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Kentucky Resources Council, PO Box 1070, Frankfort, KY 40602 Phone [502] 875-2428

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PO Box 1070, Frankfort, KY 40602  Phone 502.875.2428, Fax 502.875.2845

2007 SESSION FINAL UPDATE  Posted: March 28, 2007

2007 SESSION FINAL UPDATE: 795 BILLS AND 493 RESOLUTIONS FILED

On March 27, 2007, the General Assembly adjourned sine die until January 2008. It is anticipated that they will return sooner, however, since the Governor has indicated he will call a “special session” to address the state pension system funding needs.

This list identifies the significant environmental, conservation, consumer and general government bills that were tracked by the Council during the 2007 session and that have or will become law. For a complete list of bills that KRC tracked, visit Update #5. A final report on KRC’s priority bills will follow tomorrow. For a copy of a bill, go to the Legislative Website at http://www.lrc.ky.gov/legislat/legislat.htm

Senate Bills

SB 10 (Tapp) (Law)

Creates uniform state permit and inspection process for installation of heating, ventilation and air conditioning systems.

SB 25 (Angel) (Passed both Houses, To Governor)

Creates a Kentucky Farmers Market Nutrition Program to enhance nutrition by providing for introduction of locally-grown fresh produce in schools and in programs for low-income citizens.

SB 47 (Stivers) (Law)

Allows reciprocal certification of miners licensed in other states.

SB 56 (Kelly) (Law)

Administration bill codifying the reorganization of the Department of Parks Office of Project Administration.

SB 59 (Kelly) (To Governor)

Originally, administration bill codifying reorganization of the Transportation Cabinet. Bill text was replaced with agreed-upon “Boni’s Bill” addressing protection and funding for state social workers.

SB 74 (Harris) (Law)

Bill directs Department for Local Government to track deployment and adoption of telecommunications and information technology in Kentucky, enable public-private partnerships among providers and governments to encourage deployment of advanced services. Bill also enables DLG to contract with a nonprofit organization to accomplish the objectives of the bill. KRC has concerns that any nonprofit organization with whom the Department contracts to monitor and advocate deployment and adoption of telecommunications and information technology is free from conflicts of interest, that all meetings and records are open, and that the contract is competitively bid. DLG officials made those commitments in response to KRC comments before the House Committee.

SB 76 (Kelly) (Law)

Administration bill confirming Executive Order reorganizing Department for Local Government and abolishing several commissions, including the Kentucky Flood Control Advisory Commission.

SB 79 (Kelly) (Law)

Administration bill codifying Executive Order reorganizing several departments within the Cabinet for Health and Family Services.

SB 82 (Leeper) (Law)

Agency bill amends KRS Chapters 132 and 141 regarding financial incentives available for redevelopment of brownfields property. Bill updates definitions and qualifications for a three-year reduced ad valorem tax rate, and for a tax credit, for qualifying voluntary environmental remediation property. SB 91 (Pendleton) (Law)

Bill would broaden existing preemption of local government regulation of pesticides to preempt local government enactments regulating the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers.

KRC was initially concerned that the preemption language could be read as preempting local governments from adopting siting and operation ordinances regulating land application of manures from industrial-scale poultry and livestock operations.

KRC negotiated alternative language that resolved this issue and also clearly protects both any reporting obligations under state and federal law and local government powers under KRS Chapter 100.

SB 92 (Boswell) (Law)

Senate counterpart to HB 136, would amend law governing Soil and Water Conservation Districts to address the purchase or lease of buildings and equipment for districts with state funds.

SB 125 (Jensen) (Law)

The initial bill muddled the application of state law to waste tires eventually processed for fuel. A revision negotiated by proponents and KRC resolved these concerns, and provided a narrow exemption from local solid waste consistency determinations for end users of processed TDF but requiring that the air permit applications for use of such TDF is subject to public notice and comment. Use of whole tires or unprocessed TDF remains subject to air permitting and local solid waste board determinations.

SB 144 (Kelly)(Law)

Administration bill reorganizing Justice Cabinet.

