UNOFFICIAL COPY 25 RS BR 178
Page 1 of 5
XXXX 2/17/2025 7:06 PM Jacketed
AN ACT relating to radon safety. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 309.432 is amended to read as follows: 3
(1) The Kentucky Board of Radon Safety is hereby created and shall be attached to the 4
Department of Professional Licensing in the Public Protection Cabinet for 5
administrative purposes. Each member of the board shall be a citizen and resident 6
of the Commonwealth of Kentucky. The board shall consist of nine (9)[seven (7)] 7
members as follows: 8
(a) Four (4) members shall be either a radon measurement contractor, a radon 9
mitigation contractor, or a person associated with a radon laboratory 10
conducting laboratory analysis and shall be appointed by the Governor from a 11
list of six (6) names submitted to the Governor by the Kentucky Association 12
of Radon Professionals; 13
(b) One (1) nonvoting member shall be a representative of the home building 14
industry and shall be appointed by the Governor from a list of three (3) names 15
submitted to the Governor by the Home Builders Association of Kentucky; 16
(c) One (1) nonvoting member shall be a real estate salesperson or broker 17
licensed under KRS Chapter 324 and shall be appointed by the Governor from 18
a list of three (3) names submitted to the Governor by the Kentucky 19
Association of Realtors;[ and] 20
(d) Two (2) members[One (1) member] shall represent[be a representative of] a 21
public health organization and shall be appointed by the Governor from a list 22
of four (4)[three (3)] names submitted to the Governor by the Kentucky 23
Cancer Consortium; and 24
(e) One (1) member shall be a citizen at large appointed by the Governor who 25
shall represent the public and shall not be associated with or financially 26
interested in the practice of radon measurement, mitigation, or laboratory 27 UNOFFICIAL COPY 25 RS BR 178
Page 2 of 5
XXXX 2/17/2025 7:06 PM Jacketed
analysis. 1
(2) (a) To be eligible for initial appointment as a member of the board under 2
subsection (1)(a) or (1)(d) of this section, a person shall have been actively 3
engaged in the practice of radon measurement, mitigation, [or ]laboratory 4
analysis, or public or environmental health for not less than three (3) years 5
immediately preceding the date of appointment to the board. 6
(b) Upon expiration of the initial appointments, to be eligible for appointment as 7
a member of the board under subsection (1)(a) or (1)(d) of this section, a 8
person shall have been actively engaged in the practice of radon measurement, 9
mitigation, [or ]laboratory analysis, or public or environmental health for not 10
less than three (3) years immediately preceding the date of the appointment to 11
the board and hold a valid certification as a radon measurement contractor or 12
radon mitigation contractor, or be associated with a radon laboratory with a 13
valid certification. 14
(3) (a) The Governor shall initially appoint two (2) members for a term of four (4) 15
years, two (2) members for a term of three (3) years, and one (1) member for a 16
term of two (2) years. All appointments shall expire on June 30 of the last 17
year of the terms. Thereafter, members shall be appointed for terms of four (4) 18
years. Members shall serve until their successors are appointed. 19
(b) The Governor shall initially appoint the two (2) members established in 20
subsection (1)(d) and (1)(e) of this section for a term of two (2) years. All 21
appointments shall expire on June 30 of the last year of the terms. 22
Thereafter, members shall be appointed for terms of four (4) years. 23
Members shall serve until their successors are appointed. 24
(4) Upon recommendation of the board, the Governor may remove any member of the 25
board appointed by the Governor for poor attendance, neglect of duty, misfeasance, 26
or malfeasance in office. 27 UNOFFICIAL COPY 25 RS BR 178
Page 3 of 5
XXXX 2/17/2025 7:06 PM Jacketed
(5) Vacancies in the membership of the board for any cause shall be filled by 1
appointment by the Governor for the balance of the unexpired term. 2
(6) A majority of the voting board members shall constitute a quorum to do business. 3
The board shall meet at least once each calendar year or at other times deemed 4
necessary by the chairperson or a quorum of the board upon being given a 5
minimum of ten (10) days' notice at a location designated by the chairperson or a 6
quorum of the board. 7
(7) The board shall elect a chairperson and a vice chairperson. The chairperson shall 8
preside at all meetings at which the chairperson is present. The vice chairperson 9
shall preside at all meetings in the absence of the chairperson. 10
(8) If the chairperson and vice chairperson are absent from a meeting of the board when 11
a quorum exists, the members who are present may elect a presiding officer who 12
shall serve as acting chairperson until the conclusion of the meeting or until the 13
arrival of the chairperson or vice chairperson. 14
(9) Members of the board shall be immune from suit for any discretionary act 15
performed by them in good faith. 16
(10) Each member of the board shall be reimbursed for costs for actual travel and for 17
incidental, clerical, and all other actual and necessary expenses incurred in the 18
discharge of official duties associated with the board, as prescribed by the board 19
through the promulgation of an administrative regulation. 20
Section 2. KRS 309.434 is amended to read as follows: 21
The board shall: 22
(1) Promote the [control]safety of radon measurement, mitigation, and laboratory 23
analysis professionals in the Commonwealth of Kentucky; 24
(2) Develop and conduct programs for evaluation and control of activities related to 25
radon, including laboratory analyses, measurement, and mitigation; 26
(3) Promulgate administrative regulations in accordance with KRS Chapter 13A to 27 UNOFFICIAL COPY 25 RS BR 178
Page 4 of 5
XXXX 2/17/2025 7:06 PM Jacketed
administer, coordinate, and enforce KRS 309.430 to 309.454; 1
(4) Issue a registration certificate to certified persons or business entities registered by 2
the board; 3
(5) Maintain a public list of all certified persons or business entities registered by the 4
board; 5
(6) Design and administer, or work with the Cabinet for Health and Family Services 6
to participate in the design and administration of, educational and research 7
programs to ensure the citizens of the Commonwealth are informed about the health 8
risks associated with radon; 9
(7) [Enter into agreements with any federal or state agency, political subdivision, 10
postsecondary education institution, nonprofit organization, or other person or 11
entity to assist with and administer grants received by the board, including but not 12
limited to the Environmental Protection Agency State Indoor Radon Grant (SIRG) 13
program; 14
(8) ]Prepare an annual budget for the use of moneys received by the board from the 15
collection of fees and fines, receipt of grants, and all other radon-related activities; 16
(8)[(9)] Establish and maintain office space and personnel, as necessary, to 17
administer, coordinate, and enforce KRS 304.430 to 309.454; 18
(9)[(10)] Collect or receive all fees, fines, and other moneys owed pursuant to KRS 19
309.430 to 309.454, and deposit all those moneys into the radon control fund 20
established by KRS 309.454; 21
(10)[(11)] Issue subpoenas only through the board's attorney and only under the 22
authority of the board's general counsel; 23
(11)[(12)] Administer oaths, examine witnesses, investigate allegations of wrongdoing, 24
and conduct administrative hearings in accordance with KRS Chapter 13B to 25
enforce KRS 309.430 to 309.454; and 26
(12)[(13)] Record minutes of board meetings and proceedings which shall be 27 UNOFFICIAL COPY 25 RS BR 178
Page 5 of 5
XXXX 2/17/2025 7:06 PM Jacketed
documented and made available for public inspection. 1