2001 Regular Session - Legislation Relating To Geology

The list below is linked to the Web site of the Legislative Research Commission (LRC). If you click the links you can see the Legislative Record entry that shows the current status of the bill that is listed.

The actual text of the bill can also be downloaded by clicking on the bill number found in the first line at the upper left of the LRC page for that bill.

The LRC also has helpful information about the legislative process.

Contacting the Legislature:


Environmental Protection

SB 2 - (passed Senate with committee amendment, see below) Create a new range of statutes in subchapter 1 of KRS Chapter 224 to establish a process to promote voluntary cleanup and redevelopment of properties suspected of environmental contamination as a result of the release of hazardous substances or petroleum;

Section 3 - establish criteria to enter program; require a characterization plan; exclude property that is part of or contains a site listed on the National Priorities List, property that is part of or contains a site subject to the federal Resource Conservation and Recovery Act, property subject to state or federal environmental enforcement action relating to a release, and sites that present an imminent danger; require an application fee based on acreage of the site to be cleaned up; require fees to be used by the cabinet to administer the program; require the cabinet, if requested, to meet with the applicant to discuss the environmental assessment requirement; require the cabinet to notify the Department for Public Health if the application relates to hazardous substances over which the department has authority; allow limited confidentiality of application;

Section 4 - require the cabinet to notify an applicant within 45 days if the application is accepted; allow the cabinet to reject an application if the cabinet determines the property is ineligible to participate in the program, the application is not complete, or the cabinet withdraws from agreed order negotiations; require the cabinet to notify an applicant of the reasons for rejecting an application; allow an applicant 90 days after initial rejection to complete or revise an application without incurring an additional fee; allow the cabinet 45 days to review the resubmittal; allow the applicant and cabinet to meet if the revised application is not approved;

Section 5 - require the cabinet and applicant to enter into a voluntary remediation agreement after an application is accepted stating the responsibilities of the parties involved in the project; require an agreement to identify any hazardous substance and petroleum released or believed to be released, to include the applicant's agreement to characterize the release, to submit a characterization report and a remediation plan within 120 days after the date of the agreement unless a longer period is agreed to by the parties, and to submit a remediation work plan report by the date agreed upon by the parties; require the agreement to include the estimated costs of oversight and the applicant's agreement to reimburse the cabinet for oversight costs unless waived by the cabinet; require the agreement to include the applicant's agreement to complete remediation on the agreed schedule according to the approved work plan; require the agreement to include a requirement that records be retained and provided to the cabinet on request; allow the cabinet or applicant, after a reasonable time, to withdraw from negotiations for the agreement;

Section 6 - require the applicant to submit a site characterization report and remediation work plan to the cabinet after execution of an agreement; require the plan to be submitted to the Department for Public Health if the department has regulatory authority over the hazardous substances involved; require the plan to include detailed documentation of the characterization conducted by the applicant to determine the nature and extent of the release, a description of the remediation work plan proposed to complete the remediation, a schedule for implementation, a description of techniques used or proposed, a description of measures to protect human health and safety during remediation, a plan to allow public comment, identification of limits on land use for the site, identification of any petroleum storage tanks on site, and a requirement to update the remediation work plan if new releases are discovered or caused during characterization or remediation;

Section 7 - require the cabinet to review the characterization and corrective action plan and approve or deny the plan within 60 days of receipt of the plan; allow the cabinet to request additional or corrected information; allow the applicant 30 days to comply with the request; allow the applicant to request a final determination within 30 days of receiving the cabinet's request; require the cabinet to notify the applicant and commenters upon approval of a remediation work plan; require the cabinet to deny a plan for failure to provide information; require the cabinet to notify the applicant and commenters if the plan is denied of reasons for the denial; require the cabinet to inform the applicant of the right to appeal the decision; allow 30 days after notice of denial for the applicant to inform the cabinet if a revised plan or remediation work completion report will be submitted;

Section 8 - require the applicant, prior to submitting a remediation work plan, to notify local governments of the remediation work plan, to provide a copy of the plan to a public library in the county affected by the remediation, to submit a notice in a newspaper asking for public comment, and to post a sign on the property stating where and when the plan is available for public review and comment; require a 30 day comment period following publication of the notice; allow any person to request a public hearing; require the cabinet to consider all public comments prior to taking any action;

Section 9 - require a remediation work completion report certifying completion of remediation in compliance with the plan; require the cabinet to review the report; allow the cabinet to conduct its own investigation to verify that remediation is complete; require the cabinet to issue a covenant not to sue the applicant if the cabinet finds no further remediation is required and the applicant has paid the cabinet's expenses for oversight; stipulate that the covenant not to sue shall preclude the cabinet's prosecution of civil or administrative enforcement action against the applicant for civil liability regarding the contamination identified in the remediation work plan; require the covenant to be recorded with the county clerk in the county where the property is located within 30 days of issuance by the cabinet; stipulate that the covenant is not effective until recorded and a certified copy is received by the cabinet and the requirements of the agreement and the remediation work plan are in the deed; stipulate that the covenant shall not apply to other releases not expressly identified in the remediation work plan, the applicant's failure to comply with the provisions of this new range of statutes, the agreed order, the approved corrective action plan, the approved corrective action completion report, the applicant's failure to comply with any required land use restrictions and engineering or institutional controls resulting from the requirements of this new range of statutes, the applicant's exacerbation of the contamination identified in the remediation work plan, criminal liability, claims arising from misrepresentations or intentional omissions of the applicant, liability arising from conditions unknown to the cabinet, and claims arising from changed scientific knowledge;

