PACNY MEETING February 27, 2019 Presented by George Schambach President New York State AARST Contact Information George@nysaarst.com Or George@professionalhome.com 607-821-8326

Items for discussion Current pending NYS Legislation Bill #A08605 and S06851 Change in Standards from the EPA to ANSI/AARST The current certification entities NRPP and NRSB Overview of the current standards for mitigation and testing Residential Large buildings and schools Multi family buildings New construction

RADON TASK FORCE BILL #Chapter 414 of 2018 This task force has been created to look at the effects of licensing NYS radon testers and mitigators. Examine the need for interagency coordination of public education and outreach and prevention programs; Examine the need for training, education and possible licensing of radon services providers; Review of any other related information that the commissioner of health may deem necessary or relevant in carrying out such study of radon in indoor settings

Task Force Deadline The task force is expected to report its findings and recommendations, including any proposed legislation necessary to implement such findings to the legislature and Governor no later than April 1, 2019

SCOPE OF THE TASK FORCE 1. Examine the need for interagency coordination of public education and outreach and prevention programs; 2. Examine the need for training, education and possible licensing of radon services providers 3. Review of any other related information that the commissioner of health may deem necessary or relevant in carrying out such study of radon in indoor settings.

TASK FORCE WILL BE COMPRISIED OF The task force shall consist of seven members as follows: a. the secretary of state or the secretary's designee; b. the commissioner of health or such commissioner's designee; c. the commissioner of labor or such commissioner's designee; d. two members to be appointed by the governor, one of whom shall be an individual who possesses expertise in the field of radon testing and mitigation and the other being an individual who represents the field of real estate; e. one member to be appointed by the temporary president of the senate f. one member to be appointed by the speaker of the assembly

THE TASK FORCE We are currently waiting for the task force to be formed.

CHANGES IN STANDARDS USED Old standards EPA Mitigation Standards E2121-01 Old standards EPA Testing Radon and Radon decay products EPA 402- R-93-078 New standards for testing and mitigation are broken down by construction type.

Existing Homes SGM-SF-2017 ANSI-AARST SGM-SF 2017 Soil Gas Mitigation Standards for Existing Homes ANSI-AARST MAH-2014 Protocol For Radon Measurements In Existing Homes

Multifamily Buildings ANSI-AARST MAMF 2017 Radon Measurement Standards in Multifamily Buildings ANSI-AARST RMS-MF 2018 Radon Mitigation Standards for Multifamily Buildings

Schools and Large Buildings ANSI-AARST RMS-LB 2018 Radon Mitigation Standards for Schools and Large Buildings ANSI-AARST MALB-2014 Radon Measurement Standards in Schools and Large Buildings

New Construction ANSI-AARST CC-1000-2018 Soil Gas Control Systems In New Construction Buildings ANSI-AARST RRNC 2.0 Reducing Radon in New Construction

Current pending bill A08605 &S08651 The highlights of the Bill AN ACT to amend the real property law, in relation to radon service professional licensing

Radon Testers and Radon Mitigators 5. "Radon measurement professional" means a radon service professional who deploys and retrieves radon detectors and provides a report of the associated measurement results that are generated by a radon analytical laboratory. 6. "Radon mitigation professional" means a radon service professional who interprets radon test results and determines the most effective way to manage radon concentrations within buildings. Management plans may include requirements for further diagnostic testing and/or the design and installation of radon mitigation systems.

Use of the National Proficiency established by the Industry Publicly adopt and reference radon professional standards published by the American National Standards Institute, or other accredited consensus national standards developers, and certification criteria or policies and exams established by either the National Radon Proficiency Program or the National Radon Safety Board or any radon certification agency recognized by the United States Environmental Protection Agency.

Requirements Qualifications for licensure. 1. An applicant for a license as a radon service professional shall: (a) have successfully completed high school or its equivalent; (b) have successfully completed a course of study approved by the secretary, of not less than sixteen hours for radon measurement professionals and forty hours for radon mitigation professionals. Such hours for radon mitigation professionals shall be composed of sixteen hours of measurement testing and twenty-four hours of mitigation training; have passed an approved national radon certification program, residential radon measurement provider exam or residential radon mitigation provider exam. An applicant who has passed an existing nationally recognized examination, as approved by the secretary, prior to the effective date of this article shall be in compliance with this paragraph; and pay the applicable fees.

Requirements No renewal of a license shall be issued unless the applicant has successfully completed a course of continuing education approved by the secretary The secretary shall collect a fee of seven hundred fifty dollars for the first application for a license and the license as a radon service professional. The secretary shall collect a fee of one thousand dollars to renew a radon service professional license

Violators Violations and penalties for unlicensed activities. Any person subject to an administrative order issued by the secretary directing the cessation of any activity for which a license is required and/or suspending or revoking a license previously issued who directly or indirectly engages in the business of radon professional services, holds himself, herself, or itself out to the public as being able to engage in the business of radon professional services without a license therefore, engages in the business of radon testing and mitigations after having his or her license revoked or suspended, or without a

license to engage in the business of radon professional services directly or indirectly. Or employs, permits or authorizes an unlicensed person to engage in the business of radon professional services shall be guilty of a misdemeanor and upon the first conviction thereof shall be sentenced to a fine of not more than one thousand dollars; upon a second or subsequent conviction there of shall be sentenced to a fine of not less than one thousand dollars nor more than five thousand dollars. Each violation of this article shall be deemed a separate offense.

Conclusion This bill is intended to protect the public at large due to the current improper testing and improper mitigation installation. The requirement to have NYS become a regulated State is important, because studies show that 60% of the radon systems that have been installed are improperly installed and are not functioning correctly to lower the levels of radon to a safe level. (Remember, there is no safe level of Radon). In some instances, it raises the levels. More often than not, post testing was never done, giving the home owners a false sense of security. This creates not only financial malfeasance, as consumers are paying for a service not rendered, but an ethical and moral quagmire as well…..something to which no professional should aspire.

The NYSAARST would like to have your help with the legislation. Your help is needed The NYSAARST would like to have your help with the legislation. 1. Talk to your Assembly Representative and your Senator. 2. Every chance you get to speak to a group talk about radon. 3. Invite me to speak at your group. 4. If you have questions, please feel free to contact myself, Jane Malone or Dallas Jones at AARST National.

Please Join the NYSAARST TO JOIN NYSAARST GO TO WWW.NYSAARST.COM Click on join us The cost $100.00 for a company and $60.00 per individual

Contact Information George Schambach George@nysaarst.com Or George@professionalhome.com 607-821-8326 cell 607-773-1519 office