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2008 REGULAR SESSION: Bills We're Watching: Week Seven - 774 Bills, 309 Resolutions, Only 29 Legislative Days To Go! Posted: February 21, 2008
2008 REGULAR SESSION: Bills We're Watching: Week Seven
This list profiles the environmental, conservation, consumer and general government bills being tracked by the Council during the 2008 session. This is the sixth of many updates, covering the first seven weeks of the 2008 legislative session, which began on January 8 and continues until April 15. This list will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.
Feel free to forward this to anyone you feel might be interested, and to utilize, reprint or quote from the bill analyses. We ask only that you attribute KRC as the source when you use our analytical material (so we can take all the blame for anything we’ve gotten wrong!)
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WANT TO READ THE BILLS OR CONTACT LEGISLATORS?
For a copy of any bill, or to check the status of the bill, to track which committee it has been assigned to for hearing, and other legislative information, visit the Legislature's Homepage at http://www.lrc.ky.gov/legislation.htm
To find your legislators email, go to http://www.lrc.ky.gov/whoswho/email.htm
The phone number to reach a legislator in person is 502-564-8100 (this is not toll-free).
The toll-free meeting schedule information line is 1-800-633-9650.
The toll-free message line is 1-800-372-7181, to leave a message for a legislator or an entire committee.
The TTY message line is 1-800-896-0305. En Espanol, el nombre es 1-866-840-6574. The toll-free bill status number is 1-877-257-5541.
THE BEST WAY TO REACH LEGISLATORS – IT’S NEVER BEEN EASIER! Did you know that for a single fax to 502-564-6543, you can reach all of the legislators that you want to contact? You can send a faxed letter, for example, to all Senators and Representatives by listing their individual names on a cover sheet and asking that each get a copy of your letter. The good folks at the LRC fax room will copy your fax and distribute it to all that you list (the recipients must be listed by name.) The LRC web page has a list of all legislators and all committee members.
To email all legislators with one email, send your email to Legislators2008@lrc.ky.gov.
Please note that the Council does not have a position on each bill listed. Some bills are tracked for general interest; others simply to assure that they do not become vehicles for mischievous amendments. Where KRC has taken a position concerning a bill it is indicated with a plus (+) or two minuses (to make searching easier!) (--). The primary sponsor and current status of the bill are also noted by Committee or chamber.
Senate Bills
SB 3 (Williams)(H. Elections & Const. Am.)
Would amend election laws to change filing date for primary candidates from January to May, change primary date from May to August, and eliminate gubernatorial runoff elections.
SB 5 (Thayer) (H. Rules)
Would eliminate gubernatorial primary runoff elections.
SB 7 (Williams) (S. Transp)
Would create process for establishing a public infrastructure authority for highway and bridge projects, allowing the authority to issue bonds for financing a project and to place tolls on a project and set out procedures for collection and distribution of tolls.
SB 8 (Thayer)(House)
Comprehensive revisions to campaign finance laws.
SB 12 (Carroll) (S. Judiciary)
Would amend state law to require adoption of policies by school districts on harassment, intimidation, and bullying.
SB 14 (Thayer) (S. Rules)
Proposed constitutional amendment to eliminate office of Treasurer and assign duties elsewhere.
SB 15 (Pendleton) (S. Judiciary)
Extends protections of animal cruelty laws to dogs and cats and makes killing or “causing injury or suffering to any animal” (other than those we hunt, trap, fish or “process” for food) a Class D felony.
SB 16 (Seum) (H. Local Govt)
Bill responds to use of staff to promote ballot initiative in Metro Louisville, by restricting employees in the classified service in cities of the first class activities involving ballot initiatives during work hours and using public resources.
SB 17 (Stine) (S. Education)
Would require Kentucky Board of Education to adopt regulations requiring all public preschool through eighth grade programs to implement, no later than the 2008-2009 school year, 30 minutes per day or 150 minutes per week of structured moderate-to-vigorous physical activity.
SB 19 (Boswell)(S. A&R)
Proposed constitutional amendment to allow casino gaming.
SB 20 (Boswell) (S. A&R)
Companion bill setting standards for gambling at horse tracks and casinos if amendment is adopted.
SB 22 (Tapp) (S. Rules)
Would create a certification program for licensure of home inspectors.
SB 54 + (Winters) (House)
Initially, the bill creating a separate “limited” permit for sand and gravel mining operations under one acres in size concerned KRC because of the potential for abuse where one entity contracts with numerous landowners to have multiple less-than-one-acre operations, and in doing so, evade the more rigorous standards and permit obligations.
KRC proposed alternative language to more narrowly define a tiered small-operator permit for landowner excavation of surficial gravel for farmstead and personal use, and to strengthen the protections against abuse, which was accepted by the proponents of the bill and was adopted in the Senate Committee. KRC has withdrawn opposition to the bill. The bill passed the Senate on a vote of 21-15, after being amended to prevent resale of excavated gravel.
