S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10086
 
                           I N  A S S E M B L Y
 
                                May 3, 2024
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to establishing  radon  meas-
   urement  license and mitigation license requirements; and to amend the
   state finance law, in relation to establishing  the  radon  mitigation
   and control fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new  article  32-A  to
 read as follows:
                               ARTICLE 32-A
              RADON MEASUREMENT AND RADON MITIGATION LICENSES
 SECTION 949.   DEFINITIONS.
         949-A. PROHIBITION AGAINST CONDUCT OF RADON MEASUREMENT OR RADON
                  MITIGATION WITHOUT A LICENSE.
         949-B. LICENSURE OF A RADON MEASUREMENT PROFESSIONAL.
         949-C. LICENSURE OF RADON MITIGATION PROFESSIONAL.
         949-D. LICENSURE OF RADON BUSINESS ENTITIES.
         949-E. LIABILITY INSURANCE POLICY REQUIREMENT.
         949-F. DUTIES OF LICENSEES; LAPSE; REPORT CHANGES.
         949-G. POWER OF THE DEPARTMENT TO EXAMINE AND INSPECT.
         949-H. CIVIL PENALTIES AND REVOCATION.
         949-I. LOCATION AND RETENTION OF REQUIRED RECORDS.
         949-J. RESPONSIBILITIES AND AUTHORITY OF THE DEPARTMENT.
   §  949.  DEFINITIONS.  AS  USED  IN  THIS  ARTICLE, UNLESS THE CONTEXT
 REQUIRES OTHERWISE:
   1. "ALTER" MEANS TO CHANGE OR MODIFY A BUILDING OR BUILDING DESIGN  OR
 TO REVISE A MITIGATION SYSTEM OR MITIGATION SYSTEM DESIGN.
   2.  "BUILDING"  MEANS  ANY  STRUCTURE  USED OR INTENDED TO BE USED FOR
 SUPPORTING OR SHELTERING ANY USE OR OCCUPANCY.
   3. "CERTIFIED" MEANS  MEETING  THE  REQUIREMENTS  OF  A  CERTIFICATION
 PROGRAM  RECOGNIZED  BY  THE  DEPARTMENT  FOR RADON MEASUREMENT OR RADON
 MITIGATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15106-02-4
              

 A. 10086                            2
 
   4. "COMPENSATION" MEANS  SOMETHING  OF  VALUE  GIVEN  OR  RECEIVED  IN
 EXCHANGE FOR RADON MEASUREMENT OR RADON MITIGATION.
   5. "DIRECT SUPERVISION" MEANS ONSITE SUPERVISION BY A PERSON CERTIFIED
 TO PROVIDE RADON MEASUREMENT OR RADON MITIGATION SERVICES.
   6.  "GOVERNMENT  AGENCY"  MEANS THE STATE, A STATE AGENCY, A POLITICAL
 SUBDIVISION, OR ANY ENTITY OF LOCAL GOVERNMENT.
   7. "LABORATORY ANALYSIS" MEANS THE ACT OF ANALYZING FOR RADON OR RADON
 PROGENY CONCENTRATIONS WITH PASSIVE  MEASUREMENT  DEVICES  OR  ANALYZING
 DATA FROM A CONTINUOUS RADON MONITOR OR ELECTRETS; "LABORATORY ANALYSIS"
 ALSO  MEANS  THE  ACT  OF CALIBRATING RADON OR RADON PROGENY MEASUREMENT
 DEVICES OR THE ACT  OF  EXPOSING  RADON  OR  RADON  PROGENY  DEVICES  TO
 CONTROLLED CONCENTRATIONS OF RADON OR RADON PROGENY.
   8. "MEASUREMENT" MEANS THE ACT OF TESTING THE AIR OR POTABLE WATER FOR
 THE  PRESENCE  OF  RADON OR RADON PROGENY IN THE INDOOR ENVIRONMENT OF A
 BUILDING USING AN ACTIVE OR PASSIVE MEASUREMENT DEVICE.
