2009 General Assembly Regular Session: Bills We're Watching / Fifth Edition

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2009 General Assembly Regular Session: Bills We're Watching / Fifth Edition  

Posted: March 6, 2009 

2009 REGULAR SESSION: Bills We're Watching: Fifth Edition

This list profiles the environmental, conservation, consumer and general government bills that will be tracked by the Council during the 2009 session. This is the fifth update, covering the 2009 legislative session, which began on January 8 and continues until March 27. This list will be updated at least weekly.

The chambers will recess again on March 13 until March 26 for the two veto days.

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!)


Send this to a friend, and tell them to write us at FitzKRC@aol.com if they want to receive notice when these postings are updated.


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 starting February 3 is 1-866-840-2835.

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 minus (-). The primary sponsor and current status of the bill are also noted by Committee or chamber.

Senate Bills

SB 2 (Thayer)(H. State Govt)

Comprehensive revision of state executive branch ethics code.

SB 6 (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 7 (Tapp and Seum)(S. Transportation)

Would allow low-speed electric vehicles to use public roads with speed limits of 35 mph or less.

SB 12 (Pendleton)(S. Natural Resources & Energy)

Would require all bulk storage and distribution terminals in Kentucky selling gasoline to offer fuel ethanol and ethanol-blended gasoline, and would allow all fuel retail facilities, wholesalers, distributors and marketers to purchase ethanol from any terminal.

SB 13 (Leeper)(Returned to H NR & Env. Committee) -

Would eliminate current prohibition on granting of a construction permit for a nuclear power plant in Kentucky absent a federally approved disposal site for nuclear plant waste, and replace it with an obligation of the plant to have a plan for storage of high level nuclear waste instead. Allowing proliferation of the nuclear industry before they have in place a strategy for permanent disposal of wastes amounts to an unjustified subsidy to a mature industry that has had decades to come to terms with disposal needs.

SB 15 (Ridley and Rhoads)(S. A&R)

Would create a public infrastructure authority to finance and hold title to major ($300,000,000+) highway projects, would allow tolls.

SB 18 (Seum)(S. State & Local Govt)

Bill aimed at preventing storage of spent explosives in Louisville, would ban storage within certain distance of water installations in counties with consolidated governments (i.e. Louisville). Limitation to such counties likely would result in bill being struck as special or local legislation.

SB 20 (Leeper)(H. Rules)(consent)

Would add a representative of Kentucky Municipal Utility Association to Kentucky Infrastructure Authority Board.

SB 21 (Buford)(H. H & W)

Would require Cabinet for Health and Family Services to promulgate regulations allowing swimming pools to be maintained without a main outlet or drain and mandate compliance with federal pool and spa safety act requirements.

SB 23 (Buford)(S. State & Local Govt)

Constitutional amendment to extend the terms of state representatives from two to four years.

SB 27 (Leeper)(H. NR & Env)(posted)(+)

Would create a brownfield redevelopment fund to allow for grants and loans to governmental agencies for brownfield assessments and restoration of properties. No dedicated funding source identified.

SB 47 (Givens)(H. Rules)

Would amend road weight limits to allow vehicles transporting agricultural crop products and livestock to exceed the 80,000 pound gross weight limit by up to 10%, as is currently allowed for forest products.

SB 49 (Thayer)(S. State & Local Govt)

Would exempt persons in areas not served by a sanitary sewer system from rates charged for the portion of a system used for storm water management.

SB 51 (Harris)(S. Nat. Res. & Energy)

Agency bill that would amend existing demand-side management statute to allow Public Service Commission to require each regulated utility to file DSM plans, programs and measures. Latest word is that due to opposition from one or more of the electric co-ops, the bill will be withdrawn by the agency.

SB 52 (Jones)(H. NR & Env)

Would revise requirements for emergency plans for underground mines to require phone numbers of first responders and posting of GPS coordinates for medical evacuation sites.

SB 55 (Jones)(S. A&R) (-)

Would expand availability of incentives created under House Bill 1 for alternative fuel and renewable energy facilities, to include all new coal-fired power plants and repowering of existing plants to increase power generation by 15% or to reduce carbon emissions.