SB 55 (Scorsone) (S. State & Local Govt)
Would amend state civil rights laws to prohibit discrimination based on sexual orientation and gender identity.
SB 58 (Burford) (S. Judiciary)
Increases penalty for torture of cat or dog to Class D felony.
SB 69 -- (Harris) (House)
Original bill would reduce by half the Hazardous Waste Assessment Fund fee paid by Rohm and Haas and Safety Kleen on hazardous wastes used as fuel, and would reduce from 20% to 5% the amount of the fee transferred to the pollution prevention fund which is administered by the Kentucky Pollution Prevention Center for funding pollution prevention programs.
Senate Committee amendment reduced the funding cut to KPPC and actually increased its funding, while further weakening the capability of the state to fund emergency response, and state superfund site remediation.
KRC opposes both the reduction in funding of pollution prevention programs as well as the loss of contribution to the hazardous waste assessment fund from combustion of hazardous wastes with heat recovery, and the tacit assumption that combustion of hazwastes with energy recovery is a preferred form of disposition of hazardous wastes. KRC intends to vigorously oppose this irresponsible reduction in the funding of the state hazardous waste assessment fund. The Senate vote was 24-11.
SB 83 + (Harris)(H. Tourism Dev. & Energy)
Would add wind, water and other renewable energy sources to solar as being eligible for net metering. There is a more comprehensive House net metering bill addressing these sources and providing for standardization of interconnection requirements, as well as removing caps on availability of net metering. KRC appreciates Senator Harris’ involvement in this issue.
SB 99 (Seum) (S. State & Local Govt)
Senate counterpart to HB 144 would limit development density to 5-acre lots on two-lane rural secondary roads designated as having scenic significance.
SB 105 (Seum) (S. State & Local Govt)
Proposed constitutional amendment to limit odd-year legislative sessions to appropriations and revenue bills and other limited subjects proposed by Governor or leadership of House or Senate.
SB 107 -- (Pendleton) (S. Ag & NR) (needs significant revision)
Bill would prohibit the use, for purposes of approving of denying a KPDES water discharge permit, any water quality data obtained more than thirty-six (36) months prior to the date the application was submitted, and would require that data used for the purpose of evaluating permit applications “shall be obtained from sources determined by the cabinet to be certified for use in making permit issuance determinations.”
While the goal of utilizing the most current water quality data is certainly supportable, the bill appears to be intended to limit the ability of the Cabinet to utilize older water quality data and to require that the agency bear responsibility for collection of the data and that the sources of the data be “certified.” There is no general laboratory certification in Kentucky, and the responsibility for collection of adequate and current water quality data to support a permit decision should fall on the applicant where it is not otherwise available, not the agency. If the applicant (or individual opposing adoption of a TMDL) believes that the water quality data is unrepresentative, that person has the option of collecting and submitting more current data.
SB 114 (Jones)(S. Judiciary)
Would require booster seats for children under 8 years old and between 40 and 57 inches in height and specify penalties.
SB 116 (Harper Angel)(S. Judiciary)
Would prohibit reading, writing or sending a text message while driving.
SB 117 (Denton)(S. State & Local Govt)
Would amend state constitution to extend from 4 to 6 years the terms of State Senators, beginning in year 2010.
SB 120 (Buford) (S. Judiciary)
Would require booster seats for children under 7 years old and between 40 and 50 inches in height and specify penalties.
SB 127 (Buford)(S. Rules)
Would remove the Henry Clay Law Office from the list of state-owned historic properties managed by the Division of Historic Properties.
SB 143 (Scorsone, Kerr)(S. Veterans, Military Affairs)
Comprehensive bill addressing safety of children’s products in commerce and for notification of recalls and notices of unsafe children’s products.
SB 145 + (Stine)(S. Rules)
Would require full consideration be given to bicycle and pedestrian ways in state transportation planning and construction, and development of standards for design and construction in roadway projects.
SB 147 + (Buford and Carroll)(S. A&R)
Would allocate $15,000 to the University of Kentucky to study the water supply and water needs of Central Kentucky, and report on or before November 30 2008.
SB 148 (Thayer) (House)
Would require reporting by political issues committees of funds spent advocating approval or defeat of a proposed constitutional amendment.
SB 156 -- (Leeper and Borders)(S. Ag&NR)
Companion bill to HB 542, would revise state law to eliminate current prohibition against commencement of construction of a nuclear power facility in Kentucky until the PSC certifies that the US Government has identified and approved a demonstrable technology or means for permanent and terminal disposal of high level nuclear waste.
Proposed amendment to K.R.S. 278.600-610 would instead allow construction of such plants provided that the PSC certifies that the facilities’ plan for disposal of high level nuclear waste is in conformity with the “technology approved by the” US Government and that the cost of disposal can be calculated in order that an accurate economic assessment can be completed.
