AN ACT Relating to state-wide radon monitoring and radon mitigation in public schools; amending RCW 70.98.050; adding a new section to chapter 19.27 RCW; and adding new sections to chapter 70.98 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 5, chapter 207, Laws of 1961 as last amended by section 132, chapter 175, Laws of 1989 and RCW 70.98.050 are each amended to read as follows:

(1) The department of ((~~social and health services~~)) health is designated as the state radiation control agency, hereinafter referred to as the agency, and shall be the state agency having sole responsibility for administration of the regulatory, licensing, and radiation control provisions of this chapter.

(2) The secretary of ((~~social and health services~~)) the department of health shall be director of the agency, hereinafter referred to as the secretary, who shall perform the functions vested in the agency pursuant to the provisions of this chapter.

(3) The agency shall appoint a state radiological control officer, and in accordance with the laws of the state, fix his compensation and prescribe his powers and duties.

(4) The agency shall for the protection of the occupational and public health and safety:

(a) Develop programs for evaluation of hazards associated with use of ionizing radiation;

(b) Develop a state-wide radiological baseline beginning with the establishment of a baseline for the Hanford reservation;

(c) Implement an independent state-wide program to monitor ionizing radiation emissions from radiation sources within the state;

(d) Develop programs with due regard for compatibility with federal programs for regulation of byproduct, source, and special nuclear materials;

(e) Conduct environmental radiation monitoring programs which will determine the presence and significance of radiation in the environment and which will verify the adequacy and accuracy of environmental radiation monitoring programs conducted by the federal government at its installations in Washington and by radioactive materials licensees at their installations;

(f) Formulate, adopt, promulgate, and repeal codes, rules and regulations relating to control of sources of ionizing radiation;

(g) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, and with groups concerned with control of sources of ionizing radiation;

(h) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;

(i) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation, including the collection of statistical data and epidemiological research, where available, on diseases that result from exposure to sources of ionizing radiation;

(j) Collect and disseminate information relating to control of sources of ionizing radiation; including:

(i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;

(ii) Maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto; and

(iii) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon;

(k) In connection with any adjudicative proceeding as defined by RCW 34.05.010 or any other administrative proceedings as provided for in this chapter, have the power to issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records or documents.

(5) In order to avoid duplication of efforts, the agency may acquire the data requested under this section from public and private entities that possess this information.

NEW SECTION. Sec. 2. A new section is added to chapter 70.98 RCW to read as follows:

(1) The department is authorized to institute a radon program to educate and inform the public concerning radon gas and radon progeny. The education program shall include the origin and health effects of radon, how to measure radon, construction and mitigation techniques to reduce exposure to radon.

(2) The department is authorized to study existing data, supplemented by selected testing as needed, to determine the presence or absence of radon in schools, in state buildings, and in individual structures in the state.

(3) The state and any official of the state, in promoting or participating in studies to determine radon levels in the environment, shall be immune from liability arising out of the failure of a state official or any radon testing contractor to accurately measure and supply information collected.

NEW SECTION. Sec. 3. A new section is added to chapter 70.98 RCW to read as follows:

(1) The department is authorized to certify persons who perform radon gas or radon progeny measurements, including sample collection, analysis, or interpretation of such measurements, and who perform mitigation of buildings for radon gas or radon progeny, and shall collect a fee for such certification.

(2) (a) After January 1, 1991, no person shall participate in performing radon gas or radon progeny measurements, including sample collection, analysis, or interpretation of such measurements, or perform mitigation of buildings for radon gas or radon progeny, and charge a fee or obtain other remuneration as benefit for such services or devices, unless that person is certified by the department.

(b) Subsection (a) of this section shall not apply to:

(i) A person performing testing or mitigation on a building owned by such person;

(ii) A builder utilizing preventative or safeguarding measures in any construction.

(3) The results of measurements of radon gas or radon progeny performed by persons certified under the provisions of this subsection shall be reported to the department and persons contracting for the service. The report shall include the radon levels detected and the location, age, and description of the building. Except for use in studies conducted or authorized by the department, the results of measurements of radon gas or radon progeny shall be confidential and exempt from the provisions of chapter 42.17 RCW.

(4) Authorized representatives of the department have the authority to inspect the business and records of any person certified under the provisions of this subsection, at all reasonable times, to examine records and test procedures to determine compliance with or violation of the provisions of this section.

(5) The department is authorized to charge and collect nonrefundable fees for the certification and annual recertification of persons who perform radon gas or radon progeny measurements or who perform mitigation of buildings for radon gas or radon progeny. The amount of the initial application fee and certification shall be not less than two hundred dollars or more than nine hundred dollars. The amount of the annual recertification fee shall be not less than two hundred dollars or more than nine hundred dollars. Effective July 1, 1990, the fee amounts shall be the minimum fee prescribed in this subsection, and such fee amounts shall remain in effect until the effective date of a fee schedule adopted by rule of the department. The fees collected shall be deposited in the radon trust fund hereby created and shall be used only to implement the provisions of sections 2, 3, 4, and 5 of this act.

(6) The department may deny, suspend, or revoke a certification, or impose an administrative fine not to exceed one thousand dollars per violation per day, for the violation of any provision of this section or rule adopted pursuant to this section.

NEW SECTION. Sec. 4. A new section is added to chapter 70.98 RCW to read as follows:

(1) Subject to available funding, the department shall develop a program to test public schools, kindergarten through grade twelve for indoor radon. The department shall identify areas known or suspected of having a high occurrence of radon and shall develop a testing schedule based on the relative risk of radon exposure.

(2) Each school being tested shall develop mitigation plans and implement those plans according to rules adopted by the department.

NEW SECTION. Sec. 5. A new section is added to chapter 19.27 RCW to read as follows:

The state building code council is directed to establish, by rule, radon construction codes for buildings. In the establishment of such rules, the council shall consider:

(1) Existing federal and regional codes or guidelines;

(2) The effect of radon in water on indoor radon levels;

(3) The availability of measures to mitigate the effect of radon on indoor air quality.