   9. "MEASUREMENT DEVICE" MEANS ANY ACTIVE OR PASSIVE DEVICE APPROVED BY
 A CERTIFICATION OR PROFICIENCY PROGRAM AND USED FOR THE  MEASUREMENT  OF
 RADON OR RADON PROGENY IN AIR OR POTABLE WATER IN THE INDOOR ENVIRONMENT
 OF A BUILDING.
   10.  "MEASUREMENT  PROFESSIONAL" MEANS A PERSON CERTIFIED BY A CREDEN-
 TIALING PROGRAM RECOGNIZED BY THE DEPARTMENT WHO PROVIDES RADON MEASURE-
 MENT FOR COMPENSATION AND WHO MEETS THE  REQUIREMENTS  OF  SECTION  NINE
 HUNDRED FORTY-NINE-B OF THIS ARTICLE.
   11.  "MITIGATION"  MEANS 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 ENVI-
 RONMENT OF A BUILDING.
   12.  "MITIGATION  PROFESSIONAL"  MEANS A PERSON CERTIFIED BY A CREDEN-
 TIALING PROGRAM RECOGNIZED BY THE DEPARTMENT WHO  PROVIDES  RADON  MITI-
 GATION  FOR  COMPENSATION AND WHO MEETS THE REQUIREMENTS OF SECTION NINE
 HUNDRED FORTY-NINE-C OF THIS ARTICLE.
   13. "MITIGATION SYSTEM" MEANS ANY ACTIVE OR PASSIVE SYSTEM DESIGNED TO
 REDUCE RADON CONCENTRATIONS IN THE INDOOR ENVIRONMENT OF A BUILDING.
   14. "CREDENTIALING BODY" MEANS A PROVIDER WHO  IS  RECOGNIZED  BY  THE
 ENVIRONMENTAL  PROTECTION  AGENCY  AS  AN  ENTITY THAT CAN PROVIDE RADON
 CERTIFICATION TO QUALIFIED PERSONS.
   15. "RADON" MEANS  A  NATURALLY  OCCURRING  RADIOACTIVE  ELEMENT  THAT
 EXISTS AS A COLORLESS, ODORLESS, AND TASTELESS INERT GAS.
   16.  "RADON LABORATORY" MEANS AN ENTITY CERTIFIED BY THE DEPARTMENT OF
 HEALTH'S ENVIRONMENTAL LABORATORY APPROVAL PROGRAM TO MEASURE RADON  AND
 RADON PROGENY IN AIR AND POTABLE WATER.
   17.  "RADON  PROGENY"  MEANS  ANY COMBINATION OF THE RADIOACTIVE DECAY
 PRODUCTS OF RADON.
   18. "LICENSEE" MEANS A PERSON  OR  BUSINESS  ENTITY  LICENSED  BY  THE
 DEPARTMENT  AS  A  RADON  MEASUREMENT  PROFESSIONAL  OR RADON MITIGATION
 PROFESSIONAL.
   19. "STANDARD" MEANS A CURRENT WRITTEN DOCUMENT DEVELOPED AND  CONTIN-
 UOUSLY MAINTAINED ACCORDING TO THE REQUIREMENTS OF THE AMERICAN NATIONAL
 STANDARDS  INSTITUTE  (ANSI)  OR BY A STANDARDS DEVELOPMENT ORGANIZATION
 ACCREDITED BY THE ANSI THAT DESCRIBES IN DETAIL COMMONLY ACCEPTED  METH-
 ODS FOR THE PERFORMANCE OF CERTAIN TASKS.
