Bill Summary – FastDemocracy

SECOND REGULAR SESSION
                        HOUSE BILL NO. 2995
                               103RD GENERAL ASSEMBLY


                                INTRODUCED BY REPRESENTATIVE CATON.

     6158H.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,
 to be known as sections 324.2000, 324.2005, 324.2010, 324.2015, 324.2020, 324.2025,
 324.2030, 324.2035, 324.2040, 324.2045, 324.2050, 324.2055, 324.2060, and 324.2065, to
 read as follows:
            324.2000. As used in sections 324.2000 to 324.2065, unless the context requires
 otherwise, the following terms mean:
        (1) "Alter", to change or modify a building or building design, or to revise,
 rather than repair, a mitigation system or mitigation system design;
        (2) "Board of radon safety" or "board", the group of radon professionals
 representing radon business entities as well as nonradon professionals acting on behalf
 of the board to establish and implement standards, policies, protocols, and procedures
 in accordance with sections 324.2000 to 324.2065;
        (3) "Building", any structure used or intended to be used for supporting or
 sheltering any use or occupancy;
        (4) "Certified", meeting the certification requirements of an EPA-recognized
 radon proficiency program for radon measurement or radon mitigation;
        (5) "Compensation", something of value given or received in exchange for radon
 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.
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        (6) "Direct supervision", on-site supervision by a certified person who accepts
 responsibility for ensuring compliance by his or her employees, subcontractors, or other
 designated agents with all applicable requirements under sections 324.2000 to 324.2065;
        (7) "Division", the division of professional registration;
        (8) "EPA", the United States Environmental Protection Agency;
        (9) "Laboratory analysis", the act of analyzing radon or radon progeny
 concentrations with passive measurement devices, the act of calibrating radon or radon
 progeny measurement devices, or the act of exposing radon or radon progeny
 measurement devices to controlled concentrations of radon or radon progeny;
        (10) "Licensee", a person or business entity licensed by the board as a
 measurement professional, mitigation professional, radon mitigation inspector, or radon
 laboratory;
        (11) "Measurement", the act of testing the air, water, or soil using an active or
 passive measurement device for the presence of radon or radon progeny in the indoor
 environment of a building;
        (12) "Measurement device", any active or passive device approved by a radon
 proficiency program and used for the measurement of radon or radon progeny in air or
 water in the indoor environment of a building;
        (13) "Measurement professional", a person certified by a radon proficiency
 program who provides radon measurement for compensation and who meets the
 requirements of section 324.2010;
        (14) "Mitigation", the act of installing, repairing, or altering an active or passive
 system for the purpose, in whole or in part, of reducing the concentration of radon or
 radon progeny in the indoor environment of a building;
        (15) "Mitigation professional", a person certified by a radon proficiency
 program who provides radon mitigation for compensation and who meets the
 requirements of section 324.2015;
        (16) "Mitigation system", any active or passive system designed to reduce radon
 concentrations in the indoor environment of a building;
        (17) "Person", an individual, corporation, association, or other legal entity;
        (18) "Prescribed", promulgated by administrative regulation by the board;
        (19) "Proficiency program", a national radon credentialing body that is
 currently recognized by the United States Environmental Protection Agency;
        (20) "Radon", a naturally occurring radioactive element that is produced by the
 breakdown of uranium and exists as a colorless, odorless, and tasteless inert gas;
        (21) "Radon laboratory", a business entity approved by a laboratory
 accreditation program recognized by the National Environmental Laboratory
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 Accreditation Program that provides laboratory analysis for compensation and meets
 the requirements of section 324.2025;
        (22) "Radon mitigation inspector", a person certified by a radon proficiency
 program who provides inspection of radon systems for compensation and who meets the
 requirements of section 324.2020;
        (23) "Radon progeny", any combination of the radioactive decay products of
 radon;
        (24) "Research", board-approved scientific investigation that includes radon
 measurement, mitigation, inspection, or laboratory analysis;
        (25) "Standard", a current written document developed and continuously
 maintained by a standards development organization accredited by the American
 National Standards Institute that describes in detail commonly accepted methods for
 the performance of certain tasks.
            324.2005. 1. No person or business entity shall conduct radon measurement,
 mitigation, inspection, or laboratory analysis in this state after December 31, 2026, for
 compensation without the appropriate private certification and state licensing required
 under sections 324.2000 to 324.2065. The certification and licensing requirements of
 sections 324.2000 to 324.2065 shall not apply to any person or business entity before
 January 1, 2027.
        2. No person or business entity shall advertise or claim to be a radon
 measurement professional, radon mitigation professional, radon mitigation inspector, or
 radon laboratory unless certified and licensed under sections 324.2000 to 324.2065.
