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

Alert Feb 17  Posted: February 18, 2001

Kentucky Resources Council, Inc.

Post Office Box 1070

Frankfort, Kentucky 40602

(502) 875-2428 phone (502) 875-2845 fax

e-mail FitzKRC@aol.com



February 17, 2001

2001 REGULAR SESSION: 529 BILLS INTRODUCED. . AND THEY KEEP GOING. AND GOING AND GOING . . .

As the Monday, February 19 deadline for introducing new bills in the House and Senate looms, the volume of bills filed by members of both Houses has crested 500 and is still rising. 13 legislative days remain for passage of new bills by each chamber, followed by two concurrence days and after a ten-day veto period, two veto days.

Environmental bills good and bad are a significant part of the legislative landscape this session.

BILLS NEEDING YOUR ACTION:

WITHIN THE NEXT WEEK, LEGISLATIVE COMMITTEE AND FLOOR ACTION WILL BE TAKEN ON A NUMBER OF BILLS, GOOD AND BAD, THAT NEED YOUR ATTENTION. PLEASE REVIEW THESE BILLS (which are described in more detail below) AND CONTACT YOUR STATE SENATOR AND REPRESENTATIVE REGARDING THESE BILLS:

** HOUSE COMMITTEE SUBSTITUTE TO HOUSE BILL 104

A compromise has been agreed to by the Council, state, City of Louisville and the League of Cities regarding a "voluntary remediation / brownfields" bill, based on SB 290 as negotiated during the 2000 session rather than SB 2. Gone are the many troubling provisions of SB 2 such as the "standards" board and confidentiality clauses and instead the bill provides for responsible remediation to level protective of public health and the environment, including a reopener for mistakes causing harm holds those who contaminated lands accountable and which publicly funds additional work needed in other state mistake situations.

Please call and fax your Senator and Representative to support House Committee Substitute to House Bill 104.

** HB 183 is a comprehensive solid waste bill that will be heard in House A & R, and which includes an advance disposal fee to fund solid waste litter and education campaigns. Please call House A & R Committee members to support this bill. A House Committee Substitute to HB 183 will be heard this week in A & R, and could significantly advance solid waste management in the state by providing a durable source of funds for litter abatement, waste collection, education and old landfill closure.

** SB 48 This bill ends the vehicle emissions testing program in Louisville and Northern Kentucky in two years, and makes the programs immediately unenforceable, thus promising dirtier air, possible federal sanctions, and adverse effects on economic development in those communities. It will be voted on Monday on the Senate Floor.

Senator Tim Shaughnessy has filed Senate Floor Amendment 1 to the bill to replace the bill with a study of the VET program.

Please contact your State Senator and Representative to support SFA 1 to SB 48 but to oppose SB 48; and its House counterpart, HB 291, which was filed by Rep. Perry Clark.

** SB 60 and SB 73 both seek to prevent the Governor from adopting emergency regulations to protect public health and the environment unless the harm is imminent. KRC opposes any further restrictions on the emergency powers of the Governor to act when needed to protect public health. These bills have passed the Senate and are in House State Government Committee.

Please call and fax Rep. Charles Geveden and the House State Government Committee and ask them to oppose SB 60 and 73.

** SB 172 Introduced by Senator Julie Denton, (R-Jefferson County) this bill proposes a constitutional amendment to give new power to the legislature to do what the LRC v. Brown decision held the constitution prohibited the ability for a committee of the General Assembly to reject administrative regulations during the interim between sessions. The amendment would have a detrimental effect on environmental protection regulations, among others.

Please contact Senate Albert Robinson, Chair, and the members of the Senate State and Local Government Committee to oppose SB 172.

** HB 9 A referendum on container deposit legislation, passed committee and is pending before the full House of Representatives. It deserves your support! Contact your senator and urge them to take up and pass this amendment also.

** HB 176 - attempts to curtail cabinet authority to impose setbacks for corporate industrial livestock and chicken operations, and to prevent the state from requiring the corporate contractors from co-signing water pollution permits.