   §  949-A.  PROHIBITION  AGAINST  CONDUCT OF RADON MEASUREMENT OR RADON
 MITIGATION WITHOUT A LICENSE. 1. NO  PERSON  OR  BUSINESS  ENTITY  SHALL
 CONDUCT  RADON  MEASUREMENT  OR MITIGATION IN THIS STATE WITHOUT A VALID
 RADON MEASUREMENT PROFESSIONAL LICENSE OR RADON MITIGATION  PROFESSIONAL
 LICENSE  PURSUANT  TO  THIS  ARTICLE. NO PERSON OR BUSINESS ENTITY SHALL
 A. 10086                            3
 
 ADVERTISE OR CLAIM TO BE A RADON MEASUREMENT  PROFESSIONAL  OR  A  RADON
 MITIGATION  PROFESSIONAL  UNLESS  SUCH  PERSON  OR  BUSINESS  ENTITY  IS
 LICENSED PURSUANT TO THIS ARTICLE.
   2.  A  BUSINESS  ENTITY MAY ENGAGE IN RADON MEASUREMENT OR RADON MITI-
 GATION IF THE OWNER OR AN EMPLOYEE ASSOCIATED WITH THE  BUSINESS  ENTITY
 IS  A RADON MEASUREMENT OR RADON MITIGATION PROFESSIONAL, AS APPLICABLE,
 AND PERFORMS OR SUPERVISES THE WORK AS APPLICABLE. ANY  BUSINESS  ENTITY
 THAT  EMPLOYS  PERSONS  TO PERFORM RADON MEASUREMENT OR RADON MITIGATION
 SHALL HAVE A BUSINESS ENTITY LICENSE.
   3. THE LICENSURE REQUIREMENTS OF THIS ARTICLE  SHALL  APPLY  TO  RADON
 MEASUREMENT  PROFESSIONALS,  RADON  MEASUREMENT BUSINESS ENTITIES, RADON
 MITIGATION  PROFESSIONALS  AND  RADON  MITIGATION   BUSINESS   ENTITIES;
 PROVIDED, HOWEVER, THAT SUCH LICENSURE REQUIREMENTS SHALL NOT APPLY TO:
   (A)  A  PERSON  PERFORMING  RADON MEASUREMENT OR RADON MITIGATION ON A
 SINGLE-FAMILY RESIDENTIAL BUILDING THAT SUCH PERSON OWNS AND OCCUPIES OR
 ON A RENTAL PROPERTY THAT SUCH PERSON OCCUPIES;
   (B) A PERSON PERFORMING RADON MEASUREMENT WHO ASSISTS AND IS UNDER THE
 DIRECT SUPERVISION OF A RADON MEASUREMENT PROFESSIONAL;
   (C) A PERSON PERFORMING RADON MITIGATION WHO ASSISTS AND IS UNDER  THE
 DIRECT SUPERVISION OF A MITIGATION PROFESSIONAL; OR
   (D)  AN  AGENT  OF A FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY ACTING
 WITHIN SUCH AGENT'S OFFICIAL CAPACITY.
   § 949-B. LICENSURE OF A RADON MEASUREMENT PROFESSIONAL. 1. THE DEPART-
 MENT SHALL ISSUE A RADON MEASUREMENT PROFESSIONAL LICENSE TO ANY  PERSON
 CERTIFIED TO MEASURE RADON WHO:
   (A)  COMPLETES  AN  APPLICATION  AND  PAYS  A FEE AS PRESCRIBED BY THE
 DEPARTMENT;
   (B) PRESENTS CURRENT PROOF OF CERTIFICATION TO MEASURE RADON ISSUED BY
 A CREDENTIALING BODY APPROVED BY THE DEPARTMENT; AND
   (C) FURNISHES EVIDENCE OF A GENERAL LIABILITY  INSURANCE  POLICY  THAT
 SATISFIES THE REQUIREMENTS OF THIS ARTICLE.