SB 63 (Harper Angel) (Recommitted to S. NR & Energy)(+)

Would establish a comprehensive framework for recycling of e-scrap, providing for an e-scrap recycling program that would ban landfilling and incineration of e-scrap after 2014, and require manufacturers to register with the state and develop a plan for collection of their e-products for recycling. After January 2011, no retailer could sell a covered device unless that manufacturer was in compliance. E-scrap would include computers, mobile phones, MP3 players, TVs, printers, and cathode ray tube devices.

SB 64 (Jensen) (H. Rules)

Would amend existing law to allow operation of mine ventilation fans in a manner prescribed by MSHA.

SB 66 (Boswell) (S. Nat. Res. & Energy)

Would amend existing law to include “tar sands” as among alternative transportation fuels eligible for tax incentives.

SB 80 (Seum)(H. Local Govt)(posted)

Would overhaul budget process for Metro Louisville, providing more legislative oversight and a budget revenue forecast.

SB 84 (Givens)(H. Ag & Sm Bus)(posted)

Would amend existing law to require reporting by agencies of agricultural and Kentucky-grown agricultural products.

SB 95 (Stein)(S. Judiciary)

Would amend state civil rights law to preclude discrimination based on sexual orientation and gender identity.

SB 99 (Stein) (S. Natural Resources & Energy)

Would amend existing law to require reporting by state agencies of materials recycled.

SB 100 (Stein) (S. Natural Resources & Energy)

Senate version of HB 104, the “streamsaver” bill, which would amend surface mining laws to require spoil material to be handled in a manner to minimize impacts on water resources.

SB 131 (Pendleton)(S. Agriculture)(+)

Bill to encourage industrial hemp production by licensing growers and processors, and monitoring production.

SB 134 (Ridley) (H. NR & Env)(+)

Would require the Division of Oil and Gas Conservation to develop regulations for reclamation of new and abandoned tank batteries, would allow forfeited bonds to be used for reclamation of abandoned tank batteries, and would require as part of reclamation plan that oil and gas operators discuss location of power line placement and minimize impact of location of lines.

SB 138 (Jensen, Stivers)(H. Rules, Recommitted to H NR & Env)(-)

Would authorize the Finance and Administration Cabinet to lease oil and gas reserves under lands owned by the state and state universities, and would require Department for Natural Resources to develop a program of permitting oil and gas operations on state-owned lands, with proceeds being credited to the state agency of record on the property deed (to offset general fund appropriations). SJR 67 is a preferred alternative to this bill that would direct a study of the issue and would make recommendations concerning development of a regulatory program to minimize interference with the purposes for which the lands are owned and managed.
KRC has drafted a House Substitute that would tier SB 138 to SJR 67 and would address concerns of both the Cabinet and KRC as well as a number of legislators, regarding what lands would be appropriate and what lands would be off-limits to oil and gas development.

SB 150 (Stine) (S. State Govt)

Would penalize a state agency $5,000 for failing to hold harmless any person who has complied with a court order. Unclear what the intent behind the bill is, but the extremely broad sweep of the measure could interfere with enforcement of agency regulations and permits.

SB 154 (Thayer) (S. Natural Resources & Energy)(-)

Would allow bulk natural gas suppliers to “reaggregate” and cherry-pick among the retail customers of natural gas utilities in order to provide natural gas for high-volume, low-maintenance institutional customers, leaving the local distribution company (LDC) responsible for providing gas utility service to those classes of customers that the bulk supplier doesn’t want to serve. This form of “retail competition” will likely result in higher prices for those remaining customers, due to the loss of industrial, governmental and educational institutional customers, and is not in the public interest. The LDCs already purchase natural gas in the same transparent marketplace, and deliver that gas at their cost to all customers in their service area. There is no way in which a for-profit bulk natural gas supplier can purchase, mark up the price of, and deliver, meter and bill for that same gas through the same transmission and delivery system to the institutional customers of the LDC at less cost than the LDC would have done. Kentucky has an interest in assuring the vitality of LDCs and their ability to serve all customers. So-called “customer choice” programs that cherry-pick among customers, invariably harm the smaller remaining customer base, from which the LDC must now recover its fixed costs.

Consistent with KRC's historic opposition to allowing retail gas competition, due to the filure of such programs to deliver sustained savings and consumer protection to ratepayers, KRC testified in opposition to the bill. The bill was heard but will not be voted on this session.

SB 156 (Thayer) (S. Licensing & Occupations)

Would increase allowed maximum output from small farm wineries to 100,000 gallons from 50,000 per year.