Public concern with the contribution of fossil fuel-generated electricity has breathed new life into the nuclear power industry, which accounts for some 20% of the national electricity generation but which has seen little licensing activity or new capital investment in decades. The issue has split the environmental community as well, with some rethinking nuclear energy as an alternative that in the generation of power releases no greenhouse gases.
KRC believes that the policy discussion should be joined in our Commonwealth concerning the role, if any, of nuclear power, and assessment of the comparative footprints and health and environmental risks associated of various energy sources for the life cycle of the fuels and energy generation (including extraction and beneficiation/enrichment of the ores, disposal of tailings, aqueous and rod wastes; mining, processing of coal, including emissions of radionuclides associated with combustion of pulverized coal from traditional coal-fired plants and from resulting ash, and other life-cycle impacts of the fuel choices).
KRC does not, however, support revision of state law that would remove the requirement that permanent disposal for spent aqueous wastes and core rods be in operation prior to construction of any nuclear facilities in the Commonwealth, since indefinite on-site storage in dry casks and pools of spent wastes at existing facilities is not a responsible surrogate for permanent disposal, and elevates risks of accidental or intentional releases.
SB 161 + (Jensen and others)(S. State & Local Govt)
Proposed constitutional amendment to repeal annual legislative sessions.
SB 165 + (Leeper)(S. Ag&NR)
Would establish the “Kentucky Bluegrass Turns Green Program” concentrating on energy demand-side management.
SB 166 + (Turner and others)(S. Ag &NR)
Counterpart of HB 520, would provide a cash payment and educational scholarship from the general fund portion of coal severance taxes, for the surviving spouse and children of any coal miner who dies as a result of a occupational accident.
SB 168 + (Stine)(S. A&R)
Would encourage renovation and construction of buildings using sustainable design concepts and encourage use of life-cycle analysis of design proposals, and require Department of Education to develop guidelines on sustainable school design and net zero buildings, and appropriate $10 million for up to two pilot net zero school projects.
SB 171 (Carroll)(S. Judiciary)
Would make timber theft a Class D Felony.
Senate Resolutions
SR 1 (Williams, Kelly, Worley)
Senate Rules of Procedure for 2008 Session.
SJR 72 + (Jones)(Recommitted to S AgNR)
Would direct the Environmental and Public Protection Cabinet to require emergency action plans for all high and significant hazard impoundments. Senate counterpart to House Joint Resolution 60.
SJR 76 + (Harper Angel)(House)
Would require Environmental and Public Protection Cabinet to submit a report to the LRC relating to electronic waste disposal and recycling.
House Bills
HB 3 (Marzian, Jenkins) (S. State & Local Govt)
Would require Governor to achieve all possible gender equity in board and commission appointments.
HB 18 (Owens, Cherry, Larry Clark) (To House For Concurrence)
Would eliminate gubernatorial primary runoff elections.
HB 19 (Stacy, Jenkins) (H. State Govt) (posted)
Would establish compensation rules where one legislative chamber adjourns without consent of the other chamber.
HB 31 (Wilkey) (H. Rules)
Would establish process for expungement of criminal records for Class D felonies.
HB 34 (Wuchner, Burch and others) (H. Education)
Would require certain amounts of physical activity as part of elementary and middle school curricula beginning in 2009-10 school year.
HB 42 (Crimm) (H. Judiciary)
Would create penalty of forfeiture of ownership of animals involved in cruelty and torture cases, and prohibit ownership and possession of animals of the same species for two years.
HB 47 (Owens) (H. State Govt)
Would require reporting of “legal defense trust funds” used by public officials and limit who may contribute.
HB 55 (Burch) (To Senate)
Would require booster seats for children under 8 years old and between 40 and 57 inches in height and specify penalties.
HB 56 (Burch) (H. Transportation)
Would prohibit use of cell phones in moving vehicles except for emergency use and hands-free apparatus.
HB 58 (Higdon) (H. Elections & Const.) (posted)
Proposed constitutional amendment to require revenue and appropriation bills to be introduced in odd-numbered-year sessions, limit all sessions to 30 days, and require 3/5 vote for revenue and appropriations bills.
HB 69 (Cherry) (H. State Govt) (posted)
Would amend executive branch ethics laws to clarify that an executive agency decision includes a decision by the Public Service Commission pursuant to a request for a change in the rates or service of a utility which results in an order of the Public Service Commission, thus applying lobbying provisions of the code to the Public Service Commission.
HB 70 (Owens, Crenshaw) (H. Rules)
Would amend state constitution to provide for automatic restoration of voting rights to felons on completion of sentence.
HB 71 (Glenn) (H. NR & Env)
Would create a lifetime combination hunting and fishing license for Kentuckians over 65 years old.
