LRB-3060/1
TJD:wlj:jf
2013 - 2014 LEGISLATURE
March 12, 2014 - Introduced by Representatives C. Taylor, Kaufert, Berceau,
Ohnstad, Pope and Ringhand, cosponsored by Senators L. Taylor, Lehman,
Miller, Risser and Schultz. Referred to Committee on Environment and
Forestry.
AB865,1,2
1An Act to create 254.345 of the statutes;
relating to: radon measurement and
2mitigation and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health Services (DHS) is required to
develop standards of performance for the regional radon centers and distribute funds
based on compliance with the standards to provide radon protection information
dissemination from the regional radon centers. Radon is a radioactive noble gas.
This bill requires that to place a device to measure the amount of radon in a building
(radon measurement) for a fee a person must complete instruction in a radon
measurement course that is approved by DHS and a radon measurement proficiency
examination that is also approved by DHS. DHS may suspend or revoke the approval
of a radon measurement course or a radon measurement proficiency examination if
the course or examination fails to satisfy DHS standards or operates under
conditions other than those in effect at the time of approval. The radon measurement
proficiency examination administrator must notify DHS for inclusion on a registry
those individuals who successfully complete the examination.
The bill also requires that to evaluate reports of radon amounts to determine
mitigation strategies, design mitigation systems, or install or supervise the
installation of mitigation systems (radon mitigation) for a fee a person must
successfully complete all of the following that are approved by DHS: a radon
measurement course, a radon mitigation course, a radon measurement proficiency
examination, and a radon mitigation proficiency examination. DHS, under the bill,
may suspend or revoke approval of a radon mitigation course or radon mitigation
proficiency examination under the same conditions as it may suspend or revoke a
radon measurement course or radon measurement proficiency examination. The
radon mitigation proficiency examination administrator must notify DHS for
inclusion on a registry those individuals who successfully complete the examination.
Under the bill, anyone who holds a valid credential to perform radon
measurement in another state and who submits proof of that credential to DHS may
perform radon measurement in this state, to the extent that credential allows,
without completing the course and examination approved by DHS. Similarly,
anyone who holds a valid credential to perform radon mitigation in another state and
who submits proof of that credential to DHS may perform radon mitigation in this
state, to the extent the credential allows, without completing the courses and
examinations approved by DHS.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB865,1
1Section
1. 254.345 of the statutes is created to read:
AB865,2,3
2254.345 Radon measurement and mitigation. (1) Definitions. In this
3section:
AB865,2,54
(a) "Radon" means the radioactive noble gas radon, including short-lived
5radionuclides formed as a result of the decay of radon.
AB865,2,76
(b) "Radon measurement" means placement of a device to measure the amount
7of radon in a building.
AB865,2,108
(c) "Radon mitigation" means evaluation of reports of radon amounts to
9determine mitigation strategies, design of mitigation systems, or installation or
10supervision of installation of mitigation systems.
AB865,2,14
11(2) Requirement for radon measurement. No person may perform a radon
12measurement for a fee without first successfully completing instruction in a radon
13measurement course that is approved under sub. (4) (a) and successfully completing
14a radon measurement proficiency examination that is approved under sub. (4) (b).
AB865,3,6
1(3) Requirement for radon mitigation. No person may perform a radon
2mitigation for a fee without first successfully completing instruction in a radon
3measurement course that is approved under sub. (4) (a) and a radon mitigation
4course that is approved under sub. (5) (a) and successfully completing a radon
5measurement proficiency examination that is approved under sub. (4) (b) and a
6radon mitigation proficiency examination that is approved under sub. (5) (b).
AB865,3,17
7(4) Radon measurement course; proficiency examination. (a) The department
8shall review and approve radon measurement courses that satisfy the standards
9determined by the department. The department may promulgate rules establishing
10the application process for and standards for approval of radon measurement
11courses. The department shall review the curriculum of each approved radon
12measurement course at least once every 24 months following the date of approval to
13determine whether the program continues to satisfy the standards for approval.
14Under this paragraph, the department may, after providing notice, suspend or
15revoke the approval of a radon measurement course if the course fails to satisfy the
16standards for approval determined by the department or operates under conditions
17that are other than those in effect at the time of approval of the course.
AB865,4,218
(b) The department shall review and approve radon measurement proficiency
19examinations that satisfy the standards determined by the department. The
20department may promulgate rules establishing the application process for and
21standards for approval of radon measurement proficiency examinations. Under this
22paragraph, the department may, after providing notice, suspend or revoke the
23approval of a radon measurement proficiency examination if the examination fails
24to satisfy the standards for approval determined by the department or operates
1under conditions that are other than those in effect at the time of approval of the
2examination.
AB865,4,63
(c) A radon measurement proficiency examination administrator approved
4under par. (b) shall notify the department to include an individual on the registry
5under sub. (6) after the individual has successfully completed the radon
6measurement proficiency examination.
AB865,4,17
7(5) Radon mitigation course; proficiency examination. (a) The department
8shall review and approve radon mitigation courses that satisfy the standards
9determined by the department. The department may promulgate rules establishing
10the application process for and standards for approval of radon mitigation courses.
11The department shall review the curriculum of each approved radon mitigation
12course at least once every 24 months following the date of approval to determine
13whether the program continues to satisfy the standards for approval. Under this
14paragraph, the department may, after providing notice, suspend or revoke the
15approval of a radon mitigation course if the course fails to satisfy the standards for
16approval determined by the department or operates under conditions that are other
17than those in effect at the time of approval of the course.
AB865,5,218
(b) The department shall review and approve radon mitigation proficiency
19examinations that satisfy the standards determined by the department. The
20department may promulgate rules establishing the application process for and
21standards for approval of radon mitigation proficiency examinations. Under this
22paragraph, the department may, after providing notice, suspend or revoke the
23approval of a radon mitigation proficiency examination if the examination fails to
24satisfy the standards for approval determined by the department or operates under
1conditions that are other than those in effect at the time of approval of the
2examination.
AB865,5,63
(c) A radon mitigation proficiency examination administrator approved under
4par. (b) shall notify the department to include an individual on the registry under
5sub. (6) after the individual has successfully completed the radon mitigation
6proficiency examination.
AB865,5,8
7(6) Registry. The department shall establish and maintain a registry that
8contains all of the following:
AB865,5,109
(a) A listing of all individuals about whom the department is notified under sub.
10(4) (c).
AB865,5,1211
(b) A listing of all individuals about whom the department is notified under sub.
12(5) (c).
AB865,5,1413
(c) A listing of all individuals who submit proof of valid credentials from
14another state under sub. (7).
AB865,5,18
15(7) Credential from another jurisdiction. (a) An individual who holds a valid
16credential to perform radon measurement in another state and who submits proof
17of that credential to the department may perform radon measurement to the extent
18that credential allows in this state without complying with sub. (2).
AB865,5,2219
(b) An individual who holds a valid credential to perform radon mitigation in
20another state and who submits proof of that credential to the department may
21perform radon mitigation to the extent that credential allows in this state without
22complying with sub. (3).
AB865,2
23Section
2.
Effective dates. This act takes effect on the day after publication,
24except as follows:
AB865,6,2
1(1) The treatment of section 254.345 (2) and (3) of the statutes takes effect on
2the first day of the 13th month beginning after publication.
