Title 902 | Chapter 095 | Regulation 041REG
PROPOSED
This document is not yet current.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Division of Public Health Protection and Safety
(New Administrative Regulation)
902 KAR 95:041.Repeal of 902 KAR 95:040.
Section 1.
902 KAR 95:040, Radon contractor registration program, is hereby repealed.STEVEN J. STACK, MD, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 23, 2024
FILED WITH LRC: October 9, 2024 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 23, 2024, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by December 16, 2024, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until December 31, 2024. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; Phone: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Julie Brooks and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation repeals 902 KAR 95:040, Radon contractor registration program.
(b) The necessity of this administrative regulation:
2022 Ky. Acts ch. 73 repealed and reenacted KRS 211.9101 to 211.9135 and moved the administrative oversight of the radon contractor registration program from the Cabinet for Health and Family Services to the Public Protection Cabinet.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 13A.310 authorizes an administrative body to repeal an administrative regulation when it desires that it no longer be effective.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will repeal the current radon contractor registration program as that program is no longer under the Cabinet for Health and Family Services.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will impact 152 certified radon professionals.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Individuals seeking state registration will need to be aware of the program change from the Cabinet for Health and Family Services to the Public Protection Cabinet.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This administrative regulation will not result in a cost to the regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Regulated entities will be registered with the newly formed Kentucky Board of Radon Safety.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to the cabinet to implement this administrative regulation.
(b) On a continuing basis:
There will be no cost to the cabinet to implement this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This administrative regulation does not require funding.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Not applicable.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees associated with this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied. This is a repealer administrative regulation and it will impact all parties equally.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 13A.310, 194A.050, and KRS 309.432.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Department for Public Health, Division of Public Health Protection and Safety is the promulgating agency. The Kentucky Board of Radon Safety in the Public Protection Cabinet will also be affected by this administrative regulation.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation will not impact expenditures for the Kentucky Department for Public Health.
Revenues:
This administrative regulation will not generate revenue for the Kentucky Department for Public Health.
Cost Savings:
This administrative regulation will not result in cost savings for the Kentucky Department for Public Health.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no affected local entities.
(a) Estimate the following for the first year:
Expenditures:
Not applicable.
Revenues:
Not applicable.
Cost Savings:
Not applicable.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(4) Identify additional regulated entities not listed in questions (2) or (3):
The additional regulated entities are the 152 certified radon professionals.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation will not impact the expenditures of the certified radon professionals.
Revenues:
This administrative regulation will not impact the revenues of the certified radon professionals.
Cost Savings:
This administrative regulation will not result in cost savings for the certified radon professionals.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation will have no fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
House Bill 77 from the 2022 regular legislative session repealed KRS 211.9101 to 211.9135 and reenacted them in KRS Chapter 309. This moved the radon professional’s certification program from the Kentucky Department for Public Health to the Public Protection Cabinet. This administrative regulation repeals the existing radon professional’s certification administrative regulation as the department no longer has statutory authority for this administrative regulation.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse economic impact.
(b) The methodology and resources used to reach this conclusion:
Not applicable.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Division of Public Health Protection and Safety
(New Administrative Regulation)
902 KAR 95:041.Repeal of 902 KAR 95:040.
Section 1.
902 KAR 95:040, Radon contractor registration program, is hereby repealed.STEVEN J. STACK, MD, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 23, 2024
FILED WITH LRC: October 9, 2024 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 23, 2024, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by December 16, 2024, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until December 31, 2024. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; Phone: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Julie Brooks and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation repeals 902 KAR 95:040, Radon contractor registration program.
(b) The necessity of this administrative regulation:
2022 Ky. Acts ch. 73 repealed and reenacted KRS 211.9101 to 211.9135 and moved the administrative oversight of the radon contractor registration program from the Cabinet for Health and Family Services to the Public Protection Cabinet.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 13A.310 authorizes an administrative body to repeal an administrative regulation when it desires that it no longer be effective.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will repeal the current radon contractor registration program as that program is no longer under the Cabinet for Health and Family Services.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will impact 152 certified radon professionals.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Individuals seeking state registration will need to be aware of the program change from the Cabinet for Health and Family Services to the Public Protection Cabinet.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This administrative regulation will not result in a cost to the regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Regulated entities will be registered with the newly formed Kentucky Board of Radon Safety.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to the cabinet to implement this administrative regulation.
(b) On a continuing basis:
There will be no cost to the cabinet to implement this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This administrative regulation does not require funding.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Not applicable.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees associated with this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied. This is a repealer administrative regulation and it will impact all parties equally.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 13A.310, 194A.050, and KRS 309.432.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Department for Public Health, Division of Public Health Protection and Safety is the promulgating agency. The Kentucky Board of Radon Safety in the Public Protection Cabinet will also be affected by this administrative regulation.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation will not impact expenditures for the Kentucky Department for Public Health.
Revenues:
This administrative regulation will not generate revenue for the Kentucky Department for Public Health.
Cost Savings:
This administrative regulation will not result in cost savings for the Kentucky Department for Public Health.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no affected local entities.
(a) Estimate the following for the first year:
Expenditures:
Not applicable.
Revenues:
Not applicable.
Cost Savings:
Not applicable.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(4) Identify additional regulated entities not listed in questions (2) or (3):
The additional regulated entities are the 152 certified radon professionals.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation will not impact the expenditures of the certified radon professionals.
Revenues:
This administrative regulation will not impact the revenues of the certified radon professionals.
Cost Savings:
This administrative regulation will not result in cost savings for the certified radon professionals.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation will have no fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
House Bill 77 from the 2022 regular legislative session repealed KRS 211.9101 to 211.9135 and reenacted them in KRS Chapter 309. This moved the radon professional’s certification program from the Kentucky Department for Public Health to the Public Protection Cabinet. This administrative regulation repeals the existing radon professional’s certification administrative regulation as the department no longer has statutory authority for this administrative regulation.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse economic impact.
(b) The methodology and resources used to reach this conclusion:
Not applicable.