WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Committee Substitute for House Bill 2896
By Delegates Anderson, Zatezalo, Hanshaw (Mr. Speaker),
Smith, Riley, Foster, Steele, Tully, Young, Summers, and Hott [Originating in the Committee on Finance,
February 9, 2023]
 CS for HB 2896
1 A BILL to repeal §16-27-1, §16-27-2, §16-27-3, and §16-27-4 of the Code of West Virginia, 1931,
2 as amended; to repeal §16-34-1, §16-34-2, §16-34-3, §16-34-4, §16-34-5, §16-34-6, §16-
3 34-7, §16-34-8, §16-34-9, §16-34-10, §16-34-11, §16-34-12, §16-34-13, and §16-34-14 of
4 said code; to amend and reenact §18-9E-3 of said code; to amend said code by adding
5 thereto a new article, designated §22-34-1, §22-34-2, §22-34-3, §22-34-4, §22-34-5, §22-
6 34-6, §22-34-7, §22-34-8, §22-34-9, §22-34-10, §22-34-11, §22-34-12, §22-34-13, §22-
7 34-14, §22-34-15, §22-34-16, §22-34-17, §22-34-18, §22-34-19, §22-34-20, and §22-34-
8 21; to amend said code by adding thereto a new article, designated §22-35-1, §22-35-2,
9 §22-35-3, §22-35-4, §22-35-5, §22-35-6, §22-35-7, §22-35-8, §22-35-9, §22-35-10, §22-
10 35-11, §22-35-12, §22-35-13 and §22-35-14; and to amend and reenact §29-1H-3 and
11 §29-1H-5 of said code, all relating to making West Virginia an agreement state with the
12 United States Nuclear Regulatory Commission and transferring authority and
13 responsibility for sources of radiation from other state agencies to the Department of
14 Environmental Protection; establishing a comprehensive regulatory system for the control
15 of sources of radiation for the protection of the public and the environment; creating the
16 Radiation Control Act; providing for declaration of policy and purpose; providing for certain
17 definitions; providing for exemptions; creating the Radiation Advisory Board; providing for
18 the Board’s composition, authorities, duties, and for the compensation of members;
19 providing that the Department of Environmental Protection is be designated as the state
20 radiation control agency; providing for the Department’s duties, authorities, and
21 requirements for consistency with federal law and regulations; providing for
22 comprehensive programs and procedures to control radiation through general and specific
23 licensing of radioactive materials and equipment; establishing rule making authority under
24 the Department concerning radiation control; establishing licensing and registration
25 requirements and procedures; establishing fee schedules, funding sources, and forms;
26 transferring existing rules, licenses, policies, agreements, grants, and funding to the
1 1
 CS for HB 2896
27 Department from other agencies; establishing procedures and requirements regarding
28 perpetual custody of radioactive materials and sureties; providing for the Department to
29 acquire needed real estate interests; providing for a comprehensive program to regulate
30 Radon, and its screening, testing, and mitigation; providing for the regulation of X-ray
31 machines, and providing for reports, fees, and qualifications of such inspectors; creating
32 the Radiation Site Closure and Reclamation Fund with requirements and funding sources;
33 creating the Radiation Licensure and Inspection Fund with requirements and funding
34 sources; allowing for impounding sources of ionizing radiation; providing authority for the
35 Governor and the Department to enter into agreements with the federal government, other
36 states, or interstate agencies; defining effects on local ordinances; providing for
37 administrative procedure and judicial review; defining enforcement procedures regarding
38 violations of law; establishing civil penalties; establishing felonies with criminal penalties;
39 providing for the licensure of radon mitigators, testers, contractors, and laboratories;
40 providing for legislative findings; requiring radon licenses and providing requirements and
41 exemptions; providing for record keeping, rulemaking, and confidentiality; transferring a
42 special revenue fun and other funds to the Department; providing for suspension or
43 revocation of licenses for programs concerning radon and other radioactive materials;
44 continuing an existing misdemeanor with criminal penalties; and providing that the
45 Secretary of the Department of Environmental Protection shall assume responsibilities
46 under the Appalachian States Low-Level Radioactive Waste Compact.
Be it enacted by the Legislature of West Virginia:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 27. STORAGE AND DISPOSAL OF RADIOACTIVE WASTE MATERIALS.
§16-27-1. Definitions.
1 [Repealed.]
1 2
 CS for HB 2896
§16-27-2. Storage or disposal of radioactive waste material within the state prohibited;
exceptions.
1 [Repealed.]
§16-27-3. Authority of director of health.
1 [Repealed.]
§16-27-4. Penalties.
1 [Repealed].
ARTICLE 34. LICENSURE OF RADON MITIGATORS, TESTERS, CONTRACTORS
AND LABORATORIES.