HB 80 (Meeks)(Recommitted to H. A&R)
Would amend state law to encourage interlocal agreements for cooperation in provision of emergency services among counties.
HB 81 (Wilkey, Hoover) (H. A&R)
Would create student loan forgiveness program for lawyers working for certain agencies and for legal services organizations.
HB 83 (Yonts) (S. Ag & NR)
Would amend existing law on water districts to revise manner in which districts can extend services and composition and manner of selection of boards.
HB 88 (Simpson) (S. State & Local Govt)
Would extend authority to eliminate public nuisances presently held by cities of the first, second classes and consolidated local governments, to third and fourth-class cities
HB 90 (Higdon) (H. Labor & Industry)
Probably the most popular prefiled bill, this would prohibit use of automated calling equipment or recorded political telephone messages from or by a political party or campaign.
HB 91 (Cherry) (S. Judiciary)
Would define "harassment, intimidation, or bullying" and require school districts to adopt policies for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student.
HB 92 (Wayne and L. Clark)(Recommitted to H. A&R)
Would amend state law to redefine “renewable energy facility” to lower the minimum capital investment and electricity capacity for solar or hydropower facilities and for landfill gas used for electricity. KRC will be working with the sponsors and other legislators to revise the criteria for renewable energy facilities.
HB 93 (Wayne, L. Clark)(H. NR & Env)
Would amend HB 1 to require that for a unit to be “carbon capture ready” it must plan for compression of carbon dioxide in addition to capture. Unfortunately, the term “carbon capture ready” even with this change does not adequately limit availability of incentives for coal conversion technologies since any facility is theoretically carbon capture “ready” – the issues are the cost and efficiency, and more significantly, whether the facility has a plan for management or disposal of the captured CO2.
HB 98 (Denham) (S. Ag NR)
Would create and define a crime of agroterrorism against an agricultural facility or product.
HB 100 (Denham) (Recommitted to H. NR & Env)
Would revise laws allowing local governments to collect solid waste taxes or service fees and allow local governments to collect delinquent solid waste collection taxes or fees through contract with the Department of Revenue.
HB 106 (Denham) (H. Judiciary) (posted)
Would require junkyards and other purchasers of ferrous and nonferrous metals and objects containing ferrous and nonferrous metals to keep records of transactions and criminalize failure to maintain a register of purchases of metals and objects containing metal.
HB 113 (Damron) (H. State Govt)
Would prohibit use of public funds for membership in a private organization that holds closed meetings where all members are not permitted to be present.
HB 119 (Simpson) (H. Rules)
Would amend code enforcement board statute to establish schedule for civil penalties for code violations.
HB 124 (Westrom) (To Senate)
Amends existing laws on certification of landscape architects
HB 134 (Cherry) (H. Rules)
Would amend Executive Branch Ethics statutes to include unpaid executive officers under code, and make changes in personnel laws relating to merit employee protection.
HB 144 (Bratcher) (H. Local Govt)
Would limit development density to 5-acre lots on two-lane rural secondary roads designated as having scenic significance.
HB 145 (S. Lee) (H. Judiciary)
Increases penalty for torture of cat or dog to Class D felony.
HB 149 + (Nelson)(H. Tourism Dev. & Energy)
Would create state income tax credits for residential solar thermal and PV system, upgrading insulation, and energy-efficient windows, storm doors and geothermal heat pumps.
HB 153 + (Owens & Adkins) (H. A&R)
Appropriates an additional $10 million dollars for Low Income Home Energy Assistance Program.
HB 159 (Dossett) (H. A&R)
Would appropriate $500,000 over the biennium to create matching grants for preservation of cemeteries.
HB 164 + (Pasley) (H. NR & Env)
The "streamsaver bill" would require spoil generated by mining activities to be disposed of on previously mined lands or other upland locations rather than in stream channels.
HB 176 (Owens) (H. Elections, Const)
Would create a provisional ballot process for voting by individuals whose eligibility to vote is in question.
HB 205 (Yonts) (H. NR & Env)
Would amend fish and wildlife statutes to establish process for landowners to receive permits to erect structures on banks of department-owned lakes.
HB 206 (Higdon) (H. Local Govt)
Intent appears to be to amend planning and zoning authority under KRS Chapter 100 to give additional discretionary authority to cities or counties to adopt zoning regulations addressing noise and dust from commercial developments in excess of fifteen acres. Language needs rewriting to clarify intent, and KRC is concerned that language may have the effect of restricting rather than adding to the city or county's authority, since it already has the authority to enact zoning regulations addressing activity on the land and its effects on neighbors.
HB 212 (Cherry) (H. State Govt)
Similar to HB 175 in that it would amend Legislative Ethics Code to broaden the definition of "legislation" to include regulations and legislative proposals, and to impose new limits on campaign contributions from lobbyist employers.
