Radon Act license fees, regulations could be reduced over concerns

Radon, an odorless, invisible type of radioactive gas that naturally seeps up from the ground, can become a serious health hazard if it is allowed to concentrate indoors – such as in the basement of a house. It causes an estimated 700 lung cancer deaths each year in Minnesota and it is the number one cause of lung cancer among non-smokers, according to EPA estimates.

The Legislature passed laws in recent years to address this public health concern, including a requirement for  home sellers to disclose any radon testing to potential buyers.

However, the Minnesota Radon Licensing Act passed in 2015 could result in less radon testing being performed and radon mitigation companies are struggling due to the law’s sizable licensing fees, said Rep. Tim Sanders (R-Blaine).

Rep. Tim Sanders

He sponsors HF2687 that originally sought to repeal the act. However, he successfully amended it Tuesday in the House Health and Human Services Finance Committee to, instead, carve out several exemptions from the law and reduce the license fees it imposes. The bill was laid over. SF3464, the companion bill that Sen. Tony Lourey (DFL-Kerrick) sponsors, awaits action in the Senate Health, Human Services and Housing Committee.

Sanders feels the 2015 legislation was incomplete because it was included in the Senate’s omnibus health and human services budget bill and became law without any House committee hearings.

“It was lacking insight from individuals in the industry,” Sanders said.

The act authorizes the Department of Health to require licensure for organizations and individuals who provide radon mitigation systems or radon testing. It will also require a tag from the department for each mitigation system installed after Oct. 1, 2017.

Sanders’ bill would extend the tag requirement to systems installed after Jan. 1, 2018, and reduce license fees for radon mitigation companies from $500 annually to $100 with the fee waived if the company only employs one mitigation professional.

The $500 annual licensure fee for a radon mitigation professional would be reduced to $250 and radon measurement professional’s license fees would be reduced from $300 annually to $150.

The $75 tag fee would not change.

The bill would carve out numerous exemptions to the law in hopes of narrowing the bill to only radon mitigation professionals. Sanders said the law’s language is wide enough that small fire departments providing free testing or even a mitigation company’s secretary are now required to obtain a license.

The bill would classify data collected by the Department of Health on individuals receiving a radon testing or mitigation device as private data.