   2.  THE  DEPARTMENT  SHALL  RENEW  THE  RADON MEASUREMENT PROFESSIONAL
 LICENSE OF ANY PERSON WHO:
   (A) COMPLETES A RENEWAL APPLICATION AND PAYS A FEE  AS  PRESCRIBED  BY
 THE DEPARTMENT;
   (B) PRESENTS CURRENT PROOF OF CERTIFICATION TO MEASURE RADON ISSUED BY
 A CREDENTIALING BODY ACCEPTABLE TO THE DEPARTMENT; AND
   (C)  FURNISHES  EVIDENCE  OF A GENERAL LIABILITY INSURANCE POLICY THAT
 SATISFIES THE REQUIREMENTS OF THIS ARTICLE.
   3. A RADON MEASUREMENT PROFESSIONAL SHALL:
   (A) MAINTAIN CERTIFICATION TO MEASURE RADON BY  A  CREDENTIALING  BODY
 APPROVED BY THE DEPARTMENT;
   (B)  ENSURE  THAT  ALL  RADON MEASUREMENTS ARE CONDUCTED IN ACCORDANCE
 WITH THE APPLICABLE RADON MEASUREMENT STANDARD;
   (C) MAINTAIN A QUALITY ASSURANCE PLAN IN ACCORDANCE WITH THE  STANDARD
 FOR RADON MEASUREMENT SYSTEMS QUALITY ASSURANCE;
   (D)  ENSURE  THAT ALL RADON MEASUREMENTS ARE CONDUCTED BY OR UNDER THE
 DIRECT SUPERVISION OF A RADON MEASUREMENT PROFESSIONAL;
   (E) ONLY USE OR SELL RADON MEASUREMENT DEVICES APPROVED BY THE CREDEN-
 TIALING BODY THAT ISSUED THE  RADON  MEASUREMENT  CERTIFICATION  TO  THE
 RADON MEASUREMENT PROFESSIONAL;
   (F)  REPORT  ALL  RADON  MEASUREMENTS  IN THE MANNER PRESCRIBED BY THE
 DEPARTMENT OF HEALTH; AND
   (G) ENSURE THAT ALL SAMPLE ANALYSIS IS CONDUCTED BY A RADON LABORATORY
 APPROVED BY THE DEPARTMENT OF HEALTH ENVIRONMENTAL  LABORATORY  APPROVAL
 PROGRAM.
 A. 10086                            4
 
   § 949-C. LICENSURE OF RADON MITIGATION PROFESSIONAL. 1. THE DEPARTMENT
 SHALL ISSUE A RADON MITIGATION PROFESSIONAL LICENSE TO ANY PERSON CERTI-
 FIED TO PERFORM RADON MITIGATION WHO:
   (A)  COMPLETES  AN  APPLICATION  AND  PAYS  A FEE AS PRESCRIBED BY THE
 DEPARTMENT;
   (B) PRESENTS CURRENT PROOF OF CERTIFICATION TO MITIGATE  RADON  ISSUED
 BY A CREDENTIALING BODY APPROVED BY THE DEPARTMENT; AND
   (C)  FURNISHES  EVIDENCE  OF A GENERAL LIABILITY INSURANCE POLICY THAT
 SATISFIES THE REQUIREMENTS OF THIS ARTICLE.
   2. THE  DEPARTMENT  SHALL  RENEW  THE  RADON  MITIGATION  PROFESSIONAL
 LICENSE OF ANY PERSON WHO:
   (A)  COMPLETES  A  RENEWAL APPLICATION AND PAYS A FEE AS PRESCRIBED BY
 THE DEPARTMENT;
   (B) PRESENTS CURRENT PROOF OF CERTIFICATION TO MITIGATE  RADON  ISSUED
 BY A CREDENTIALING BODY APPROVED BY THE DEPARTMENT; AND
   (C)  FURNISHES  EVIDENCE  OF A GENERAL LIABILITY INSURANCE POLICY THAT
 SATISFIES THE REQUIREMENTS OF THIS ARTICLE.