HB 213 (Riner) (H. Elections, Const)
Proposed constitutional amendment on restoring voting rights to persons convicted of non-violent, non-sexual felonies after completion of sentence, 100 hours of community service and three years without further offenses.
HB 214 + (Wayne, L. Clark, Henley, Weston) (H. A&R)
Would create tax incentives for vegetable oil-based fuels and conversion of vehicles to use waste vegetable oil fuel.
HB 215 (Gooch, Stewart) (H. NR & Env) (posted)
Would appropriate up to $15 million dollars each year to match monies deposited in the Kentucky Wetland and Stream Mitigation Fund.
HB 216 (Wayne) (S. Judiciary)
Would require that proceeds from donated easements that are part of the Purchase of Agricultural Conservation Easements (PACE) Program be paid to donor or donor's heirs after the easement is terminated.
HB 231 (Jenkins) (H. Health & Welfare)(posted)
Would prohibit sale or use of any lead-bearing substances on items that may be used by children, and would require labeling of products containing lead bearing substances.
HB 233 + (Simpson, Gooch & Santoro) (H. Rules)
Original bill would have allowed a plastic container with a barrier layer to be coded as a “1” rather than a “7” if the resin layer “is compatible with or removed from the recycling stream,” and as a “7” if it is “not compatible for the purposes of recycling.
KRC was concerned that the coding of a multi-layer bottle containing a nylon barrier layer as a "1" will have a negative effect on the plastics recycling industry.
KRC proposed alternative language that allows the coding of containers with barrier layers with the predominant resin if the manufacturer demonstrated that it had conducted the studies required by the Association for Postconsumer Plastic Recycling (APR) and had received a “compatibility letter” indicating that the container would not adversely affect the existing recycling stream. The parties approved the proposal and it was approved by the Committee as House Committee Substitute to the bill. KRC’s approach recognizes that innovation in packaging is occurring yet assures that the existing recycling framework is not disrupted by packaging that is not designed with recyclability in mind.
HB 246 (Wayne, Riggs) (Withdrawn)
HB 250 (Cherry, Vincent)(S. State & Local Govt)
Comprehensive reform of executive branch ethics code to include new restrictions on acceptance of awards and use of state time for certain purposes, on acceptance of donations to defense funds, and extending scope of persons covered by code.
HB 251 (Yonts) (S. State & Local Govt)
Would revise government contract review and reporting requirements, particularly with respect to higher education institutions.
HB 268 + (Nelson) (H. A&R)
Creates state income tax credits for installed cost of energy efficient windows and storm doors, geothermal heat pump systems, solar energy systems, small wind turbines, upgraded insulation, and amends state net metering law to include wind energy.
HB 271 (Meeks)(H. NR & Env)
Would adopt California greenhouse has motor vehicle emissions standards.
HB 274 (Marzian and others)(H. Judiciary)
Would amend state civil rights law to prohibit discrimination based on sexual orientation or gender identity.
HB 279 (Harmon, Simpson) (H. Judiciary)
Would require recordkeeping and reporting by dealers, collectors and vendors of scrap metals.
HB 286 -- (Rudy & Nesler) (H. NR & Env)
House version of the initial SB 54. Initially, the bill creating a separate “limited” permit for sand and gravel mining operations under one acres in size concerned KRC because of the potential for abuse where one entity contracts with numerous landowners to have multiple less-than-one-acre operations, and in doing so, evade the more rigorous standards and permit obligations.
KRC proposed alternative language to more narrowly define a tiered small-operator permit for landowner excavation of surficial gravel for farmstead and personal use, and to strengthen the protections against abuse, which was accepted by the proponents of the bill and was adopted in the Senate Committee. KRC has withdrawn opposition to SB 54, but still opposes the house version of the initial bill.
HB 291 (Adkins)(H. Transp)
Would create a state rail bank fund for management by the Transportation Cabinet of donated abandoned rail lines and rights of way from railroad companies.
HB 292 (McKee) (S. Ag NR)
Amends statutes governing agricultural districts to tighten standards for creation of an agricultural district, to provide for periodic reviews of districts of 10 acres of less, and to require compliance with conservation plans in order to receive lower agricultural tax assessment.
HB 295 (Meeks) (H. Local Govt)
Would create a permitting process for excavations of archaeological sites on private property and clarify disposition requirements for disposition of human remains discovered during archaeological investigation or inadvertently encountered in cemeteries. Would also clarify rights of descendants and relatives to access to cemeteries on private property.
HB 296 (Meeks) (H. Local Govt)
Comprehensive revision of state law addressing disposition of historic and prehistoric human remains.