§16-34-1. Legislative finding.
1 [Repealed].
§16-34-2. Definitions.
1 [Repealed].
§16-34-3. License required and exemptions.
1 [Repealed].
§16-34-4. Special licensure requirements.
1 [Repealed].
§16-34-5. Powers and duties of the director of the division of health.
1 [Repealed].
§16-34-6. Rules.
1 [Repealed].
§16-34-7. Complaints.
1 [Repealed].
§16-34-8. Licensed tester, mitigator and contractor list.
1 [Repealed].
1 3
 CS for HB 2896
§16-34-9. Record keeping and confidentiality.
1 [Repealed].
§16-34-10. Special revenue account.
1 [Repealed].
§16-34-11. Reciprocity.
1 [Repealed].
§16-34-12. Records review.
1 [Repealed].
§16-34-13. Reprimands; suspension or revocation of license; orders; hearings.
1 [Repealed].
§16-34-14. Penalties.
1 [Repealed].
CHAPTER 18. EDUCATION.
ARTICLE 9E. AIR QUALITY IN NEW SCHOOLS ACT.
§18-9E-3. Air quality in new schools.
1 (a) In an effort to create well-ventilated school environments and notwithstanding any other
2 provision of this code to the contrary, any new school building designed and constructed in the
3 state by a county board, regardless of the funding source, shall be designed and constructed in
4 compliance with the current standards of the American society of heating, refrigerating and air
5 conditioning engineers handbook (ASHRAE), the national fire protection association code (NFPA)
6 and the code of the building officials and code administrators (BOCA).
7 (b) Upon notice from the School Building Authority that a new public school building is
8 occupied, the division of health Department of Environmental Protection shall perform radon
9 testing in the school within the first year after occupancy and at least every five years thereafter.
10 The county board shall provide any reasonable assistance to the division of health Department of
1 4
 CS for HB 2896
11 Environmental Protection that is necessary to perform the radon testing. The radon testing shall
12 include all major student-occupied areas at or below grade level. If it is determined that radon is
13 present in amounts greater than the amount determined to be acceptable by the rules and
14 standards promulgated by the School Building Authority, pursuant to subsection (d) of this section
15 Department of Environmental Protection, any industry accepted mitigation technique shall be
16 used to reduce the radon level to the level at or below the level determined acceptable by the
17 School Building Authority acceptable level.
18 (c) If the School Building Authority determines that it is feasible to test for radon prior to the
19 construction of a school building, the School Building Authority may cause preconstruction site
20 testing for radon to be performed.
21 (d) The School Building Authority shall promulgate rules pursuant to §29A-3A-1 et seq. of
22 this code to ensure that any new school building designed after the effective date of this article is
23 designed and constructed in accordance with the current ASHRAE, NFPA and BOCA standards.
24 The School Building Authority shall promulgate rules, pursuant to article three-a, chapter twenty-
25 nine-a of this code, that establish standards for safe levels of radon for public school buildings. The
26 rules shall include the requirement that county boards submit all new school designs to the School
27 Building Authority for review and approval for compliance with current education standards and
28 design efficiencies prior to preparation of final bid documents.
29 (e) On or before July 1, 2002, the School Building Authority shall promulgate rules to
30 establish a process for independent testing, adjusting and balancing (TABS) heating, ventilation
31 and air conditioning (HVAC) systems in new school buildings or renovated schools when the
32 HVAC system has been replaced prior to occupancy. The process shall be consistent with current
33 ASHRAE standards and shall include, but not be limited to, the following:
34 (1) Requiring HVAC designers to be professional engineers registered in this state in the
35 specific discipline associated with the system being designed;
1 5
 CS for HB 2896
36 (2) Requiring a process to ensure that the HVAC system has been installed in the
37 prescribed manner and will operate within the performance guidelines as designed;
38 (3) Requiring participation of the design engineer who designed the system to verify the
39 intent of the design;
40 (4) Requiring the TAB agent to be qualified to perform the desired services and perform
41 testing and balancing procedures, or qualified to perform other School Building Authority-
42 approved certification according to the procedures contained in the associated air balance council
43 (AABC) national standards, the national environmental balancing bureau (NEBB) procedural
44 standards and the environment engineering consultants (EEC) standards for testing, adjusting
45 and balancing of environmental systems;
46 (5) Requiring that the independent TAB agent directly represent the building owner and is
47 under contract with the building owner and paid from project funds;
48 (6) Requiring that sufficient documentation is provided to the owner to facilitate control and
49 maintenance of the systems in accordance with the manufacturer’s requirements;
50 (7) Requiring that sufficient training is provided by the equipment manufacturer or an agent
51 of the manufacturer to those persons who will operate and maintain the systems prior to
52 occupation of the facility, including at least one full day follow-up training between six and eight
53 months after the facility has been occupied; and
54 (8) Requiring certification upon successful completion of the TAB process by the
55 independent TAB agent.