The sponsor passed over the bill last week, and it may be heard in the House Ag and Small Business Committee this week. Please call or fax the members of House leadership and ask them to oppose HB 176. They are Reps. Greg Stumbo, Jim Callahan, Joe Barrows, Jeff Hoover, Bob DeWeese and Woody Allen.

- - - - - - - -

This list profiles the significant environmental, conservation or consumer bills that are being tracked by the Council during the 2001 session, as well as some general government bills of interest. It will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.

DO YOU WANT OFF THE LIST? HERE'S HOW

If you do not wish to receive this list, please send an e-mail message to fitzKRC@aol.com and you will be removed from the distribution list. Feel free to forward this to anyone you feel might be interested, and to utilize the analysis with attribution as to the source.

WANT TO READ THE BILLS OR CONTACT LEGISLATORS?

For a copy of any bill, or to check the status of the bill, which committee it has been assigned to for hearing, and other legislative information, visit the Legislature's Homepage at

The toll phone number to reach a legislator in person is 502-564-8100.

The toll-free bill status line is 1-877-765-0447.

The toll-free message line is 1-800-372-7181, to leave a message for a legislator or a committee.

THE BEST WAY TO REACH LEGISLATORS

    Did you know that for a single fax to 502-564-6543, you can reach any legislators that you want to contact?  You can send a 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 webpage has a list of all legislators and all committee members.

Please note that the Council does not have recommendations on each bill. Some are tracked simply to assure that they do not become vehicles for industry-sponsored amendments. Recommendations are indicated with a plus (+) or minus (-).

House Bill 2 (Stumbo) (House Natural Resources and Env. Committee) (+) This is the comprehensive mandatory garbage collection, anti-litter, advanced disposal fee on fast-food packaging, and container deposit bill considered during the 2000 session. The bill emerged from the Appropriations and Revenue Committee last session, but has been assigned this session to the Natural Resources and Environment Committee, which traditionally has given container deposit legislation a less-friendly reception.

House Bill 8 (Stumbo) (House State Government) (+) Limits lobbyist compensation during any calendar year to $1,000 for lobbying members of the General Assembly.

House Bill 9 (Stumbo) (House Rules) (+) Would place on the next statewide ballot a referendum question on whether the General Assembly should adopt a statewide container deposit program.

House Bill 12 (Tapp) (House Appropriations & Revenue)(-) Sales tax credits for purchase of gas for agricultural engines (including tractors). Tax credits should be means-tested to eliminate subsidies for industrial agricultural operations.

House Bill 15 (Cornett) (House Tourism, Development & Energy) (+) This bill would eliminate the right of eminent domain (condemnation) under KRS 278.502 for main natural gas transmission lines by persons or corporations engaged in transporting or delivering natural gas.

House Bill 20 (Belcher) (To Senate Ag. Nat. Res.) (Monitor)

Amends KRS Chapter 246, which is the general enabling statute for the Department of Agriculture, to define "agriculture," "horticulture," "aquaculture," "poultry" and "livestock."  KRS Chapter 246 largely deals with the powers and functions of the Department of Agriculture. The immediate effect of these broad definitions would be to include aquaculture as an agricultural operation, and to include nursery operations as horticulture.

The Council had raised two concerns with this bill first, that where there are other statutes such as KRS Chapter 151 which regulates water withdrawal and exempts agriculture from permit requirements but which lacks its own definitions, this extremely broad definition of agriculture could be argued to be indicative of legislative intent in using the term. While the Council would have liked to amend the bill to be more clear, it is on its face limited to KRS Chapter 246 and that is sufficient.

The other concern is that this bill became the vehicle for the Senate to attempt to exclude corporate integrators from co-permitting liability for concentrated animal feedlot operation water discharge permits last session. Rep. Belcher has committed that this bill will go through "cleanly" or not at all.

House Bill 24 (Cherry) (House A & R) Exempts retail purchases associated with beekeeping operations from sales tax.