SB 170 (Stivers) (S. Rules)

Bill on mine safety also calls for electronic mine permitting. Amendment needed to assure that hard copies of permit applications will still be available in local offices.

SB 177 (Stivers) (S. Natural Resources & Energy)

Would amend small coal operators advisory board statute to make language gender-neutral.

SB 187 (Kelly) (S. State and Local Govt)

Would create new oversight process for executive orders issued by the Governor, requiring legislative filing of orders and delaying effective date to allow for legislative committee review, sunsetting all executive orders that are not continued in effect beyond October 1, 2009 by the Governor; and sunsetting all administrative bodies created by executive order, at the end of a Governor’s term unless established by the General Assembly.

SR 2 (Williams and Kelly)(Adopted)

Rules for 2009 Senate Regular Session

SJR 37 (Jones)(S. Nat. Res. & Energy) (+)

Would direct the Environment and Energy Cabinet to require owners of all high hazard impoundments to develop and implement emergency action plans.

SJR 67 (Jensen)(H. Rules)

Would direct the Department of Energy Development and Independence to enter into a memorandum of agreement with the Kentucky Geological Survey to study the value and potential oil and gas operations on state-owned and university-owned lands and would direct the Department to develop the conditions and guidelines for assuring that oil and gas operations would be conducted in a manner that would minimize interference with the purposes for which the lands are owned and managed.

SR 92 (Blevins)(S. Natural Resources and Energy)

Would request the Federal Communications Commission to examine the issue of television commercial volume increases and develop regulations limiting such increases.

House Bills

HB 11 (Wuchner and Burch)(H. Education)

Would require certain amounts of physical activity as part of elementary and middle school curricula.

HB 14 (DeCesare)(H. A&R)

Would create a legislative “time out” requiring 24 hours between the availability of a free conference committee report or floor amendment on the budget, and the floor vote, unless waived by 2/3 of the members.

HB 18 (Higdon)(H. Rules with Committee Substitute, Recommitted to Elections)

Would include prerecorded political messages in the Do Not Call Registry.

HB 21 (Riggs) (S. Transp)

House counterpart to SB 7, would allow low-speed electric vehicles to use public roads with speed limits of 35 mph or less.

HB 29 (Santoro)(H. Local Govt)(posted)

While poorly drafted, intend appears to be to empower county fiscal courts to adopt safety regulations for above-grade noncommercial swimming pools.

HB 33 (Marzian)(H. Labor & Industry)(posted)

Would prohibit discrimination in wages paid for equivalent jobs.

HB 34 (Marzian)(H. Tourism Development & Energy)(posted)

Would add a member of the Brain Injury Association of Kentucky to the Kentucky Recreational Trails Authority.

HB 37 (Marzian)(S. State & Local Govt)

Would allow Governor to appoint members of boards and commissions to as to achieve gender equity.

HB 44 (Yonts)(S. State & Local Govt)

Would amend existing laws governing the bidding and awarding of personal services contracts, and legislative oversight of same.

HB 50 (Owens and Clark)(H. Elections & Const Amendments)

Would amend voting laws concerning in-person and mail-in absentee voting.

HB 52 (Wayne)(S. State & Local Govt)

Would allow a designated caretaker to vote on behalf of a voters scheduled to have surgery on election day, broadening existing law which is limited to the spouse.

HB 53 (Edmonds)(S. Transp)

Would create a system for titling and registration of all terrain vehicles.

HB 56 (Yonts)(H. Elections & Const Amendments)

Would amend the state Constitution to allow the General Assembly to enact a law expanding absentee voting to include early in-person voting.

HB 60 (Nelson)(H. Transp)

Would create process for state inspection of at-grade railroad crossings and for railroad company repair of substandard crossings.

HB 62 (Meeks)(S. State & Local Govt)

Would define “American Indian” for purposes of Kentucky statutes.

HB 63 (Meeks)(S. State & Local Govt)

Would create a process by which an applicant could request formal recognition as an American Indian tribe by the Commonwealth’s Native American Heritage Commission, based on satisfaction of at lease five of the eligibility criteria in the statute.

HB 64 (Meeks)(H. Eco. Dev)(posting waived)

Would create a new LRC Committee known as the International Business Relations Committee.

