The new law
If you do radon testing, mitigation or advising, the Minnesota Radon Licensing Act will change your life. I implore you to study the changes in the attached breakdown of the law. There is so much to dislike that I won’t try to expand on the individual problems. Just read it, then, come back and finish reading this email.

Ask yourself: What does this law do for me, consumers and the industry that AARST / NRPP doesn’t already do in a world class fashion? Is it worth the tremendous costs and bureaucracy?

Some like it because it gives MDH the ability to police the radon industry. But AARST / NRPP already has that, and MDH could partner with them. And any of us can report bad contractors to AARST / NRPP. Today. We don’t need MDH to ‘protect’ us!

Some like it because the fees provide stable funding so MDH can continue promoting the industry. I think MDH should get its radon outreach money from the legislature. Realtors and home builders didn’t create and fund a state bureaucracy to promote their interests- they created trade associations that they control. We can do the same.

I think the law will stifle competition, increase costs to the consumer and slow the growth of the industry. This is contrary to the mission of MDH- to reduce radon induced lung cancer. I see a law whose purpose is to fund the MDH radon office by “taxing” service providers. It will put an ever-growing monster on our backs that will never go away- because we are funding it!

Where are we now?
The rule making process is under way and we will soon be under MDH licensing. But- some legislators, attorneys and lobbyists feel the law is flawed and can be repealed and are taking steps to do it.

What are the options?
1. Do nothing and accept the law.

2. Repeal and replace with nothing. I’m told this is highly unlikely.

3. Repeal and replace with a law putting the radon industry under DOLI, like builders and remodelers. Mitigators would need a contractor’s license, and would pull permits in cities that required them. Components of their work that are in the building code (fire barriers, structural changes, roofing etc.) would be inspected by city inspectors. Components not in the building code (fan location, exhaust location, vacuum monitor, etc.) would not be inspected. Home inspectors and labs would see no change from today.

4. Repeal and replace with something like this: “Any firm conducting radon testing, mitigation or lab services for a fee must have a responsible person with the appropriate certification from AARST / NRPP or NRSB. Failure to comply is a misdemeanor.” This is how it’s done in CA, NH, VA & DC. (* see foot note below)

5. Some combination of the above.

What can you do?
In the repeal process, legislators will ask “What does the industry want?” If you stay silent, you will be telling them “I like the new law- keep it”. STAND UP AND BE HEARD! Complete this 2 minute survey and your voice will be heard. MN Radon Licensing Act Survey

Get more involved?
Would you be interested in starting a trade association or a Minnesota AARST chapter? Would you be willing to testify before a legislative committee? Do you see other ways you could help in this fight? Please contact me.

Want more information?
Standard Water Control’s website http://mnradonlicensingact.standardwater.com/ has a wealth of information on the law and a tool to calculate your firm’s cost for fees, training, lost wages for CE, etc. Mike Hogenson, president of Standard Water Control, is on the committee that is drafting the licensing rules. You can reach him at (763) 537-4849 or Mike@standardwater.com

Sincerely,

Randy Weestrand, Radon Removal Inc., 952-476-6226, RWeestrand@aol.com

* Footnote:
CA: No person may provide radon services for the general public, or represent or advertise that he or she may provide radon services unless that person meets both of the following requirements: (1) Successfully completes the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program. (2) Submits to the department a copy of certificate demonstrating successful completion of either program.

NH: Any person engaged in the design or installation of airborne radon mitigation devices in New Hampshire shall hold a current certification from either the National Radon Proficiency Program offered by the American Association of Radon Scientists and Technologists, Inc., or the National Radon Safety Board.

VA: No person shall conduct or offer to conduct any radon screening, testing or mitigation in the commonwealth unless he has been listed as proficient by the U.S. Environmental Protection Agency, the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program or any other proficiency program acceptable to the Board of Health to offer such screening, testing or mitigation.

DC: No person or company shall conduct or offer to conduct radon screening, testing, or mitigation in the District for a fee unless the person who performs the service has been listed as proficient by the Environmental Protection Agency to offer radon screening, testing, or mitigation services or has received a certificate of proficiency from an organization approved by the Mayor to offer radon screening, testing, or mitigation services.