House Bill 27 (Marcotte) (House NR&ENV) (-) (Posted) Bill would amend state law to exclude from vehicle emissions testing both in northern Kentucky's state-run program and in Jefferson County's Air Pollution Control District, all cars for their first four model years of age. It is posted for consideration next week in the House Natural Resources & Environment Committee.

House Bill 34 (Bather) (House State Govt) (+) Creates an Office of Multicultural Health in the Governor's Office, to address health status disparities among racial, ethnic, cultural, gender groups and geographic locations.

House Bill 40 (Richards) (To Senate Eco. Dev. & Tourism) Creates a certification program for communities seeking to attract retirees to settle in Kentucky.

House Bill 50 (Geveden) (House Rules) (+) Creates mechanism for voters of counties to consolidate counties and their governments with one another.

House Bill 55 (Wayne, Riggs) (to Senate) (+) Would establish training requirements for planning commission and board of zoning adjustment members and planning and zoning officials and staff.

House Bill 57 (Cornett) (House NR&ENV) (Posting withdrawn) (+) Appropriates $2.5 million dollars from general fund to support recycling, waste reduction and litter prevention efforts by counties under their solid waste plans. Bill has some technical problems but in concept is sound and positive.

House Bill 87 (Stumbo) (Senate) Confirms executive orders establishing the Tourism Development Finance Authority in the Tourism Development Cabinet.

House Bill 91(Stumbo) (Senate Eco. Dev.) Confirms executive orders reorganizing the Office of Coal County Development into a Department within the Cabinet for Economic Development.

House Bill 100 (Barrows, Thomas, P.Clark) (To Senate) Would create an industrial hemp research program.

House Bill 103 (Damron) (to House Rules with committee substitute) Would allow issuance of permits to install on-site sewage systems without inspection by the local health department, based on inspection and certification by a private civil engineer. It was amended to require the engineer to be a registered professional engineer.

House Bill 104 (Bather) (House NR&ENV) (posted)

A House Committee Substitute for this bill will be introduced in committee this week, which will establish a "voluntary clean-up program" based on last session's SB 290 with changes to clarify the "mistake" reopener. It has been agreed to by the cities, the state, the Council and Rep. Bather.

House Bill 116 (Stein, Marzian, Bather) (House Judiciary) Would amend state civil rights and fair housing laws to protect against discrimination based on sexual orientation or gender identity.

House Bill 127(Yonts) (House Education) Raises age of compulsory school attendance from 16 to 18.

House Bill 129 (Yonts) (House Transportation) (-) Would increase speed limits to 70 mph from 65 mph on interstates and parkways, and set limits at 35 mph in business or residential districts, 55 mph on all other state highways, unless the state Transportation Cabinet sets a lower standard. The increased speed limit will increase fossil fuel consumption and automotive air toxic emissions, and likely reduce traffic safety.

House Bill 134 (Fischer) (House Tourism) (Provisional support with amendments) Bill would ban the use of MTBE in gasoline. The Council supports the phasing out of the use of MTBE as a reformulation additive (it has been used at much lower concentrations for years) due to concerns regarding mobility in soil and groundwater in the environment in the event of releases and leakage from underground storage tanks. The Council believes the use should be phased-out gradually, however, to allow the market to respond to assure that supplies of other reformulations of gasoline (i.e. utilizing ethanol or other oxygenates to replace some of the benzene) are available.

In the interim, storage and dispensing fuels containing MTBE should be prohibited from any storage tank not meeting upgraded underground storage tank standards, and underground storage tank remediations which are now requiring remediation to meet standards based only for benzene, toluene, xylene and EDB/EDC should be broadened to require testing and remediation for MTBE contamination.

House Bill 139 (To Senate) and House Bill 146 (posted in committee) (+) both clarify the reporting requirements for lobbying organizations to make them monthly during legislative sessions on odd and even years. KRC has already begun voluntarily reporting expenses to the Legislative Branch Ethics Commission on a voluntary basis and has urged other non-profits to do the same.

