SALT LAKE CITY — A bill sparked by a KSL investigation into Utah's non-existent radon gas laws will not make it through the legislature.

The bill's sponsor, Senator John L. Valentine, R-Orem, said the Radon Gas Provisions bill request hasn't even been drafted. It's apparently stuck in line at the drafting office with hundreds of other unprocessed bill requests.

"We made budget cuts over the last number of years just like all the agencies did, so we're seeing a very slow process in getting bills through our offices," he said. "It's very much jammed in the system."

Now, instead of a law to help protect Utahns from exposure to radon gas, Valentine has crafted a concurrent resolution asking for voluntary compliance.

"I don't like to do laws just to mandate laws just for the sake of mandating. I do like to have people do voluntary things that are in their best interest," Valentine said. "I think that's where we start with the concurrent resolution."

The resolution does two things. First, it designates January 2014 as Utah State Radon Action Month, coinciding with the National Radon Action Month. Second, it asks all Utahns - business owners, property owners, citizens, home builders, realtors schools, etc. - to get educated about radon and to take measures to protect themselves. It also asks state and local government agencies to devote programs and resources to radon.

"Agencies have existing budgets in which they are to do certain types of things," said Valentine. "DEQ for example has a budget that will be used to actually assist in these radon test kits."

"I don't know where the additional funding would come from. I don't know how many other people we'd be able to get involved in this," said Andrea Jensen, an environmental health educator for the Utah County Health Department.

Jensen runs the department's radon awareness program. She said its budget is already strapped. Its only source of income is a small grant she shares with Habitat for Humanity. She's also the only employee that works on the program, meaning she alone is responsible for educating more than half a million Utah County residents about radon gas.

"It's a mountain and I'm a little teeny mole trying to make it up the mountain," she said. "So overwhelming at times to think of what we need to do and how there's no possible way that I can do it."

Jensen said the most help she's had in raising radon awareness, came from a KSL investigative series on radon gas. Last November, KSL discovered dozens of homes in a new Draper neighborhood with elevated levels of radon — dangerous levels that could lead to lung cancer according to the Environmental Protection Agency.

"I remember seeing some reports on KSL in the fall about the homeowners in the Draper area, and a lot of people were very, very angry - and rightfully so - that they didn't know about radon," she said.

Jensen said the concurrent resolution is a move in the right direction, but that "eventually we will need a regulation."

One housing industry group disagrees.

"No, I don't think there needs to be a law saying that. People just need to get involved," said Cal Musselman, President of the Utah Association of Realtors.

One of the original bill proposals asked for a mandatory disclaimer to real estate documents so home buyers and sellers were aware of radon's risks. Musselman said mandating action for one group instead of everyone does little for the problem.

Related:

KSL Investigation Sparks Interest in Radon Bill

A bill sparked by a KSL investigation into radon will be up for debate in the 2013 Legislative Session.

"It's a percentage thing - one percent of the houses or 100 percent? Which one are we going to try to get? Which group are we going to try to get: the entire citizenry of the state or just the people that happen to be selling?" he said.

Real estate documents used by UAR member realtors, like the "Seller's Property Condition Disclosure" form and "Buyer Due Diligence Checklist," have listed radon as a hazard for years. However, a review of both documents revealed radon gas is merely a mention in the same section as asbestos and lead. No other information is provided.

"It's not about the paperwork," said Musselman. "It's about education and getting people to test."

To prove that point, the UAR says it's revamping a radon brochure that it will give to clients. It's also giving away one thousand free radon test kits and spending tens of thousands of dollars on a radon-awareness campaign.

Valentine said he wants to see a similar effort from all Utahns, even if it's as simple as testing their own homes. He said he'll review the issue in a year to see if the voluntary effort works. If not, he said Utah may need a law after all.

"We can come back and look at that particular segment or stakeholder and say, ‘You know what? We may need to use some government directions more than just in a resolution," he said.

Jensen said she hopes that government direction comes soon.

"I'm getting really tired trying to do so much on my own, so the sooner the better," she said.

The Concurrent Resolution on Radon Gas is not yet official. Like a bill, it must go through hearings and votes in both the Senate and House. If passed, the resolution will go to the Governor for a final stamp of approval.

KSL will continue to follow this issue through the legislature and will bring you any significant developments as they happen.

Email: liwilliams@ksl.com

Contributing: Mike Headrick

Related topics