SB 187 (Jensen) (Law)

Agency bill updating the state statutes concerning expenditures of monies under the abandoned mine land program.

SB 196 (Stivers) (Law)(-)

Committee Substitute for original bill that would exempt from siting board review and provide local circuit court venue rather than Franklin circuit Court for appeals of permitting actions, for “industrial energy facilities,” which would include any facility using coal gasification to produce transportation fuels, syngas, chemicals, electricity or other “useful products” costing over $750 million. KRC believes it inappropriate to seek to incentivize new industrial facilities by abridging citizen rights, and that such an approach will result in more, rather than less, controversy regarding such proposals.

Senate Resolutions

SR 5 (Thayer) (Adopted)

Commends Toyota Hybrid Team for hybrid Camry assembly pilot production at the Georgetown, Kentucky facility.

SJR 16 (Law)

Names I-65 in Jefferson County as Dr. Martin Luther King Jr. Highway.

SJR 109 (Jensen) (Law)

Administration bill creating task force on drought mitigation and response. Committee substitute transformed the “task force” to a “council.”

House Bills

HB 46 (Thompson) (Law)

Creates requirement for continuing education for engineers of 15 hours per year; exempts those licensed before 1972.

HB 69 (Arnold) (Law)(-)

Would include among economic revitalization projects entitled to tax credits, those existing coal mining operations that resume after temporary closure and which have raw production of at least 3 million tons of coal and employ over 500 persons. With a boom market for coal, public subsidies for opening or reopening mines are not needed or justified.

HB 94 (Pullin & Denham) (Law)

Bill would create standards and procedures for remediation of properties contaminated from methamphetamine labs.

KRC has suggested language clarifying the purpose of the bond or financial assurance and the process for forfeiture of the contractor’s bond, and or requiring a liability insurance policy for personal or property damage associated with the decontamination of inhabitable properties by a certified contractor. A floor amendment incorporated a number of KRC’s recommended changes and was approved by the House.

HB 102 (Pullin) (Law)

Expands existing law on Kentucky Gas Pipeline Authority to include oil and refined petroleum products within the definition of “gas” whose pipelines can be financed under the current law. Committee substitute adds carbon dioxide to eligible gases, in order to allow pipelines transporting sequestered CO2 to oil fields for secondary recovery.

HB 108 (Hoffman) (Law)

Creates an account to provide funding for preservation of historic rock fences and construction of new rock fences.

HB 120 (Wayne) (Law)

Creates a new category of health department permits for sales of food associated with farmers’ markets.

HB 137 (Yonts) (Law)

Would extend currently-expired deadline for registration of old underground storage tanks, allowing the removal of those tanks to be reimbursed by the state petroleum storage tank account.

Floor amendment drafted by KRC for Rep. Yonts at his request extended deadlines for eligibility for reimbursement for tank removals and remediation of contaminated properties, thus assuring that as properties continue to be discovered, they will be eligible for remediation under the publicly-funded program.

HB 207 (Yonts) (Law)

Amends existing KRS Chapter 351 regarding mine safety prosecutions, to guarantee right of full intervention for spouses and miners in hearings on violations of mine safety laws; increases frequency of mine inspections, and makes other changes.

HB 305 (Gray and others) (Law)

Bill would increase state minimum wage to $7.00 an hour and provide for annual adjustment keyed to consumer price index increases.

HB 355 (Simpson) (Law)

Authorizes planning commissions to enter into agreements with public or private entities for administration of zoning and planning statutes, code enforcement, and urban renewal programs.

The inclusion of “private agencies” and “organizations” in this bill was troublesome, since it appeared to authorize the privatizing of governmental planning and zoning and code enforcement functions; where previously interlocal agreements have been limited to public agencies. KRC discussed with the sponsor an amendment to remove that private agency reference, and House Floor Amendment 1 was adopted to remove the word “private.”

House Resolutions

HR 146 (Weston and others) (Adopted)

Commends LGE, KU and E.oN for their investment in the FutureGen project.



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