HB 70 (Crenshaw)(S. State & Local Govt)

Would amend state constitution to allow for restoration of voting rights of convicted felons upon final discharge from parole, expiration of probation, or expiration of sentence.

HB 72 (Marzian)(H. Judiciary)

Would prohibit discrimination in housing, employment and wages based on sexual identity or orientation.

HB 81 (Yonts)(H. Transp)

Would allow low-speed electric vehicles on roads with posted limits of 45 mph or less.

HB 84 (Glenn)(H. Rules)

Would allow lifetime hunting and fishing licenses for all citizens 65 years of age or older.

HB 88 (Wayne)(H. Judiciary)

Would create a crime of vehicular assault of a bicyclist or pedestrian for reckless contact between a vehicle and a bicycle or pedestrian resulting in physical injury or death, and would allow an arrest even if an officer did not witness the injury, if probable cause existed.

HB 91 (Denham)(H. Judiciary)

Would create and define a crime of agroterrorism against an agricultural facility or product.

HB 92 (Yonts) (H. NR & Env)+

Would extend the registration requirements for petroleum storage tanks to be eligible for reimbursement for removal and remediation from 2010 to 2015.

HB 102 (Pasley)(H. Rules)

Would create process for establishing a public infrastructure authority for major 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.

HB 104 (Pasley)(H. NR & Env) (posted)+

The "streamsaver bill," authored by KRC, would require spoil generated by mining activities to be disposed of on previously mined lands or other upland locations to the extent possible, and in compacted constructed fills above defined stream channels where necessary.

HB 111 (Tilley)(H. A&R)

Would create a tax credit for employers creating healthy lifestyle and wellness programs for employees.

HB 114 (Meeks)(H. Judiciary)

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 115 (Meeks)(H. Judiciary)

Comprehensive revision of state law addressing disposition of historic and prehistoric human remains.

HB 119 (Hall and Edmonds)(H. Rules)

Would lower number of underground mine emergency technicians on production shifts for mines with less than 18 employees from two to one.

HB 122 (Nelson)(H. Education)

Would require teaching of fire ecology as part of the core curriculum and involve a broad group of stakeholders in curriculum development.

HB 123 (Marzian)(H. A&R)

Would increase taxes on cigarettes by 75 cents/pack, and direct disposition of funds.

HB 127 (Rollins)(S. Judiciary)

Would amend existing law to allow conservation easements encumbering air board property to run for 20 or more years rather than a minimum of 30 years.

HB 131 (Simpson)(Recommitted to H. Local Govt)

Would amend existing law concerning the establishment of a commission to develop and propose for adoption by residents, of a comprehensive plan for creation of a charter county government.

HB 133 (Owens)(H. Elections & Const Amendments)

Would amend state constitution to allow qualified voters to vote by absentee ballot in person.

HB 135 (Higdon)(H. Transp)

Would allow low-speed electric vehicles on roads with posted limits of 45 mph or less.

HB 140 (Stewart and Couch)(H. A&R)

Would require quarterly reporting of coal severance tax receipts by taxpayer to the Legislative Research Commission.

HB 148 (Cherry)(H Rules, Consent)

Would ratify the reorganization of the Attorney General’s Department of Law.

HB 149 (Cherry) (H. Rules, Consent)

Would ratify the reorganization of the Office of Auditor of Public Accounts.

HB 160 (Meeks and Butler)(S. Nat Res & Energy)

Would amend existing law to require annual state agencies and all higher-ed institutions to report on wastes recycled during previous year.

HB 162 (Pullin)(S. Natural Resources & Energy)

Would reduce property taxes on qualifying voluntary environmental remediation property where the land is used for agricultural production of energy feedstocks.

HB 172 (McKee, Osborne)(S. Agriculture)

Would amend existing law concerning agricultural districts to require the Soil and Water conservation Commission to consider local comprehensive plans and 401 facilities plans when considering whether to approve formation of an agricultural district; and clarify that compliance with K.R.S. Chapter 132 is required in order to obtain an agricultural assessment.

HB 178 (Adkins) (S. Rules)(Consent)(+)

This bill would reenact House Bill 2, in response to the Franklin Circuit Court decision voiding a road bill that was passed after the expiration of the 60th legislative day in the 2008 Session. While HB 2 was passed by both chambers prior to midnight, it was not engrossed and enrolled until after that time, making HB 2 potentially vulnerable to judicial challenge.