HB 299 + (Moberly and others) (H. Tourism Development & Energy) (posted)
Would direct Governor’s Office of Energy Policy to produce a report and recommendations concerning adoption of a Renewable Portfolio Standard for electric utilities to include a certain percentage of renewables in their generation portfolio. Report would also include recommendations on funding mechanisms, such as Public Benefit Funds, for supporting energy efficiency and renewable energy initiatives and programs.
HB 312 + (Moberly and Pasley)(H. Tourism Dev. & Energy) (posted)
Would amend the Kentucky River Authority statutory authority and mandate to include promotion of installation of hydroelectric units on the Kentucky River dams.
HB 313 + (Moberly, Pasley, Pullin)(H. Tourism Dev. and Energy)
Would amend net metering law to broaden availability of net metering of renewable power onto the electric grid to include wind, biomass, hydro and cogeneration, and would establish a statewide interconnection and net metering standard.
HB 315 (A. Smith and others) (H. NR & Env)
Amends law on mine safety to lower from two to one the number of EMTs required to be on a surface mine during production shifts with 10 or less employees.
HB 322 (Simpson) (H. Rules)
Amends Chapter 100 regarding land use planning to provide that legislative bodies must act on proposed comprehensive plan goals and objectives within 90 days of transmittal from a planning commission or those goals and objectives are deemed adopted.
HB 330 (Horlander and others) (To Senate)
Amends open meetings law to allow notices of special meetings to be sent by email to agency members and media organizations that have requested such a method of notice rather than by fax or regular mail. Posting of written notice of special meetings is still required 24-hours before the meeting.
Bill would be improved by requiring posting of electronic notice of special meetings on the websites of those agencies in addition to posting written notice in the building, and KRC will be talking with the interested parties and the sponsor about an amendment to do so.
HB 332 -- (Simpson, Fischer, Graham)(H. Judiciary) (posted)
Would replace current requirement for payment of 12% interest on court judgments with a lower rate based on KRS 131.183(1) with a floor rate of 6%. Change could encourage dilatory appeals and lowering of incentive of person against whom judgment is entered to promptly pay the ordered damages.
HB 337 (Wilkey) (H. Tourism, Dev. & Energy)
Would amend Public Service Commission statute to increase penalties for violations of regulations or orders of the Commission.
HB 347 (Greer and Butler) (H. Ag & Sm. Bus)
Would require setbacks of 3,000 feet between new or expanded industrial poultry production operations (20,000 or more birds) from land on which a school, nursing home, church, day care center, or hospital is located.
A more comprehensive revision to state laws is needed to demand full accountability of industrial poultry and livestock operations for their air, land and water impacts and impacts on the use of nearby properties and structures.
HB 361 (Stein) (H. Elections, Const. Amendments)(posted)
A constitutional amendment allowing legislature to authorize cities or counties to impose sales and use taxes if approved by the voters of that jurisdiction, and purposes and duration are specified.
HB 406 (Moberly and others)(H. A&R)
The Governor’s proposed Executive Branch Budget for 2008-2010. KRC is very concerned with the transfer of millions of dollars from the Kentucky Pride Fund, Petroleum Storage Tank Environmental Assurance Fund, and the Kentucky Stream and Wetland Restoration Fund - all supposedly dedicated funds whose remedial and restorative purposes are potentially compromised by these large-scale diversions of funds to the general fund.
KRC is very concerned with the loss of general fund dollars in the Department of Environmental Protection, and with transfers of funds from “trust” accounts to the General Fund.
KRC has communicated with the U.S. Army Corps of Engineers concerning the removal of $10 million dollars of "in-lieu" mitigation fees from the restoration fund and Governor's proposal to bond back $5 million each year of the biennium, since there will be both a loss of access to the funds and concomitant delay in ability to fund compensatory mitigation and restoration projects, and also a loss of interest receipts. In response to KRC’s communication, the Corps has informed the House leadership that removal of those funds is inconsistent with the state’s obligations concerning the management of the in lieu fund.
KRC will be reviewing the impacts of the other fund diversions and will oppose any diversion that will slow reclamation of underground storage tank sites, old landfills, or litter programs. The loss of tens of millions from the storage tank fund and bonding back a fraction of the funds removed, may compromise both the ability to timely remediate contaminated sites, and the ability of the fund to be used as financial assurance for permitted USTs.
KRC testified before the Environmental Quality Commission this week and suggested that the fee structure for waste and water permits should be raised in order to fully capture the actual costs of processing pollution permits and of routine inspections of permitted facilities, since current fees recover only a small fraction of those costs and represent a hidden taxpayer subsidy of the use of air, land and water resources for waste disposal.
HB 434 (Damron)(H. Rules)
Would direct the Cabinet for Health and Family Services to establish standards for remediation of mold in private and public settings.
HB 484 + (Butler & Hoffman) (H. Rules)
Would require governing board of higher education institutions to purchase Kentucky-grown agricultural products if available. Extends a purchasing preference already in effect for state agencies under Chapter 45A.