House Bill 143 (Yonts) (House Floor) (+) Amends Environmental Audit Privilege law to restrict its application, particularly in criminal cases.

EPA has threatened to remove Kentucky's authority to implement the Clean Air Act because of the breadth of this "audit privilege" law, which allows companies to seek immunity from enforcement for self-discovered violations. The state law is overbroad and compromises citizen and state-based enforcement efforts. The proposed changes narrow the law to avoid federalization of air, water, and waste permits.

House Bill 146 (Palumbo) (+) lobbyist registration filing. See above discussion under HB 139.

.

House Bill 157 (L. Belcher) (House Tourism & Eco. Dev.) excludes from Public Service Commission jurisdiction sanitation districts created under KRS Chapter 67.

House Bill 158 (L. Belcher) (H. Ag and Sm. B.) exempts pesticide dealers from paying fees for operators license.

House Bill 165 (H. Rules) (+) Requires public notice and hearings on certain state-authorized capital projects.

House Bill 176(Cherry) (H. Ag. Sm. Business) (-) Bill defines animal feeding operations and "concentrated animal feeding operations" and sets by statute the thresholds for regulation of industrial livestock and poultry operations, and is intended to prevent the Cabinet from imposing either odor or nuisance-based setbacks or corporate integrator co-permitting. Rep. Cherry passed over the bill last week in a continuing effort to seek compromise. The Council had offered a blanket surety bond as an alternative to co-permitting for consideration, and the Farm Bureau rejected the idea.

House Bill 179 (Lindsay) (House Judiciary) Makes technical correction in state nuisance law.

House Bill 183 (Stumbo) (H. A&R) (+) Rep. Stumbo's comprehensive solid waste bill, which includes a modest "environmental impact fee" (advance disposal fee) on beverage containers and fast food packaging to fund highway litter cleanup and other solid waste programs at the local level. Bill also includes strengthening of litter penalties, empowers solid waste coordinators to issue litter violation notices, provides a flexible mandatory collection mandate that allows counties to demonstrate effectiveness of programs other than end-of-curb collection, and provides mechanisms for county collection of delinquent solid waste fees.

House Bill 190 (Fischer) (House Judiciary) (-) Aimed at prohibiting local laws and ordinances banning discrimination based on sexual preference.

House Bill 193 (R. Adams) (Senate) (+) Bill would clarify the Public Service Commission's obligation to provide public notice where any antenna tower for cellular or PCS communication is proposed.

House Bill 207(Wayne and others) (House Eco.Dev.) (+) Bill creates reporting obligations for companies applying for state economic development assistance.

House Bill 218(J. Arnold) (Senate) Bill amends Chapter 13A dealing with administrative regulations, to revise procedures for fiscal notes, and to extend the time during which the Administrative Regulation review committee has to review a proposed regulation.

House Bill 229 (Stumbo) (House A & R) (+) Bill establishes an extremely modest surcharge on sales of dog and cat food to create an animal care and control fund to assist in funding local animal care and control programs.

House Bill 231(Crenshaw) (House State Government) (+) Recognizes sanitation workers in Lexington-Fayette County as eligible for hazardous duty retirement coverage.

Occupational risks and injuries associated with this aspect of solid waste management are often overlooked. The population, outside of medical establishments, at greatest risk for needle-stick injuries and other occupational

injuries are sanitation workers. They deserve public support for this bill.

House Bill 237(L. Clark and others) (House Rules.) (+/-) This is the Governor's collection bill, which requires counties to impose end-of-curb garbage pickup and provides tax-bill based mechanisms to enforce the requirement.

The bill has significant language problems, including a definition of "administering agency" that is so broad as to allow a county to be delegated not only solid waste garbage pickup responsibilities but all air, waste and water pollution permitting authority!