HB 185 (R. Webb)(S. Rules)

Would amend mine safety law to allow electrical work to be performed by an electrical trainee under the direct supervision of a certified electrician, rather than by the certified electrician.

HB 187 (Horlander) (S. Rules)(consent)(-)

Bill would amend adoption and publication requirements for county ordinances, including allowing a county ordinance to be adopted without two readings on separate days where 2/3 of the fiscal court claims an “emergency” exists. No definition is given of what would constitute such an emergency. Such a broad power to suspend the requirement for two separate readings needs to be narrowed and bounded by a measurable and reviewable standard; otherwise the ability of the public or courts to police the exercise of legislative power by a county could be compromised.

KRC has offered some language to the Kentucky Association of Counties to define what would constitute an emergency. KRC will discuss this matter with KACO, the Kentucky League of Cities, and legislative leadership during the interim.

HB 196 (Riner)(H. Elections & Const Am)

Proposed constitutional amendment to allow automatic restoration of voting rights for certain convicted felons on expiration of probation, parole, or prison term.

HB 199 (Burch) (S. State & Local Govt)

Statute would allow issuance of identification cards for persons experiencing homelessness and establish a $2 fee for the identification cards.

HB 203 (Riggs)(S. Eco. Dev & Tourism)

Bill amending local government economic development statutes to conform to reorganization provided in Executive Order 2008-602.

HB 205 (Riggs)(H. Judiciary)

Statute seeks to codify judicial procedures, standards of evidentiary proof, allocation of liability, and statutes of limitations for silicosis and mixed-dust disease claims, and to make these changes applicable to pending claims.

HB 208 (Denham) (S. Rules)(consent)

Would require regulations of the Department of Fish and Wildlife Resources to be available on the website rather than requiring newspaper notification and would make various other changes to fish and wildlife laws relating to press notifications, trapping, and waiving of licenses and fees for special events.

HB 211 (L. Combs) (H. Rules) (+)

Would broaden the definition of “timber harvesting operations” that are subject to the forest management act to include removal of woody biomass from the forest as a raw material for energy production, and would narrow the firewood exemption.

HB 215 (K. Flood) (S. Nat Res & Energy)

Would amend environmental trust fund to allow expenditures for “environmentally beneficial projects” which are projects “that benefit the environment and the Commonwealth.” The trust fund is currently limited to supporting scientific, technical and environmental research, and to finance R&D projects promoting innovative solutions to environmental problems. Committee substitute provided a definition of what projects would be eligible, addressing KRC’s concern with the bill as introduced.

HB 217 (Floyd)(H. Elections)

Proposed constitutional amendment allowing for initiatives to be placed on the ballot by 5% of registered voters who voted in the last gubernatorial election for statutes, 8% for constitutional amendments.

HB 224 (Wayne and Clark)(H. A&R)(+)

Would exempt waste vegetable oil based fuels from state motor vehicle fuel taxes.

HB 233 (Edmonds)(H. Local Govt)(posted)

Would encourage county consolidation and establish procedures for consolidation of two or more counties.

HB 235 (McKee and Denham)(S. Nat Res & Energy)

Would create a Forest Health Board for purposes of identifying and prioritizing threats to health of Kentucky’s forests, and reporting to the General Assembly annually.

HB 240 (Adams)(S. Agriculture)

Would require spaying or neutering of dogs and cats as prerequisite to release from a releasing agency.

HB 242 (McKee and Adams)(H. Rules)

Would increase penalties for second and subsequent violations of prohibiting on hunting on lands of another without permission.

HB 245 (Collins)(Recommitted to H. Transportation)

Would designate Kentucky’s nature license plates as official “Green license plates.”

HB 250 (Santoro)(H. Local Govt)

Would provide mechanism for formulation and application of development fees by area planning commissions under Chapter 147.

HB 266 (Napier)(H. Transp)

Would create a new “Go Green” special license plate and allow purchasers to make a voluntary contribution to the Kentucky Pride Fund, which funds roadside litter abatement and orphan landfill remediation.

HB 285 (Adkins)(To Senate)

Intent of bill is to amend existing law regarding tax incentives to make them available to advanced coal-fired power plants or modification of existing plants that capture and sequester carbon emissions and that have received federal energy incentives. As written, the original bill required only that the plant include “carbon capture or storage.” At KRC’s suggestion, the language was modified to require carbon capture and sequestration.