HB 486 (Simpson) (H. Local Govt)
Defines which entity is the “Executive Authority” for purposes of code enforcement boards.
HB 489 + (Combs) (H. NR& Env)
Would significantly strengthen state oversight of timber theft and timber harvesting, and improve protections of landowners against timber theft and against irresponsible harvesting practices. Among other provisions the bill would require that timber contracts be in writing, contain certain minimum information and conditions comparable to those in Forest Service Form 2600; require notice to neighbors within 30 and no more than 60 days before harvesting is to occur, and to the county clerk and Division of Forestry; require marking of cut timber; empower the Division of Forestry, Attorney General, Commonwealth and County Attorneys to investigate and prosecute violations; protect whistleblowers who report theft, damage to or arson of trees; strengthen criminal penalties; and provide for restitution of lost value, property damage, and costs associated with property restoration.
HB 491 (Rasche and others) (H. Transp)(posted)
Would create a Water Transportation Advisory Board to advise state government on matters relating to water transportation and marketing of riverports.
HB 502 (Weston)(H. Local Govt)(posted)
Would allow planning commissions to use first-class mail to provide notice of hearings and of final decisions to the person to whom citations are issued in enforcement cases involving violations of binding elements. Current law would require certified mail if mail is used, or personal service or delivery.
HB 506 (Wilkey)((H. Local Govt)(posted)
Establishes rules governing annexation by a city of areas including city-owned utility infrastructure.
HB 515 (R. Nelson)(H. Licensing & Occup)
Would allow a certified on-site sewage disposal system installer to work on outdoor components of a sewage disposal system without a plumbers license.
HB 517 (Rollins and Brinkman) (H. State Govt)
Would require all buildings funded 50% or more by the state to be LEED compliant unless impractical or if the additional costs would not be recovered in 10 years.
A comprehensive energy bill to be introduced as HB 2 within the next week or two will include more rigorous high performance building requirements for publicly-funded buildings.
HB 518 (Wilkey)(Judiciary)
Would establish requirements for sale of dogs in pet stores and increase penalties for torture of a dog or cat.
HB 519 + (Crenshaw)(H. Local Govt)
Would broaden hazardous duty retirement classification to include Lexington sanitation workers and heavy equipment operators.
Disposal of sharps and medical wastes from home health and other unregulated sources, and disposal of household hazardous wastes, fully justify according sanitation workers hazardous duty retirement eligibility.
HB 520 + (Stumbo) (H. NR&Env)
Counterpart of SB 166, would provide a cash payment and educational scholarship from the general fund portion of coal severance taxes, for the surviving spouse and children of any coal miner who dies as a result of a occupational accident.
HB 529 (Montell) (H. State Govt)
Would require state-owned vehicles capable of using biofuels to be refueled with biofuels whenever available.
HB 532 (Nesler and others)(H. Transp)(Posted)
Would provide corporate income tax credits of up to $4,500 per track mile for maintenance and improvement of railroad tracks, bridges for short-line railroads, capped at 50%, and capped in any year at $1 million in the aggregate, and up to 25% for grade crossing improvements; and 1 25% credit for expenditures for expansion or upgrading of track to accommodate transportation of fossil energy resources and biomass.
Ground freight transportation accounts for a significant amount of fuel use and pollution from carbon dioxide, particulate matter and nitrogen oxide. With 85 percent of the total value and 66 percent of the total weight of US cargo carried by heavy-duty diesel freight trucking, trucks annually emit 32% of transportation NOx, 27% of transportation PM, and 18% of transportation carbon dioxide. With railroad carrying 4% of the value and 16% of the total weight of US cargo, railroad freight locomotives account for 8% of the transportation NOx, 4% of the transportation PM and 2% of the transportation CO2.
KRC will be talking with the advocates for the bill regarding the possibility of focusing tax credits instead on those investments that are not part of routine maintenance and which are of direct environmental benefit, such as investments made in new generation diesel locomotives, reductions of emissions from switch yard equipment, and other investments that could accelerate retrofitting and remanufacturing of engines to reduce PM and other pollutants, utilization of cleaner fuels, and other strategies to reduce idling and improve efficiency.
HB 537 (Hoffman and others)(H. Licensing & Occupations)
Companion bill to HB 550, Governor Beshear's proposal on state oversight and licensing of casino gaming.
HB 542 -- (Rudy)(H. Tourism, Dev. & Energy)
Companion bill to SB 156, would revise state law to eliminate current prohibition against commencement of construction of a nuclear power facility in Kentucky until the PSC certifies that the US Government has identified and approved a demonstrable technology or means for permanent and terminal disposal of high level nuclear waste.