Beyond the language glitches, the bill does for the first time recognize that some counties may have other approaches to garbage collection besides end-of-curb that may be functioning well, but the "opt-out" that is provided to counties is based on the unrealistic goal that by January 1, 2004, ALL open dumps in that county will be eliminated. Failing that, a county must impose end-of-curb collection or face a loss of road funds.

The Council supports Rep. Stumbo's more comprehensive bill, and believes that the benchmark of eliminating all dumps in House Bill 237 is not attainable in the time given, particularly in light of no additional state funding. Appropriate benchmarks should be set to allow a county to demonstrate through a combination of education, enforcement and access, that it can meet a benchmark of collection and dump elimination comparable to an end-of-curb county within a reasonable time. HB 237 does not, at this time, contain comprehensive and achievable benchmarks.

House Bill 238 (Wilkey and others) (House Eco. Dev.) (posted) (-) This bill would allow tax increment financing for local projects by air boards and local industrial development authorities, such as the controversial airpark in western Kentucky.

KRC opposes the use of tax-increment financing by local industrial development authorities and air boards absent full environmental impact analysis, alternatives analysis, necessity and economic feasibility analysis to justify the use of such financing for air board or local industrial development authority projects. Without accountability, this mechanism could be used to fund projects such as the airpark project even though the projects could not justify the need sufficient to attract federal funding or make a case for state funding.

Please contact Rep. Ruth Ann Palumbo and House Leadership to oppose HB 238.

House Bill 242 (Ballard and others) (House Eco. Dev.) (posted) Bill relates to coal economic development and revitalization of coal mining and processing facilities, and allows tax breaks for coal processing facilities creating 10 jobs.

House Bill 245 (Marcotte and Walton) (H. Transportation) (+) Bill would require Natural Resources Cabinet review of transportation impacts of non-coal mining operations based on a plan submitted by the permit applicant, and to deny permits where transportation would pose a risk to traffic safety or degrade air. Bill has some technical problems but is worth supporting.

House Bill 246 (J. Adams) (House Floor) (+) addresses city/county codes of ethics, and would be amended by House Floor Amendment 1 to curtail political fundraising by planning commission and board of zoning adjustment officials.

House Bill 252 (Webb, Nunn) (House Local Government) (posted) (+) allows granting property tax credits for donations of land to parks and recreation systems.

House Bill 253 (Webb, Rader, Vincent) (+) moves authority for regulating junkyards and auto salvage yards to Natural Resources Cabinet from Transportation Cabinet.

House Bill 258(Yonts) (+) (House Rules) Reorganizes the state Mining Board, which oversees mine safety violations, to become an independent agency.

House Bill 260(Thomas) (House Ag. And Sm. Bus.) requires agricultural marketing and production contracts to be filed and publicly available, and to have the Interim Joint Committee review them as part of the December 1, 2001 study on agricultural contracting.

House Bill 288 (Haydon) (House Elections and Const. Amendments) (+) Would limit legislative sessions during even-numbered years to 40 days, down from the current sixty.

House Bill 291 (P. Clark) (-) The counterpart to SB 48 which would end enforcement of the vehicle emissions programs immediately and end the testing in 2003.

Please contact Rep. Steve Riggs, Chair of the House Local Government Committee, and ask him not to hold a hearing on this bill. Chairman Riggs, by holding a hearing on Senator Seum's bill during the last session, caused Louisville's vehicle emissions testing program to lose the ability to test not only motorcycles, but also 20,000+ commuter cars, some older vehicles, and some buses. Ask him to show some leadership and to bury HB 291.

House Bill 305 (Nunn and others) (House Tourism, Eco. Dev. And Energy) (+) would amend Public Service Commission powers to allow them to approve a Demand-Side Management Program proposes by regulated utilities, to include home energy assistance to low-income consumers.

House Bill 306 (Crenshaw) (House State Gov't.) (+) Includes solid waste workers in urban county government employment to be considered as hazardous duty positions for retirement benefits.

House Bill 318 (J. Adams) (House State Govt.) Would make the Area Development Districts the repository of all infrastructure development plans for the area, and create a process for resolving conflict among plans.

