The immediate effect of the bill is unclear. The Kentucky Transportation Cabinet has received correspondence from the Federal Highway Administration indicating that the absence of the VET program may interfere with the ability of the region to demonstrate "transportation conformity" and cause an interruption in federal highway dollars. By November 2002 it will be known whether conformity can still be achieved. An amendment offered by Senator Neal that would have assured no loss of highway dollars in the event of a determination of non-conformity, was defeated by the Senate on a party-line vote following the lead of Senators Seum and Julie (Rose) Denton, both of Jefferson County.
In the absence of the VET program, the Air Pollution Control District will be obligated to amend the plan for maintenance of attainment of the ozone standard, replacing those lost credits with credits from further reductions from stationary sources, from "banked" credits or from other sources. Senators Seum & Denton, Representative Perry Clark, and Judge Executive Jackson, can be "credited" with any decline in air quality that occurs due to the termination of the VET testing program in 2003 (including increased non-compliance between now and then in anticipation of the program's end), any additional imposition of costs to industries arising from the loss of VET credits in the maintenance plan, and whatever loss of federal highway funds follow this law