SF 3209

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 08:41am

A bill for an act
relating to health; moving the regulation of radon licensing activities from the
commissioner of health to the commissioner of labor and industry; appropriating
money; amending Minnesota Statutes 2018, section 144.4961, subdivisions 3, 8,
9.

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

Section 1.

Minnesota Statutes 2018, section 144.4961, subdivision 3, is amended to read:

Subd. 3.

Rulemaking.

The commissioner of deleted text begin health deleted text end new text begin labor and industry new text end shall adopt rules
establishing licensure requirements and work standards 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. deleted text begin Rules adopted by the
commissioner under this subdivision are effective beginning January 1, 2019.
deleted text end

Sec. 2.

Minnesota Statutes 2018, 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, $150 per year. "Measurement professional"
means any person who performs a test to determine the presence and concentration of radon
in a building the person does not own or lease.

(2) Each mitigation professional license, $250 per year. "Mitigation professional" means
an individual who installs or designs a radon mitigation system in a building the individual
does not own or lease, or provides on-site supervision of radon mitigation and mitigation
technicians. "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. This license also permits the licensee to perform the activities of a measurement
professional described in clause (1).

(3) Each mitigation company license, $100 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 mitigation company employs only one licensed mitigation
professional.

(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 deleted text begin Health deleted text end new text begin Labor and Industry new text end radon mitigation system
tag, $75 per tag. "Minnesota Department of deleted text begin Health deleted text end new text begin Labor and Industry new text end radon mitigation
system tag" or "system tag" means a unique identifiable radon system label provided by the
commissioner of deleted text begin health deleted text end new text begin labor and industry new text end .

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

Sec. 3.

Minnesota Statutes 2018, section 144.4961, subdivision 9, is amended to read:

Subd. 9.

Enforcement.

The commissioner shall enforce this section under the provisions
of deleted text begin sections 144.989 to 144.993 deleted text end new text begin chapter 326B new text end .

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $...... is appropriated in fiscal year 2021 from the state government special revenue fund
to the commissioner of labor and industry to implement the Minnesota Radon Licensing
Act.
new text end

Sec. 5. new text begin REDUCTION IN APPROPRIATION.
new text end

new text begin In fiscal year 2021, the state government special revenue fund appropriation to the
commissioner of health for licensing requirements under the Minnesota Radon Licensing
Act is reduced by $.......
new text end

Sec. 6. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall recode Minnesota Statutes, section 144.4961, into chapter
326B, and shall revise any statutory cross-references consistent with this recoding.
new text end