HB 77 — AN ACT relating to radon safety.

UNOFFICIALCHAPTER COPY73 221 RSCHAPTER 73 ( HB 77/EN77 ) AN ACT relating to radon safety.

(10)[(12)] "General supervision" means intermittent onsite supervision by a certified Page 1 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN person who accepts responsibility for ensuring compliance by his or her employees or subcontractors with all applicable requirements under Sections 1 to 13 of this Act[KRS 211.9101 to 211.9135];

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (17)[(19)] "Mitigation contractor" means a person certified by a proficiency program who provides radon mitigation for compensation and who meets the requirements of Section 6 of this Act[KRS 211.9111];

Page 2 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN (20)[(22)] "Proficiency program" means either the National Radon Proficiency Program or the National Radon Safety Board;

(22)[(24)] "Radon decay products" means the four (4) short-lived radioactive elements polonium (Po-218), lead (Pb-214), bismuth (Bi-214), and polonium (Po-214) which exist as solids and immediately follow radon (Rn-222)(Rn- 222) in the decay chain;

(1) The Kentucky Board of Radon Safety[Radon Program Advisory Committee] is Page 3 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN hereby created and shall be attached to the Department of Professional Licensing in the Public Protection Cabinet[Cabinet for Health and Family Services] for administrative purposes.

CHAPTER 73 3 (2) (a) To be eligible for initial appointment as a member of the board[committee] Page 4 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN under subsection (1)(a) of this section, a person shall have been actively engaged in the practice of radon measurement, mitigation, or laboratory analysis for not less than three (3) years immediately preceding the date of appointment to the board[committee].

The board[committee] shall meet at least once each calendar year or at other times deemed necessary by the chairperson or a quorum of the board upon Page 5 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN being given a minimum of ten (10) days' notice at[quarter in] a location designated by the chairperson or a quorum of the board.[ The committee may meet upon special call by the chairperson or a majority of the committee.] (7) The board[committee] shall elect a chairperson and a vice chairperson.

(5) Maintain a public list of all certified persons or business entities registered by the Page 6 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN board;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) Enter into agreements with any federal or state agency, political subdivision, postsecondary education institution, nonprofit organization, or other person or entity to assist with and administer grants received by the board, including but not limited to the Environmental Protection Agency State Indoor Radon Grant (SIRG) program;

No person or business entity shall conduct radon measurement, mitigation, or laboratory Page 7 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN analysis in this Commonwealth after January 1, 2013, without the appropriate certification pursuant to Sections 1 to 13 of this Act[KRS 211.9101 to 211.9135].

No person or business entity shall advertise or claim to be a "certified measurement contractor," "certified mitigation contractor," or "certified radon laboratory," unless certified pursuant to Sections 1 to 13 of this Act[KRS 211.9101 to 211.9135].

or (9) A building contractor installing vent pipes during the construction of a commercial Page 8 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN building or home.

and CHAPTER 73 5 (c) Furnishes evidence of a general liability insurance policy that satisfies the requirements of Section 7 of this Act[KRS 211.9113].

Page 9 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN (e)[(d)] Use or sell only measurement devices approved by the proficiency program that certifies the person;

(c)[(b)] Maintain a quality control program plan in accordance with the applicable standard operating procedures for mitigation quality assurance and Page 10 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN control;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 7.

(1) The board[cabinet] shall issue a radon laboratory registration certificate to any Page 11 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN business entity certified for radon laboratory analysis that:

Page 12 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN Section 10.

CHAPTER 73 7 (b) Has had disciplinary action taken against a professional license, certification, registration, or permit held by the person or business entity seeking registration;

Page 13 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN (2) If an application for registration or renewal of registration is denied, the person or business entity seeking registration shall not conduct radon measurement, mitigation, or laboratory analysis within the Commonwealth of Kentucky.

(4) For purposes of enforcing Sections 1 to 13 of this Act[KRS 211.9101 to 211.9135] Page 14 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN or any administrative regulation promulgated by the board[cabinet] pertaining to radon measurement, mitigation, or laboratory analysis, an agent or inspector of the board[cabinet] shall have the power to enter upon premises at all reasonable times to make an inspection, question all persons, and require the production of radon mitigation system plans, sketches, diagnostic information, and other evidence.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) Any certified person or business entity shall report to the board[cabinet] the discovery of any apparent noncompliance with any provision of Sections 1 to 13 of this Act[KRS 211.9101 to 211.9135] or any administrative regulation promulgated by the board[thereunder by the cabinet] pertaining to radon measurement, mitigation, or laboratory analysis.

Records obtained by the board[cabinet] are exempt from the disclosure requirements of KRS 61.870 to 61.884, except that the board[cabinet] Page 15 of 16 HB007720.100 - 243 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 77/EN shall make the records available upon request:

PageSigned 16by ofGovernor 16March HB007720.10031, -2022. 243 - XXXX Engrossed