HB 299 (Webb and others)(S. A&R)

Would amend existing law to clarify that a taxpayer eligible to claim a “clean coal incentive credit” must do so before March 15 of each year.

HB 301 (Turner and others)(S. Ag)

Would prohibit removal of animal identification or tracking devices without permission.

HB 305 (Cherry)(H. State Govt)(posted)

Would add a representative of municipal utilities association to the Kentucky Infrastructure Authority.

HB 310 (Damron)(S. Nat Res & Energy)

Consumer protection bill that would direct the Cabinet for Health and Family Services to develop standards for remediation of mold in private and public buildings and empower Attorney General to investigate complaints about mold remediation companies and to enforce the standards.

HB 345 (Stewart)(H. A&R)

Would exempt from sales and use taxes the costs of an installed geothermal heat pump.

HB 351 (Adkins and Pullin)(H. NR&Env)(posted in error)(-)

Intended to provide a mechanism for state assumption of liability for the KGS research projects on geologic carbon sequestration, the bill is drafted in an overbroad manner that creates a state policy of underwriting the liabilities for non-performance of carbon injection. The bill is a placeholder for a much more narrowly-tailored measure that addresses liability for the research project alone and does not establish a state policy of assuming liability for failed geologic sequestration.

Bill will not be heard.

HB 362 (Adkins and Yonts) (S. Nat Res & Energy)

Would amend existing state law to remove references to Kentucky’s ratification of the Southern States Energy Compact, which never took effect. Committee substitute places the Center for Renewable Energy and Environmental Stewardship at the University of Louisville.

HB 367 (Jenkins and Graham)(To Senate)

Would amend the definition of “party” under K.R.S. 13B, the administrative hearings chapter, to include a union representative.

HB 376 (Rudy and others)(H. Tourism, Dev. & Energy)(-)

House version of SB 13, which would remove current prohibition on construction of new nuclear plant until a federally approved disposal site is opened. Bill amounts to an unjustified subsidy to the nuclear power industry by allowing new construction before a waste disposal strategy is in place.

HB 383 (Jenkins and Embry)(S. Education)(+)

Committee substitute incorporates KRC proposal to require that the Kentucky Medical Association review and revise the guidelines for when to curtail or cancel practices, to include, in addition to consideration of temperature and humidity, ambient air quality and ozone and particulate levels.

HB 396 (Combs)(H. NR & Env)

Would authorize state Division of Forestry to investigate forest-related crimes and give the Attorney General, Commonwealth and County Attorneys concurrent jurisdiction to prosecute forestry-related crimes.

HB 397 (Combs)(H. NR & Env)(posted)

Would increase penalties for bad actors under state forestry laws and allow attachment of property to satisfy penalty judgments, and provide power to order cessation of operations for failure to pay penalties.

HB 399 (Osborne)(S. Nat Res & Energy)

Would limit drug usage on noncaptive wildlife.

HB 405 (Simpson)(H. Local Govt)(posted)

Would allow local governments to adopt safety measures in landlord tenant ordinances provided that they do not conflict with state law.

HB 422 (Belcher, Clark)(H. Local Govt)(posted)(Needs revision)

Would allow creation of regional wastewater commission by two or more governmental entities, and would exempt the commissions from state regulation by the PSC. KRC supports the concept of allowing governments to form regional wastewater commissions in order to manage wastewater, but opposes the insulation of such commissions from oversight by the Public Service Commission, since the ballot is not an effective nor sufficient counterweight to actions taken by commissions appointed by elected officials..

HB 424 (Higdon) (H. Tourism, Dev. & Energy)

Would require PSC to require regulated utilities to consider, and do a cost-benefit analysis, of burying any new electric distribution lines.

HB 425 (Higdon)(H. Seniors, Military Affairs and Public Safety)(posted)

Would impose new requirements for reporting by both regulated and nonregulated utilities on the status of utility efforts to restore electric power in the case of emergencies.

HB 447 (Webb)(H. Rules)

Would provide that under Chapter 100, the existence of a driveway, easement or other access road in a parcel of land being subdivided is not to be considered a new street.

HB 452 (Gooch)(To Senate)

Would update laws concerning mining around oil and gas wells and drilling of wells through workable coal seams to incorporate new technologies for mapping; and would lessen setbacks from 500 to 300 feet for mining near wells.