        3. A radon business entity may engage in radon measurement, mitigation,
 inspection, or laboratory analysis if the owner or an employee associated with the radon
 business entity is a measurement or mitigation professional, radon mitigation inspector,
 or radon laboratory, as applicable, and performs or supervises the radon measurement,
 mitigation, inspection, or laboratory analysis work as applicable. Any business entity
 that employs these persons shall have a radon business entity license.
        4. A measurement or mitigation professional directly in charge of measurement
 or mitigation activities within a radon business entity shall notify the board in writing
 immediately upon conclusion of the relationship with the radon business entity.
        5. A person who owns or rents a single-family home and occupies it may test the
 home. A person who owns and occupies a single-family home may install a radon
 mitigation system if such installation is in accordance with the applicable standard and
 the person certifies to the board that mitigation installation by a nonlicensed person will
 be disclosed upon the sale of the home.
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        6. Any homeowner or renter who receives a radon test kit from the state of
 Missouri or any nonprofit health-related organization or who purchases a radon test kit
 from any business in this state or online by mail order shall be exempt from the
 requirements of sections 324.2000 to 324.2065 as long as the test kit is used in the
 homeowner's or renter's personal home only.
        7. The board may authorize by regulation subcategories of measurement,
 mitigation, and inspection licensure to align with credentials that may be established by
 a proficiency program and specify related requirements and limitations.
        8. The board may establish reciprocity arrangements with bordering states.
            324.2010. 1. The board shall issue a measurement professional license, effective
 for a period of two years, to any person certified for measurement who:
        (1) Completes an application and pays a fee prescribed by the board by rule;
        (2) Presents current proof of certification by a radon proficiency program; and
        (3) Furnishes evidence of a general liability insurance policy that satisfies the
 requirements of section 324.2035.
        2. The board shall renew the measurement professional license, effective for a
 period of two years, of any person who:
        (1) Completes a licensure renewal process and pays a fee prescribed by the
 board by rule;
        (2) Presents current proof of certification by a radon proficiency program; and
        (3) Furnishes evidence of a general liability insurance policy that satisfies the
 requirements of section 324.2035.
        3. A measurement professional shall:
        (1) Maintain certification by a radon proficiency program;
        (2) Ensure measurements are conducted in accordance with the applicable
 standard and administrative regulations;
        (3) Maintain a quality assurance plan in accordance with the standard for
 measurement systems quality assurance;
        (4) Ensure measurements are conducted by or under the direct supervision of a
 measurement professional;
        (5) Use or sell only measurement devices approved by the radon proficiency
 program that certifies the person;
        (6) Report all measurements as prescribed by the board; and
        (7) Ensure all laboratory analysis is conducted by a radon laboratory.
            324.2015. 1. The board shall issue a mitigation professional license, effective for
 a period of two years, to any person certified for mitigation who:
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         (1) Completes an application process and pays a fee prescribed by the board by
 rule;
        (2) Presents proof of certification by a radon proficiency program; and
        (3) Furnishes evidence of a general liability insurance policy that satisfies the
 requirements of section 324.2035.
        2. The board shall renew the mitigation professional license, effective for a
 period of two years, of any person who:
        (1) Completes a license renewal process and pays a fee prescribed by the board
 by rule;
        (2) Presents current proof of certification by a radon proficiency program; and
        (3) Furnishes evidence of a general liability insurance policy that satisfies the
 requirements of section 324.2035.
        3. A mitigation professional shall:
        (1) Maintain certification by a radon proficiency program;
        (2) Ensure mitigations are conducted in accordance with the applicable
 mitigation standard and administrative regulations;
        (3) Maintain a quality management plan in accordance with the applicable
 standard for mitigation;
        (4) Ensure all mitigation is conducted by or under the direct supervision of a
 mitigation professional;
        (5) Report all mitigations as prescribed by the board; and
        (6) Ensure all radon mitigation systems repaired or altered after December 31,
 2026, meet the applicable mitigation standard.
            324.2020. 1. The board shall issue a radon mitigation inspector license, effective
 for a period of two years, to any person certified for radon mitigation inspection who:
        (1) Completes an application and pays a fee prescribed by the board by rule;
        (2) Presents current proof of certification by a radon proficiency program; and
        (3) Furnishes evidence of a general liability insurance policy that satisfies the
 requirements of section 324.2035.
        2. The board shall renew the radon mitigation inspector license, effective for a
 period of two years, of any person who:
        (1) Completes a licensure renewal process and pays a fee prescribed by the
 board by rule;
        (2) Presents current proof of certification by a radon proficiency program; and
        (3) Furnishes evidence of a general liability insurance policy that satisfies the
 requirements of section 324.2035.