House Bill 325 (J. Arnold, Gooch) (House Eco. Dev.) Allows tax credits for coal mining companies that employ over 500 and produce over 4 million tons of coal.

House Bill 328 (C. Belcher) (House Transportation) (+) Restores restrictions on the use of all-terrain vehicles on roads by requiring that use of roads be limited to crossing for agricultural purposes.

House Bill 349 (Reinhardt) (House) Would allow without planning commission approval, the subdivision of land to immediate family members.

House Bill 354 (Adkins) (House) Exempts the cost of postconsumer waste and installation of recycling equipment from sales and use tax.

House Bill 355 (Cornett) Makes the office of Coal County Development the coordinator of state and federal economic development programs for coal counties.

House Concurrent Resolution 23 (Thomas, Vincent and Adkins) A feasibility study for establishment of a Museum of Kentucky Agriculture.

Unless the legislature takes action to curtail the potential for environmental problems and the economic problems facing the small and moderate-sized farms by the unchecked rise in contract agriculture in livestock and tobacco, the first exhibit for the new museum could be the Kentucky small farmer. Fair contracting legislation to protect producers, and integrator liability for corporate contracting entities is needed to prevent victimization of Kentucky farmers.

House Concurrent Resolution 32(Bratcher) Directs subcommittee on energy to study the causes of the rise in natural gas prices and methods to reduce price volatility and to support low-income programs.

House Concurrent resolution 34 (Bather) creates Task Force on Home Energy Affordability.

House Concurrent Resolution 92 (Thomas) Authorizes the Interim Joint Committee on Agriculture to hear testimony and to conduct a study concerning agricultural contracting, sets December 2001 deadline for report.

Senate Resolution 3 (Williams) Adopts the rules of procedure for the Senate 2001 regular session, and makes changes in existing rules.

Senate Bill 1 (David Williams) (To House State Government Committee) Imposes limitations on campaign contributions by business entities seeking to do business with the Commonwealth. Also expands prohibitions on lobbyist contributions to include political parties.

Senate Bill 2 (Leeper, Karem) (To House A & R Committee) Senate Rules with committee amendment) (-) This is a modified version of the "voluntary remediation bill" filed as Senate Bill 4 and in the last session. The bill has numerous flaws which make it an unacceptable bill, including a lack of a clear obligation to identify and disclose, characterize the extent of, and to fully remediate all releases of hazardous substances to be protective of public health and the environment.

Senate Bill 8 (Seum) (To House) Would create a "Motorcycle Safety Education Advisory Commission" to advise the Transportation Cabinet on motorcycle safety education. Also introduced in House by Perry Clark as House Bill 76.

Senate Bill 47 (Sanders) (House Eco. Dev.) Extends existing priorities in KEDFA economic assistance to include the secondary wood products industry.

The bill may need a cross reference to the Kentucky Forest Products Council legislation to assure that economic development assistance is not given to companies which would increase timber production to an unsustainable level.

Senate Bill 48 (Senate Floor) (-) (Seum and others)

Bill would eliminate vehicle emissions testing programs in Northern Kentucky and Jefferson County as of October, 2003, but immediately eliminate enforcement of both programs.

The bill would result in direct and adverse environmental and economic consequences, including the possibility of federal sanctions for failure to meet ozone reduction goals and to maintain a VET program, and would result in decline of air quality related to vehicle emissions and in probable imposition of further air pollution controls on the major industrial sources in both Jefferson County and Northern Kentucky to compensate for the lack of pollution control efforts for the mobile sources..

Senate Bill 51(Casebier) (Senate Transportation) (+) Bill requires that passenger vehicles owned by the state not used for law enforcement be six cylinder or less; transfers larger vehicles to law enforcement.