   3. A RADON MITIGATION PROFESSIONAL SHALL:
   (A) MAINTAIN CERTIFICATION TO MITIGATE RADON ISSUED BY A CREDENTIALING
 BODY APPROVED BY THE DEPARTMENT;
   (B) ENSURE THAT ALL RADON MITIGATION IS CONDUCTED IN  ACCORDANCE  WITH
 THE APPLICABLE RADON MITIGATION STANDARD;
   (C) MAINTAIN A QUALITY MANAGEMENT PLAN IN ACCORDANCE WITH THE APPLICA-
 BLE STANDARD FOR RADON MITIGATION QUALITY ASSURANCE;
   (D)  ENSURE  THAT  ALL  RADON  MITIGATION IS CONDUCTED BY OR UNDER THE
 DIRECT SUPERVISION OF A RADON MITIGATION PROFESSIONAL;
   (E) REPORT ALL RADON  MITIGATION  IN  THE  MANNER  PRESCRIBED  BY  THE
 DEPARTMENT OF HEALTH; AND
   (F)  ENSURE THAT ALL RADON MITIGATION SYSTEMS REPAIRED OR ALTERED BY A
 RADON MITIGATION PROFESSIONAL MEET THE APPLICABLE RADON MITIGATION STAN-
 DARD AND ARE TESTED BY A RADON MEASUREMENT  PROFESSIONAL  WITHIN  THIRTY
 DAYS OF SUCH REPAIR OR ALTERATION.
   § 949-D. LICENSURE OF RADON BUSINESS ENTITIES. 1. THE DEPARTMENT SHALL
 ISSUE A RADON BUSINESS ENTITY LICENSE TO ANY BUSINESS ENTITY THAT:
   (A)  COMPLETES  AN  APPLICATION  AND  PAYS  A FEE AS PRESCRIBED BY THE
 DEPARTMENT;
   (B) DESIGNATES A RESPONSIBLE PERSON CERTIFIED TO PERFORM  RADON  MEAS-
 UREMENT  OR  RADON  MITIGATION  BY  A CREDENTIALING BODY APPROVED BY THE
 DEPARTMENT; AND
   (C) FURNISHES EVIDENCE OF A GENERAL LIABILITY  INSURANCE  POLICY  THAT
 SATISFIES THE REQUIREMENTS OF THIS ARTICLE.
   2. THE DEPARTMENT SHALL RENEW THE RADON BUSINESS ENTITY LICENSE OF ANY
 BUSINESS ENTITY THAT:
   (A)  COMPLETES  A  RENEWAL APPLICATION AND PAYS A FEE AS PRESCRIBED BY
 THE DEPARTMENT;
   (B) DESIGNATES A RESPONSIBLE PERSON CERTIFIED TO PERFORM  RADON  MEAS-
 UREMENT  OR  RADON  MITIGATION  BY  A CREDENTIALING BODY APPROVED BY THE
 DEPARTMENT; AND
   (C) FURNISHES EVIDENCE OF A GENERAL LIABILITY  INSURANCE  POLICY  THAT
 SATISFIES THE REQUIREMENTS OF THIS ARTICLE.
   §  949-E.  LIABILITY INSURANCE POLICY REQUIREMENT. 1. EACH RADON MEAS-
 UREMENT PROFESSIONAL, RADON MEASUREMENT  BUSINESS  ENTITY,  RADON  MITI-
 GATION  PROFESSIONAL AND RADON MITIGATION BUSINESS ENTITY SHALL MAINTAIN
 AN INSURANCE POLICY IN EFFECT AT  ALL  TIMES  AND  CONCURRENT  WITH  THE
 LICENSURE AND CERTIFICATION PERIOD THAT:
 A. 10086                            5
 
   (A)  IS ISSUED BY AN INSURANCE COMPANY OR OTHER LEGAL ENTITY PERMITTED
 TO TRANSACT INSURANCE BUSINESS IN THE STATE;
   (B)  PROVIDES  FOR  GENERAL  LIABILITY  COVERAGE FOR RADON MEASUREMENT
 PROFESSIONALS, RADON MEASUREMENT  BUSINESS  ENTITIES,  RADON  MITIGATION
 PROFESSIONALS, RADON MITIGATION BUSINESS ENTITIES OR RADON LABORATORIES,
 AS APPLICABLE, IN AN AMOUNT SPECIFIED BY THE DEPARTMENT; AND
   (C)  LISTS  THE  DEPARTMENT  AS  A CERTIFICATE HOLDER OF ANY INSURANCE
 POLICY ISSUED PURSUANT TO THIS ARTICLE.