        3. A radon mitigation inspector shall:
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      (1) Maintain certification by a radon proficiency program;
      (2) Ensure inspections are conducted in accordance with the applicable standard
and administrative regulations; and
      (3) Report all inspections as prescribed by the board.
          324.2025. 1. The board shall issue a radon laboratory license to any business
entity approved for radon laboratory analysis that:
      (1) Completes an application process and pays a fee prescribed by the board by
rule;
      (2) Presents proof of independent third-party accreditation; and
      (3) Furnishes evidence of a general liability insurance policy that satisfies the
requirements of section 324.2035.
      2. The board shall renew the radon laboratory license of any business entity
that:
      (1) Completes a license renewal process and pays a fee prescribed by the board
by rule;
      (2) Presents current proof of approval by a radon proficiency program; and
      (3) Furnishes evidence of a general liability insurance policy that satisfies the
requirements of section 324.2035.
      3. A radon laboratory shall:
      (1) Maintain proof of accreditation by a laboratory accreditation program
recognized by the National Environmental Laboratory Accreditation Program;
      (2) Ensure all laboratory analysis is conducted in accordance with the applicable
laboratory analysis standard;
      (3) Maintain a quality control program plan in accordance with the applicable
standard for performance criteria for measurement systems; and
      (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
period of two years, to any business for which the application designates a responsible
person and a licensed radon professional and for which a fee is paid.
      2. The radon business entity shall notify the board of the transfer of the radon
business entity license to another business entity within thirty days.
          324.2035. 1. Each radon mitigation professional, radon measurement
professional, radon mitigation inspector, and radon laboratory shall maintain an
insurance policy in effect at all times during the licensure period that:
      (1) Is issued by an insurance company or other legal entity permitted to transact
insurance business in this state;
      (2) Provides for applicable liability coverage as follows:
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         (a) For measurement professionals and radon mitigation inspectors, liability
 coverage in an amount of at least two hundred fifty thousand dollars per occurrence;
 and
         (b) For mitigation professionals and radon laboratories, liability coverage in an
 amount of at least five hundred thousand dollars per occurrence;
         (3) Lists the board as a certificate holder of any insurance policy issued under
 this section; and
         (4) States that cancellation or nonrenewal of the underlying liability insurance
 policy is not effective until the board receives written notice of the cancellation or
 nonrenewal.
         2. A business entity may meet the requirements of this section on behalf of its
 employees.
             324.2040. 1. Licenses not renewed within thirty days after the renewal date shall
 lapse and shall be reinstated only upon the completion of the application process as
 prescribed by the board by rule.
         2. A licensee shall report any change of information submitted during the
 application or renewal process in writing to the board within ten days of such change
 taking place. The board shall not be responsible for a licensee not receiving notices,
 communications, or other correspondence caused by a failure of the licensee to report
 changes.
             324.2045. 1. There is hereby established in the division the "Board of Radon
 Safety". The board shall:
         (1) Promote testing for and mitigation of radon in this state in collaboration with
 the department of health and senior services;
         (2) Develop and conduct programs for evaluation and control of activities
 related to radon, including laboratory analyses, inspection, measurement, and
 mitigation;
         (3) Issue licenses to eligible certified persons or business entities;
         (4) Maintain a public list of all persons or business entities licensed by the board;
         (5) Design and administer, or participate in the design and administration of,
 educational and research programs in collaboration with the department of health and
 senior services to ensure citizens are informed about the health risks associated with
 radon;
         (6) Enter into agreements with any federal or state agency, political subdivision,
 postsecondary education institution, nonprofit organization, or other person or entity to
 assist with and administer funds received by the board including, but not limited to,
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 funds received through the United States Environmental Protection Agency's State and
 Tribal Indoor Radon Grants (SIRG) program;
        (7) Prepare an annual budget for the use of moneys received by the board from
 the collection of fees, receipt of grants, and all other radon-related activities;
        (8) Collect or receive all fees and other moneys owed under sections 324.2000 to
 324.2065 and deposit all those moneys into the radon control fund established in section
 324.2050;
        (9) Issue subpoenas only through the board's attorney and only under the
 authority of the board's general counsel;
        (10) Record minutes of board meetings and proceedings, which shall be
 documented and made available for public inspection;
        (11) Perform other duties and responsibilities relating to the topic of radon in
 collaboration with the department of health and senior services;
        (12) Promulgate administrative regulations to administer, coordinate, and
 enforce sections 324.2000 to 324.2065;
        (13) Establish and maintain personnel and information and communication
 systems, as necessary, to administer, coordinate, and enforce sections 324.2000 to
 324.2065; and
        (14) Ensure compliance with sections 324.2000 to 324.2065 and initia