HF 3944

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 09:59am

A bill for an act
relating to health; specifying data from radon testing and mitigation; requiring
rulemaking on indoor radon licensure and work standards; providing exemptions
to radon licensing; changing fees for radon license application; allowing local
governments to require inspections or permits; amending Minnesota Statutes
2014, section 13.3805, by adding a subdivision; Minnesota Statutes 2015
Supplement, section 144.4961, subdivisions 3, 4, 5, 6, 8, by adding subdivisions;
Laws 2015, chapter 71, article 8, section 24.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 13.3805, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Radon testing and mitigation data. new text end

new text begin Data maintained by the Department
of Health that identify the address of a radon testing or mitigation site, and the name,
address, e-mail address, and telephone number of residents and residential property owners
of a radon testing or mitigation site, are private data on individuals or nonpublic data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 3, is
amended to read:

Subd. 3.

Rulemaking.

The commissioner of health shall adopt rules deleted text begin for deleted text end new text begin establishing new text end
licensure new text begin requirements new text end and deleted text begin enforcement of applicable laws and rules deleted text end new text begin work standards new text end
relating to indoor radon in dwellings and other buildings, with the exception of newly
constructed Minnesota homes according to section 326B.106, subdivision 6. The
commissioner shall coordinate, oversee, and implement all state functions in matters
concerning the presence, effects, measurement, and mitigation of risks of radon in
dwellings and other buildings.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 4, is
amended to read:

Subd. 4.

System tag.

All radon mitigation systems installed in Minnesota on or
after deleted text begin October 1, 2017 deleted text end new text begin January 1, 2018 new text end , must have a radon mitigation system tag provided
by the commissioner. A radon mitigation professional must attach the tag to the radon
mitigation system in a visible location.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 5, is
amended to read:

Subd. 5.

License required annually.

A license is required annually for every
person, firm, or corporation that deleted text begin sells a device or deleted text end performs a service for compensation
to detect the presence of radon in the indoor atmosphere, performs laboratory analysis,
or performs a service to mitigate radon in the indoor atmosphere. deleted text begin This section does not
apply to retail stores that only sell or distribute radon sampling but are not engaged in the
manufacture of radon sampling devices.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 6, is
amended to read:

Subd. 6.

Exemptions.

new text begin This section does not apply to:
new text end

new text begin (1) new text end radon new text begin control new text end systems installed in newly constructed Minnesota homes according
to section 326B.106, subdivision 6, prior to the issuance of a certificate of occupancy deleted text begin are
not required to follow the requirements of this section. deleted text end new text begin ;
new text end

new text begin (2) employees of a firm or corporation that installs radon control systems in newly
constructed Minnesota homes specified in clause (1);
new text end

new text begin (3) a person authorized as a building official under Minnesota Rules, part 1300.0110,
or that person's designee; or
new text end

new text begin (4) any person, firm, corporation, or entity that distributes radon testing devices or
information for general educational purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 8, is
amended to read:

Subd. 8.

Licensing fees.

(a) All radon license applications submitted to the
commissioner of health must be accompanied by the required fees. If the commissioner
determines that insufficient fees were paid, the necessary additional fees must be paid
before the commissioner approves the application. The commissioner shall charge the
following fees for each radon license:

(1) Each measurement professional license, deleted text begin $300 deleted text end new text begin $150 new text end per year. "Measurement
professional" means any person who performs a test to determine the presence and
concentration of radon in a building deleted text begin they do deleted text end new text begin the person does new text end not own or lease deleted text begin ; provides
professional or expert advice on radon testing, radon exposure, or health risks related to
radon exposure; or makes representations of doing any of these activities deleted text end .

(2) Each mitigation professional license, deleted text begin $500 deleted text end new text begin $250 new text end per year. "Mitigation
professional" means an individual who deleted text begin performs deleted text end new text begin installs or designs a new text end radon mitigation
new text begin system new text end in a building deleted text begin they do deleted text end new text begin the individual does new text end not own or lease deleted text begin ; provides professional or
expert advice on radon mitigation or radon entry routes; deleted text end or provides on-site supervision
of radon mitigation and mitigation technicians deleted text begin ; or makes representations of doing any of
these activities deleted text end . new text begin "On-site supervision" means a review at the property of mitigation work
upon completion of the work and attachment of a system tag. Employees or subcontractors
who are supervised by a licensed mitigation professional are not required to be licensed
under this clause. new text end This license also permits the licensee to perform the activities of a
measurement professional described in clause (1).

(3) Each mitigation company license, deleted text begin $500 deleted text end new text begin $100 new text end per year. "Mitigation company"
means any business or government entity that performs or authorizes employees to
perform radon mitigation. This fee is waived if the new text begin mitigation new text end company deleted text begin is a sole
proprietorship deleted text end new text begin employs only one licensed mitigation professional new text end .

(4) Each radon analysis laboratory license, $500 per year. "Radon analysis
laboratory" means a business entity or government entity that analyzes passive radon
detection devices to determine the presence and concentration of radon in the devices.
This fee is waived if the laboratory is a government entity and is only distributing test kits
for the general public to use in Minnesota.

(5) Each Minnesota Department of Health radon mitigation system tag, $75 per tag.
"Minnesota Department of Health radon mitigation system tag" or "system tag" means a
unique identifiable radon system label provided by the commissioner of health.

(b) Fees collected under this section shall be deposited in the state treasury and
credited to the state government special revenue fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2015 Supplement, section 144.4961, is amended by adding
a subdivision to read:

new text begin Subd. 10. new text end

new text begin Local inspections or permits. new text end

new text begin This section does not preclude local units
of government from requiring additional permits or inspections for radon control systems,
and does not supersede any local inspection or permit requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2015 Supplement, section 144.4961, is amended by adding
a subdivision to read:

new text begin Subd. 11. new text end

new text begin Application; newly constructed homes. new text end

new text begin This section does not apply to
newly constructed Minnesota homes according to section 326B.106, subdivision 6, prior
to the issuance of a certificate of occupancy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Laws 2015, chapter 71, article 8, section 24, the effective date, is amended to
read:

EFFECTIVE DATE.

This section is effective July 1, 2015, except subdivisions 4
and 5, which are effective deleted text begin October 1, 2017 deleted text end new text begin January 1, 2018 new text end .