (10) Record minutes of board meetings and proceedings, which shall be 25 documented and made available for public inspection; 26 (11) Perform other duties and responsibilities relating to the topic of radon; 27 (12) Promulgate administrative regulations to administer, coordinate, and 28 enforce sections 324.2000 to 324.2060; 29 (13) Establish and maintain personnel and information and communication 30 systems, as necessary, to administer, coordinate, and enforce sections 324.2000 to 31 324.2060; and 32 (14) Ensure compliance with sections 324.2000 to 324.2060 and initiate 33 enforcement action. 34 2. Each member of the board shall be a citizen, a resident of this state or a 35 resident of a state adjacent to this state, and a radon measurement professional or radon 36 mitigation professional, except that licensure as such a professional shall be required 37 only as described in this section. 38