   2. A LIABILITY INSURANCE POLICY  OBTAINED  PURSUANT  TO  THIS  SECTION
 SHALL  NOT  BE CANCELLED, REVOKED, OR TERMINATED BY THE OWNER, NOR SHALL
 THE OWNER TAKE ACTION THAT WOULD RESULT IN THE CANCELLATION, REVOCATION,
 OR TERMINATION OF SUCH INSURANCE POLICY,  EXCEPT  AFTER  NOTICE  TO  THE
 DEPARTMENT  AT  LEAST  FORTY-FIVE  DAYS IN ADVANCE OF SUCH CANCELLATION,
 REVOCATION, OR TERMINATION WHICH IS SUBMITTED ON A  FORM  PRESCRIBED  BY
 THE DEPARTMENT.
   § 949-F. DUTIES OF LICENSEES; LAPSE; REPORT CHANGES. 1. A LICENSE THAT
 IS NOT RENEWED BY THE EXPIRATION DATE OF SUCH LICENSE SHALL BE DEEMED TO
 BE  LAPSED AND SHALL ONLY BE REINSTATED UPON THE COMPLETION OF A RENEWAL
 APPLICATION PROCESS AS PRESCRIBED BY THE DEPARTMENT.
   2. A LICENSEE SHALL REPORT ANY CHANGE OF INFORMATION PERTAINING TO  AN
 EXISTING  LICENSE  RELATING TO INFORMATION THAT WAS SUBMITTED DURING THE
 APPLICATION PROCESS FOR SUCH LICENSE. SUCH REPORT SHALL BE MADE  TO  THE
 DEPARTMENT  IN  WRITING AND WITHIN TEN DAYS OF SUCH CHANGE TAKING PLACE.
 THE DEPARTMENT SHALL NOT BE RESPONSIBLE FOR THE FAILURE OF A LICENSEE TO
 RECEIVE NOTICES, COMMUNICATIONS, OR OTHER  CORRESPONDENCE  CAUSED  BY  A
 FAILURE  OF  THE LICENSEE TO REPORT CHANGES AS REQUIRED BY THIS SUBDIVI-
 SION.
   § 949-G. POWER OF THE  DEPARTMENT  TO  EXAMINE  AND  INSPECT.  1.  THE
 DEPARTMENT  OR ITS AGENT OR INSPECTOR MAY EXAMINE RECORDS OF RADON MEAS-
 UREMENT PROFESSIONALS, RADON MEASUREMENT BUSINESS ENTITIES, RADON  MITI-
 GATION  PROFESSIONALS, AND RADON MITIGATION BUSINESS ENTITIES, INCLUDING
 BUT NOT LIMITED TO CONDUCTING INSPECTIONS OF RADON MEASUREMENT LOCATIONS
 AND RADON MITIGATION SYSTEM INSTALLATIONS IN ORDER TO ENSURE THAT  RADON
 MEASUREMENT  AND  RADON  MITIGATION ARE CONDUCTED IN ACCORDANCE WITH THE
 APPLICABLE STANDARD.