HB 456 (Osborne)(H. Tourism Dev & Energy)(posted)

Would allow utilities to grant rate discounts to senior citizens, low income, disabled and active duty military.

HB 460 (Coursey)(H. Tourism Dev & Energy)(posted)

Would require government entities involved in providing an activity or facility for recreational use to purchase liability insurance and require the state to reimburse for policy cost.

HB 470 (Simpson, Keene)(H. Local Govt)(posted)

Would bring sanitation districts under the jurisdiction of the Public Service Commission for rates and service, by removing the exemption for sanitation districts from the definition of “utility.”

HB 478 (Rudy)

Would require refunds from telephone and wireless providers for periods of lost communication during emergencies, and would require all cellular towers to have backup emergency generators.

HB 501 (Burch)(H. Transp)

Would impose a decal system and fee of $30 for riding motorcycles without helmets, payable to the Wounded Soldier Program.

HB 509 (Pasley)(H. A&R)

Would revise existing laws relating to the turnpike authority to focus the efforts of the authority on implementing and facilitating the financing of major transportation projects, and allow imposition of tolls to retire debt service on bonds.

HB 517 (Jenkins)(H. Local Govt)

Would establish new requirements concerning the budget development, approval and implementation process for Metro Louisville.

HB 522 (Nelson)(H. Tourism, Dev and Energy)

Would require the Fish and Wildlife Commission to designate areas suitable for horseback riding among the lands managed by that agency.

HB 537 (Adkins)(S. NR & Energy)

The Beshear Administration’s energy bill, HB 537 is an anemic measure at a time when bold initiative is needed. It contains an extremely weak provision for further study concerning a utility renewable and energy efficiency portfolio standard rather than creating such a standard. The bill lacks any language that would require electric utilities to begin to diversify their portfolio mix of energy sources.

KRC has offered language to revise both the timeframe and the subjects to be reviewed by the carbon management workgroup, and has indicated to the Administration that it will not seek to amend the bill to include a mandatory renewable and energy efficiency portfolio standard.

HB 542 (Hall)(H. Tourism, Dev. and Energy)(posted)(-)

Would allow retail competition in natural gas supplies to customers. Bill was heard in committee but will not be voted on. Consistent with KRC's historic opposition to allowing retail gas competition, due to the filure of such programs to deliver sustained savings and consumer protection to ratepayers, KRC testified in opposition to the bill.

HR 1 (Richards and Adkins) (Adopted)

Adopted 2008 Regular Session Rules as Temporary Rules for 2009 Session.

HJR 7 (Edmonds) (H. NR & Env) -

A joint resolution directing the University of Kentucky to conduct research studies with recommendations concerning mining the Robinson Forest and the implications of that activity on forests and streams.

HJR 10 (Rollins and others)

Would reform House Rules to prevent going beyond midnight on the 60th legislative day, to limit time spent to introducing guests and entertainment during sessions, add members to the Committee on Committees, limit removal of committee members, and make other House Rules reforms.

HR 19 (Pullin)(Adopted)

Resolution urging the President-Elect and Congress to fully fund the Greenup Lock and Dams Projects.

HR 26 (Stumbo and others)(Adopted)

Adopts Rules of Procedure for 2009 Regular Session.

HJR 116 (Combs and Hall)(S. Nat Res & Energy)

Would grant infrastructure projects that support a coal to liquid facility priority over other projects.

HJR 119 (Webb)(S. Nat Res & Energy) (-)

Would direct the Energy and Environment Cabinet to promulgate regulations requiring the development of emergency action plans for all high hazard dams in the Commonwealth. Committee substitute made a sham of the bill, requiring that the coal industry file a plan but precluding the Cabinet from reviewing the adequacy of the plan.
KRC will seek to amend the bill in the Senate or will ask that it be withdrawn.

HJR 126 (Adkins)(S. Nat Res & Energy)

Expresses support for research and funding for Kentucky Geological Survey work on geologic carbon sequestration

HCR 141 (Thompson)(To Senate)(-)

Would establish a “natural resources caucus” within the legislature representing oil, coal and natural gas interests. Somewhat stilted view of what constitute the natural resources of the state.

HCR 171 (Sims)(H. Rules)(consent)

Would encourage state and local governments to review and adopt policies to minimize radon exposure.

By Kentucky Resources Council on 03/06/2009 5:32 PM
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