2023 Action Alert #3

« Latest News

Weakening Protections for Endangered Species & Water Quality

Please act this weekend. Without your voice of opposition this bill could be voted on by the house early next week.

SB 226 would prevent the Kentucky Division of Water from requiring that discharges into Kentucky streams with threatened and endangered species include water quality-based pollutant limits needed to protect those species and their habitat.

By tying the hands of state regulators on state-issued water pollution discharge permits where federally protected aquatic species exist, the bill will have the opposite effect of that intended. It will spawn:
  • more litigation on implementation of the water quality standards,
  • more challenges to individual pollution discharge permits into waters with federal-protected species, and
  • further degradation of Threatened & Endangered species.
It may also result in withdrawal of Kentucky’s delegated pollutant discharge permit program by EPA or by the courts, as well as potential EPA action on the individual permits, because issuance of a discharge permit by Kentucky without considering and applying the most protective of numeric, narrative, and antidegradation requirements violates Kentucky's obligations under the Clean Water Act.
Additionally, the bill creates an unworkable timeframe for the Energy & Environment Cabinet's review of requests for certifications on whether a proposed activity will comply with state water quality standards. By requiring that the Cabinet act within 60 days of receiving a complete application, the bill doesn't allow time for requesting and receiving additional information needed to meaningfully review requests, and will have the unintended consequence of more denials of certification requests due to lack of adequate information on which the agency can make a determination.
  • Call to 1-800-372-7181 and leave a message for "All Representatives" to "Protect Kentucky's Waters And Oppose SB 226"
  • Email your Representative and email House Leadership with that message.


Favoring Large Scale Solar Developers Over Farmers & Rural Landowners

HB 4, which makes changes in the laws regarding the siting of utility-scale solar and other facilities generating electricity for the wholesale market, is now in the Senate Agriculture Committee. As written, it favors the interests of solar developers over Kentucky farmers and other rural landowners. Five changes are needed to protect landowners and to hold merchant power plant developers accountable.

Please act this weekend to email each Senator on the Senate Agriculture Committee and your State Senator and ask them to support the five changes needed in HB 4 to protect landowners and hold merchant power plant companies accountable.
  1. All equipment should be removed at the end of the solar facility's life unless the landowner requests otherwise.
  2. The bonds should be set by the Siting Board or County with advice of an engineer at an amount sufficient to completely remove the facility and restore the property, minus salvage value, and should be reviewed every 5 years.
  3. Transfers of ownership or control of the LLCs that own these power plants should be reviewed and approved by the Board.
  4. The bill should be prospective only and not try to affect existing Siting Board decisions and court cases.
  5. Local governments should be able to require more, but not less, protections for landowners and communities than the Siting Board.
This Weekend - Ask all Senators to OPPOSE HB 4 without the five changes needed to protect landowners and hold merchant power plant companies accountable.
By Kentucky Resources Council on 03/11/2023 11:16 PM
« Latest News