   2. THE DEPARTMENT OR ITS AGENT OR INSPECTOR MAY INSPECT ANY  EQUIPMENT
 USED  FOR  RADON MEASUREMENT OR RADON MITIGATION OR PHOTOGRAPH OR SKETCH
 ANY PORTION OF A SITE, BUILDING, OR EQUIPMENT INVOLVED IN RADON MEASURE-
 MENT OR RADON MITIGATION.
   3. THE DEPARTMENT SHALL OBTAIN  PERMISSION  FROM  THE  PROPERTY  OWNER
 BEFORE  AGENTS OR INSPECTORS OF THE DEPARTMENT ENTER PRIVATE PROPERTY TO
 PERFORM A RADON MEASUREMENT OR RADON MITIGATION INSPECTION.
   4. NO PERSON SHALL INTERFERE WITH A RADON MEASUREMENT OR  RADON  MITI-
 GATION INSPECTION CONDUCTED BY AN AGENT OR INSPECTOR OF THE DEPARTMENT.
   §  949-H.  CIVIL  PENALTIES  AND  REVOCATION. 1. THE COMMISSIONER MAY,
 AFTER PROVIDING NOTICE AND A HEARING, SUSPEND OR REVOKE ANY LICENSE,  OR
 CENSURE,  FINE,  OR  IMPOSE  PROBATIONARY  OR  OTHER RESTRICTIONS ON ANY
 LICENSEE FOR GOOD CAUSE SHOWN WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO
 THE FOLLOWING:
   (A) CONVICTION OF A FELONY RELATING TO  THE  PERFORMANCE  OF  A  RADON
 MEASUREMENT OR RADON MITIGATION;
   (B)  DECEIT  OR  MISREPRESENTATION  IN  OBTAINING A LICENSE AUTHORIZED
 PURSUANT TO THIS ARTICLE;
   (C) PROVIDING FALSE  TESTIMONY  OR  DOCUMENTS  TO  THE  DEPARTMENT  IN
 RELATION  TO  A LICENSE AUTHORIZED PURSUANT TO THIS ARTICLE OR ANY OTHER
 LICENSE ISSUED BY THE DEPARTMENT;
 A. 10086                            6
 
   (D) DECEIVING  OR  DEFRAUDING  THE  PUBLIC  IN  RELATION  TO  SERVICES
 PROVIDED FOR A FEE THAT REQUIRE A LICENSE PURSUANT TO THIS ARTICLE; OR
   (E)  INCOMPETENCE OR GROSS NEGLIGENCE IN RELATION TO RADON MEASUREMENT
 OR RADON MITIGATION.
   2. VIOLATORS OF ANY OF THE PROVISIONS OF THIS ARTICLE MAY BE FINED  BY
 THE COMMISSIONER IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS FOR THE
 INITIAL  VIOLATION  AND  UP  TO TEN THOUSAND DOLLARS FOR EACH SUBSEQUENT
 VIOLATION.
   § 949-I. LOCATION  AND  RETENTION  OF  REQUIRED  RECORDS.  1.  RECORDS
 REQUIRED  BY  THIS  ARTICLE  OR  ADMINISTRATIVE  REGULATIONS PROMULGATED
 PURSUANT TO THIS ARTICLE OR THE APPLICABLE STANDARD, INCLUDING  BUT  NOT
 LIMITED  TO  RECORDS  OF  RADON  MEASUREMENT,  RADON MITIGATION, QUALITY
 ASSURANCE PLANS, QUALITY MANAGEMENT PLANS,  CALIBRATION  CERTIFICATIONS,
 WORKER  HEALTH AND SAFETY PLANS, AND EQUIPMENT REPAIRS SHALL BE RETAINED
 BY LICENSEES, AS APPLICABLE, FOR A MINIMUM PERIOD OF FIVE YEARS  OR  THE
 LENGTH OF TIME OF ANY WARRANTY OR GUARANTEE, WHICHEVER IS GREATER.
