AN ACT to authorize the Department of Nuclear Safety to establish and
coordinate a program for detecting and reducing the amount of radon and radon
progeny in dwellings and other buildings.
Section 1. Short Title. This Act shall be known and may be cited as the
"Radon Mitigation Act".
Section 2. Legislative Findings. The General Assembly finds that it is
in the interest of the People of Illinois to establish a comprehensive program
for determining the extent to which radon and radon progeny are present in
dwellings and other buildings in Illinois at such levels as to pose a potential
risk to the occupants and for determining what measures can be taken to reduce
and prevent such risk. The General Assembly also finds that public concerns over
the dangers from radon and radon progeny may give rise to unscrupulous practices
which exploit those concerns but do not mitigate the dangers from radon and radon
progeny and that it is in the public interest to regulate those persons who sell
devices and services for detecting radon and radon progeny.
Section 3. Definitions. For purposes of this Act:
(a) "Department" means the Illinois Department of Nuclear Safety.
(b) "Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal entity or
their legal representatives, agents or assigns.
(c) "Radon" means any of the gaseous radioactive decay products of uranium
or thorium.
(d) "Radon Progeny" means any of the radioactive decay products of radon.
Section 4. Primary Responsibility with Department of Nuclear Safety. The
Department shall have primary responsibility for coordination, oversight, and
implementation of all State functions in matters concerning the presence,
effects, and mitigation of risks of radon and radon progeny in dwellings and
other buildings in Illinois. The Illinois Department of Energy and Natural
Resources, the Illinois Environmental Protection Agency, the Illinois Department
of Public Health and other State agencies shall consult and cooperate with the
Department as requested and necessary to fulfill the purposes of this Act.
Section 5. General Powers. The Department is hereby authorized to
undertake projects to determine whether and to what extent radon and radon
progeny are present in dwellings and other buildings in Illinois, to determine
to what extent such presence constitutes a risk to the public health and to
determine what measures are effective in reducing and preventing such risk. In
addition to other powers granted under this Act, the Department is authorized to:
(a) Establish a program for measuring radon or radon progeny in dwellings
and other buildings.
(b) Conduct surveys and studies in cooperation with the Department of
Energy and Natural Resources and the Department of Public Health to determine the
distribution and concentration of radon or radon progeny in dwellings and other
buildings in Illinois and the associated health risk, and to evaluate measures
that may be used to mitigate present or potential risk.
(c) Enter into dwellings and other buildings with the consent of the owner
or occupant to engage in monitoring activities or conduct remedial action studies
or programs.
(d) Enter contracts for projects under this Act.
(e) Enter agreements with other departments, agencies and subdivisions of
the federal government, the State and units of local government.
(f) Establish training and educational programs.
(g) Apply for, accept and use grants or other financial assistance, and
accept and use gifts of money or property.
(h) Provide technical assistance to persons and to other State
departments, agencies and subdivisions and to units of local government and
school districts.
(i) Adopt rules and regulations necessary to carry out the provisions of
this Act.
(j) Take other actions consistent with the purposes of this Act.
Section 6. Report. Within 12 months of the effective date of this Act,
the Department shall prepare and present to the Governor and the General Assembly
a report describing its findings and recommendations regarding the existence and
nature of the risk from radon in dwellings and other buildings in Illinois,
proposed measures for mitigating that risk, and proposals for implementing those
measures.
Section 7. Disclosure of Information. To the extent that it contains
information pertaining to the medical condition of an identified individual, or
to the levels of radon or radon progeny in an identified dwelling, information
obtained by or on behalf of the Department pursuant to this Act is exempt from
the disclosure requirements of the Illinois Freedom of Information Act, except
that upon the request of the identified individual or owner or occupant of the
identified dwelling, the Department shall make such information available to the
individual, owner, or occupant.
Section 8. Liability. The Department, and other persons which have
entered contracts or agreements with the Department under this Act, and their
officers, agents and employees, shall not be liable for damages for any conduct
under this Act unless such conduct was malicious.