Senate Bill 56 (House A&R) Creates a program for anti-litter education, and a 19-member "KY-CLEAN Board" (with representation from packing industries, manufacturers, Sierra Club, KFTC and government) in the Transportation Cabinet to oversee the funding and programs. Bill is premised on assumption that anti-litter education is most effective way to prevent highway litter. In response to KRC concerns, the bill was modified to work locally within the existing solid waste coordinator framework. The Council remains convinced that this is a piece of a larger comprehensive solid waste program and that this and other solid waste efforts must be funded by a source more predictable and robust than voluntary income tax refund checkoffs.

Senate Bill 60 (David Williams) (House State Government)(-) Bill seeks to place limits on form and content of Executive Orders, creating a referral process to the legislative leadership prior to such orders becoming effective, establishing sunset provisions for any administrative bodies created by executive order.

Bill also amends KRC Chapter 13A relating to administrative regulations to further curtail the issuance of emergency administrative regulations by eliminating the Governor's power to declare an emergency where the immediate adoption of a regulation is needed to "protect human health and the environment."

Instead, unless the emergency regulation is needed to prevent loss of federal funds or to respond to a federal deadline, no emergency regulations can be adopted unless there is an imminent danger to public health, safety, welfare or property, and even then only where the Governor could have foreseen the imminent danger within the three months prior to the filing of the regulation.

By eliminating the ability of the Executive Branch to adopt emergency regulations in order to protect human health and the environment, and instead limiting emergency regulations to cases of "imminent danger," the law discourages the administration from acting to prevent harm until the last minute, heightening the risk of harm occurring to life, limb or natural resources. The existing framework for administrative regulation adoption, and annual sessions, provide more than sufficient oversight of the regulation adoption process. The further restriction of the Governor's emergency powers goes too far in precluding prompt government action to protect the public and environment from harm.

Senate Bill 72 (Seum) (-) Bans MTBE after September 30, 2001. See discussion under House Bill 134.

Senate Bill 73(Roeding, Seum) (-) The bill would, among other things, eliminate the Governor's authority to adopt emergency regulations needed to protect public health and the environment until the harm was imminent. It has one positive aspect, which is to clarify that the public comment period on regulations runs a full 30 days, rather than the confusing and much shorter period, which now occurs in the absence of a public, hearing on proposed regulations. Despite this provision, the bill should be opposed. It was amended in the Senate Committee in response to the Council's concerns but remains an unreasonable curtailment of the Governor's emergency powers.

Senate Bill 86 (Harris) (Senate floor) This bill shifts the records, funds and equipment of the Kentucky Forest Resource Council to the state Division of Forestry.

Senate Bill 97 (Mongiardo and Pendleton) (Senate State & Local Govt.) Bill would impose, in counties without zoning, a requirement for a buffer zone of 20 feet and a fence, between any land proposed for conversion to non-agricultural use, and adjoining agricultural lands. In counties with zoning, the same obligation would exist.

Senate Bill 122 (Moore) (Senate AG NR) Bill amends anti-littering laws and diverts a portion of fines to anti-litter programs.

Senate Bill 144 (Denton) (Senate State & Local Govt.) (-) Would require a degree of precision in estimating costs for fee setting by agencies in their regulations that is unreasonable.

Senate Bill 161 (R. Jones) Bill would add some protections to public in the exercise of condemnation power by oil and gas companies, including requiring that they pay attorneys fees for landowners objecting to the condemnation.

Senate Bill 172 (Denton) (--) Bill proposes a constitutional amendment to regain for the legislature what the LRC v. Brown decision held was unauthorized the ability for a committee of the General Assembly to reject administrative regulations during the interim between sessions. The amendment would have a detrimental effect on environmental protection regulations, among others.

Senate Concurrent Resolution 1 (Senate Floor) calls for a study of ways to protect Blackacre Nature Preserve from development impacts.

Senate Concurrent Resolution 41 (Senate Floor) authorizes the Interim Joint Committee of A & R to study freight and passenger rail initiatives.

Senate Resolution 36 (Mongiardo) Resolution to study the feasibility of expansion of Pine Mountain State Park facilities.


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