   2.  RECORDS OBTAINED BY THE DEPARTMENT SHALL BE EXEMPT FROM DISCLOSURE
 REQUIREMENTS; PROVIDED, HOWEVER, THAT THE DEPARTMENT  SHALL  MAKE  RADON
 MEASUREMENT  AND  RADON MITIGATION SYSTEM RECORDS AVAILABLE UPON REQUEST
 TO:
   (A) THE OWNER OR OCCUPANT OF A BUILDING;
   (B) THE PUBLIC, PROVIDED THAT SUCH RECORDS ARE AGGREGATED AT  THE  ZIP
 CODE  LEVEL WITHOUT IDENTIFYING INDIVIDUAL PROPERTY OWNERS OR ADDRESSES;
 AND
   (C) A FEDERAL AGENCY THAT PROVIDES AGGREGATED DATA TO THE PUBLIC.
   3. ANY RADON MEASUREMENT OR RADON MITIGATION PROFESSIONAL OR  BUSINESS
 ENTITY  APPLYING FOR A LICENSE OR LICENSE RENEWAL PURSUANT TO THIS ARTI-
 CLE SHALL SPECIFY, FOR APPROVAL BY THE DEPARTMENT, THE PHYSICAL OR ELEC-
 TRONIC LOCATION WHERE RECORDS REQUIRED UNDER THIS ARTICLE SHALL BE MAIN-
 TAINED FOR INSPECTION BY THE DEPARTMENT.
   § 949-J. RESPONSIBILITIES AND AUTHORITY  OF  THE  DEPARTMENT.  1.  THE
 DEPARTMENT  SHALL  BE  THE REGULATORY AGENCY FOR THE REGULATION OF RADON
 TESTING AND RADON MITIGATING FIRMS AND LICENSED INDIVIDUALS.
   2. THE DEPARTMENT SHALL:
   (A) PROMULGATE RULES AND REGULATIONS TO  ADMINISTER,  COORDINATE,  AND
 ENFORCE THIS ARTICLE, INCLUDING THE ESTABLISHMENT OF FEES;
   (B)  MAINTAIN  A  PUBLIC  LIST  OF  ALL  PERSONS AND BUSINESS ENTITIES
 LICENSED BY THE DEPARTMENT;
   (C) ISSUE A LICENSE TO PERSONS AND BUSINESS  ENTITIES  THAT  MEET  THE
 QUALIFICATIONS OF THIS ARTICLE;
   (D) APPOINT PERSONNEL TO PERFORM DUTIES TO ADMINISTER THIS ARTICLE AND
 FIX THE COMPENSATION OF SUCH PERSONNEL;
   (E)  ISSUE SUBPOENAS, ADMINISTER OATHS, EXAMINE WITNESSES, INVESTIGATE
 ALLEGATIONS  OF  WRONGDOING,  AND  CONDUCT  ADMINISTRATIVE  HEARINGS  TO
 ENFORCE THIS ARTICLE; AND
   (F) COLLECT OR RECEIVE ALL FEES, FINES, AND OTHER MONEYS OWED PURSUANT
 TO THIS ARTICLE.
   § 2. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   §  99-RR. RADON MITIGATION AND CONTROL FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE, A FUND TO BE KNOWN AS THE  RADON  MITIGATION
 AND CONTROL FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONIES COLLECTED PURSUANT TO ARTICLE
 THIRTY-TWO-A  OF  THE LABOR LAW, AND ALL OTHER MONIES CREDITED OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
 A. 10086                            7
 
   3. MONIES OF THE FUND SHALL BE EXPENDED SOLELY  FOR  THE  PURPOSES  OF
 CARRYING  OUT  THE  PROVISIONS OF ARTICLE THIRTY-TWO-A OF THE LABOR LAW.
 MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT  OF  THE
 STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER OF LABOR. ANY
 INTEREST  RECEIVED  BY THE COMPTROLLER ON MONIES ON DEPOSIT IN THE RADON
 MITIGATION AND CONTROL FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH
 FUND.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.