56 (f) To ensure proper maintenance and operation of new and replacement HVAC
57 equipment, the Department of Education, using existing staff, shall provide county maintenance
58 personnel additional training on the equipment and its controls at the site of the installation. The
59 training shall occur within one year after student occupation of any new school facility or at any
60 existing school facility where the HVAC system has been replaced or generally rehabilitated.
61 Additionally, the Department of Education’s facility staff shall provide on-site training to the county
1 6
 CS for HB 2896
62 maintenance staff on the county’s HVAC equipment at any facility that has been determined to
63 have problematic indoor air quality as identified through the complaint procedure set forth in state
64 board policy 6202.
65 (g) Upon completion of the required training, the Department of Education’s facility staff
66 shall provide the county board a report summarizing the training that was completed and a plan for
67 continuing education of the county’s HVAC staff. If sufficient staff is not available to the county to
68 perform maintenance on HVAC systems, the Department of Education’s staff shall assist the
69 county in the development of an immediate and long range maintenance plan to ensure that HVAC
70 systems are maintained and operated according to the manufacturer’s recommendations.
71 (h) Beginning July 1, 2002, and every three months thereafter, the Department of
72 Education shall forward to the School Building Authority copies of any complaints received by the
73 Department of Education of indoor air quality problems which require system repair or
74 replacement and are identified through the complaint procedure established in state board policy
75 6202.
76 (i) The state board shall promulgate rules, pursuant to article three-b, chapter twenty-nine-
77 a §29A-3B-1 et seq. of this code, in consultation with the division of health, that authorize the use
78 of any appropriate floor covering in public school buildings, based on user needs and performance
79 specifications.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 34. RADIATION CONTROL ACT.
§22-34-1. Declaration of policy.
1 It is the policy of the state in furtherance of its responsibility to protect the occupational and
2 public health and safety of the environment:
3 (1) To institute and maintain a regulatory program for sources of ionizing and nonionizing
4 radiation so as to provide for compatibility and equivalency with the standards and regulatory
1 7
 CS for HB 2896
5 programs of the federal government, a single effective system of regulation within the state, and a
6 system consonant insofar as possible with those of other states.
7 (2) To institute and maintain a program to permit development and use of sources of
8 radiation for peaceful purposes consistent with the health and safety of the public.
9 (3) To provide for the availability of capacity outside the state for the disposal of low-level
10 radioactive waste generated within the state except for waste generated as a result of defense or
11 federal research and development activities and to recognize that such radioactive waste can be
12 most safely and efficiently managed on a regional basis.
§22-34-2. Declaration of purpose.
1 This article is enacted to provide:
2 (1) A program of effective regulation of sources of radiation for the protection of the
3 occupational and public health and safety.
4 (2) A program to promote an orderly regulatory pattern within the state, among the states,
5 and between the federal government and the state and facilitate intergovernmental cooperation
6 with respect to use and regulation of sources of radiation to the end that duplication of regulation
7 may be minimized.
8 (3) A program to establish procedures for assumption and performance of certain
9 regulatory responsibilities with respect to byproduct, source and special nuclear materials, and
10 radiation generating equipment.
11 (4) A program to permit use of sources of radiation consistent with the health and safety of
12 the public.
§22-34-3. Definitions.
1 As used in this article unless the context requires a different meaning:
2 (1) "Board" means the Radiation Advisory Board which is hereby created and shall be
3 composed of four voting appointed members and three voting ex officio members as provided in
4 this article.
1 8
 CS for HB 2896
5 (2) "By-product material" means:
6 (A) Any radioactive material, except special nuclear material, yielded in or made
7 radioactive by exposure to the radiation incident to the process of producing or utilizing special
8 nuclear material;
9 (B) The tailings or wastes produced by the extraction or concentration of uranium or
10 thorium from any ore processed primarily of its source material content;
11 (C) Any discrete source of radium-226 that is produced, extracted, or converted after
12 extraction for use for a commercial, medical, or research activity;
13 (D) Any material that has been made radioactive by use of a particle accelerator and is
14 produced, extracted, or converted after extraction for use for a commercial, medical, or research
15 activity; and
16 (E) Any discrete source of naturally occurring radioactive material (NORM), other than
17 source material that the United States Nuclear Regulatory Commission, in consultation with the
18 Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of
19 Homeland Security, and the head of any other appropriate federal agency, determines would pose
20 a threat similar to the threat posed by a discrete source of radium-226 to the public health and
21 safety or the common defense and security, that is extracted, or converted after extraction, for use
22 for a commercial, medical, or research activity.
23 (3) "Civil penalty" mean