(1) An independent district board of health and an independent district department of health may be established in areas where an existing district board of health and district department of health includes counties which are a part of an interstate MSA where the Kentucky population of the interstate MSA exceeds two hundred fifty thousand (250,000) people on July 1, 1989, as estimated by annual population estimates by the United States Bureau of the Census.
(2) The county fiscal courts of any county within an area may by resolution of the respective fiscal courts, passed by a majority vote of the members present, unite the counties to create, establish, maintain, and operate an independent district department of health as defined in KRS 212.780. Each fiscal court shall provide for its proportion of the cost for the creation, establishment, maintenance, and operation of the department by resolution.