Proposed amendment to K.R.S. 278.600-610 would instead allow construction of such plants provided that the PSC certifies that the facilities’ plan for disposal of high level nuclear waste is in conformity with the “technology approved by the” US Government and that the cost of disposal can be calculated in order that an accurate economic assessment can be completed.
Public concern with the contribution of fossil fuel-generated electricity has breathed new life into the nuclear power industry, which accounts for some 20% of the national electricity generation but which has seen little licensing activity or new capital investment in decades. The issue has split the environmental community as well, with some rethinking nuclear energy as an alternative that in the generation of power releases no greenhouse gases.
KRC believes that the policy discussion should be joined in our Commonwealth concerning the role, if any, of nuclear power, and assessment of the comparative footprints and health and environmental risks associated of various energy sources for the life cycle of the fuels and energy generation (including extraction and beneficiation/enrichment of the ores, disposal of tailings, aqueous and rod wastes; mining, processing of coal, including emissions of radionuclides associated with combustion of pulverized coal from traditional coal-fired plants and from resulting ash, and other life-cycle impacts of the fuel choices).
KRC does not, however, support revision of state law that would remove the requirement that permanent disposal for spent aqueous wastes and core rods be in operation prior to construction of any nuclear facilities in the Commonwealth, since indefinite on-site storage in dry casks and pools of spent wastes at existing facilities is not a responsible surrogate for permanent disposal, and elevates risks of accidental or intentional releases.
HB 550 (Owens and others)(H. Elections & Const Am)
Governor Beshear’s proposed constitutional amendment to permit General Assembly to approve up to 12 casinos in Kentucky.
HB 576 (Collins and others)(H. NR&Env)
Amends process for random selection of applications for permits to take wild elk.
HB 582 -- (Damron and others)(House)
This year’s iteration of the billboard industry’s perennial effort to seek approval to cut public trees from highway rights-of-way in order to assure visibility of both permitted and “nonconforming” billboards.
Bill also weakens provisions requiring destroyed nonconforming billboards to be removed, and provides a free bite for violators of the law. KRC has sent a letter of opposition to House Leaders, which can be viewed at www.kyrc.org.
HB 592 + (Hall and others)
Bill would create a “Kentucky Worker Opportunity Credit” creating a tax credit for employers hiring regular and long-term welfare recipients; and a Kentucky Earned Income Tax Credit seeking to allow the poorest workers in the state an additional credit of 5% of the federal EITC, providing a return of $30 million to Kentucky’s poorest workers.
Bill is supported by a broad coalition of business and nonprofit organizations, and KRC is proud to support the bill.
HB 604 (Meeks)
Would require state agencies to report on amount of waste materials recycled.
HB 613 (Hall)
Would establish a system to permit off-road and ATVs on public lands, using Fishtrap Lake as a pilot project.
House Resolutions
HR 3 (Richards)
House Rules of Procedures for 2008 Session.
HJR 6 (Marzian) (S. Education)
Would create study group to develop Holocaust curriculum guidance for schools.
HJR 54 + (Pasley, Moberly, and others)(H. Rules)
Resolution encouraging U.S. Army Corps of Engineers to promote private investment in the installation of hydroelectric generating units on all existing dams within and abutting the Commonwealth of Kentucky under its jurisdiction, by developing a memorandum of agreement with other federal and state agencies for prioritization of review and action on applications to install hydroelectric generating units.
HJR 60 + (Webb)(H. NR & Env)
Would require high and moderate hazard impoundments to develop Emergency Action Plans meeting requirements of the Federal Emergency Management Agency,
HJR 68 (McKee and others)(S. Ag NR)
Resolution would reauthorize the Kentucky Aquaculture Task Force and require an updated state plan by November 1, 2008.
HJR 81 (Moberly and others)(H. A&R)
Would provide that the mandates and directives of the 2008-10 Executive Branch Budget have the effect of law.
HR 91 (Wayne and Clark)(To Floor)
Would urge Congress to encourage EPA to establish standards for certification of conversion kits to allow use of vegetable oil for diesel engines.
HCR 93 (Webb & Osborne)(H. Rules)
Would reauthorize the Land Stewardship and Conservation Task Force.
HJR 103 -- (Edmonds and A. Smith)
Withdrawn. Would have directed UK Department of Mining Engineering to develop a report on the amount of coal that could be removed from UK’s Robinson Forest with “the most minimal surface and stream disturbance” and royalty income that could be expected.
HR 125 + (Pullin & Vincent) (H. Seniors & Military Affairs)
Resolution urging Congress to fund the upgrade and maintenance of locks and dams on the Ohio River.
KRC would recommend broadening the resolution to urge Congress to fully fund repair and replacement on Dam 10 on the Kentucky River and the Rochester Dam on the Green River.
HJR 153 (Overly, Pullin)
Directs the Kentucky Recreational Trails Authority to study ways to increase adventure ATV ridership and reduce ATV trespass.
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