Section 10 - stipulate actions that constitute final determination by the cabinet that may be appealed;

Section 11 - establish an Environmental Cleanup Standards Science Advisory Board; require the board to assist the cabinet in developing environmental remediation standards; require the cabinet to provide support to the board; require the cabinet to promulgate standards established by the board; require the standards to be used for voluntary cleanups or cleanups ordered by the cabinet; establish U.S. EPA Region 9 Preliminary Remediation Goals to be used by the cabinet to determine if remediation is necessary and as interim cleanup standards until the board environmental cleanup standards are established;

Section 12 - require anyone who proposes a voluntary cleanup or is required to cleanup a hazardous substance and who wishes to obtain the liability protections of this new range of statutes to comply with environmental standards as set out in the section;

Section 13 - require the cabinet to solicit an evaluation of the program and recommendations to improve the program;

Section 14 - require that costs incurred by an applicant in remediating property shall be considered approved costs for the purposes of economic development incentives found in KRS 154.26-010 to 154.26-100 and,

Section 15 - require that costs incurred by an applicant in remediating property shall be considered approved costs for the purposes of economic development incentives found in KRS 154.28-010 to 154.28-100;

Section 16 -  allow remediation of property owned by a governmental agency to qualify as an infrastructure project for the purposes of this chapter; require the Economic Development Finance Authority to review and report to the Interim Joint Committee on Local Government by March 31, 2002, on the practical use of tax increment financing for redevelopment of sites containing environmental contamination.

Amendments to SB 2

SCA 1 - R. Leeper - Delete the requirement that the cabinet use U.S. EPA Region 9 Preliminary Remediation Goals as interim cleanup standards; delete references to KRS Chapter 154 related to economic development programs of the Kentucky Economic Development Finance Authority; and direct that the Office of Financial Management shall assist the Authority in reviewing economic development financing mechanisms.


HB 104 - (committee substitute, see below) Create various sections of Subchapter 1 of KRS Chapter 224 to provide standards, procedures, reporting, notification, and liability protection relating to the voluntary cleanup of contaminated areas;

Section 3 - Empower Natural Resources and Environmental Protection Cabinet to promulgate regulations;

Section 4 - Create Cleanup Scientific Standards Advisory Board;

Section 5 - Identify environmental standards to be used;

Section 6Require compliance with cleanup standards to receive liability protection; provide for required statewide background, site, and health remediation standards;

Section 7 - Specify requirements for meeting background standards;

Section 8 - Provide for statewide health standards and requirements of persons seeking to meet the standards;

Section 9 - Provide for site-specific standards and requirements of persons seeking to meet site-specific standards;

Section 10 - Provide for special industrial site cleanup standards and requirements for remediation;

Section 11 - Clarify that the Act does not prevent the cabinet or persons from responding to emergencies;

Section 12-15 - Provide for limitations of liability for persons complying with cleanup standards;

Section 16 - Provide for conditions under which person shall be required to conduct additional remediation in addition to that provided for;

Section 17 - Specify that the Act does not limit the ability or authority of any person to seek relief arising from other liability with respect to the site;

Section 18-19 - Create the Industrial Land Recycling Fund and the Industrial Sites Cleanup Fund; require reports to LRC;

Section 20 Provide for fees for site cleanup applications;

Section 21 - Require plain language reporting;

Section 22 - Specify that permits and permit revisions are not required if remediation is undertaken entirely on site; provide that cabinet may not waive requirements when compliance is demonstrated;

Section 23 - Provide for change of land use; authorize promulgation of administrative regulations by Department of Agriculture;

Section 25-26 - Create civil and criminal penalties and specify persons to whom they apply;

Section 27 - Provide for reports to LRC;

Section 28-36 - Limit liability protections for owners, lenders, fiduciaries under certain conditions.

Amendments to HB 104

HCS - Delete the original provisions;

Section 1 - Declare the public purpose to establish a voluntary cleanup and redevelopment program for properties suspected to be environmentally contaminated;

Section 2 - Define terms;

Section 3 - Establish criteria to apply to the program;

Section 4 - Require the cabinet to notify the applicant within forty-five days if the application is accepted or not;

Section 5 - Require the applicant and the cabinet to enter into an agreed order setting out the responsibilities of the parties;

Section 6&7 - Require the applicant to submit to the cabinet a site characterization report and a corrective action plan;

Section 8 - Require notice to be given to local government officials and the general public about the corrective action plan;

Section 9 - Require the applicant to file a corrective action completion report; require the cabinet to issue a covenant not to sue if no further remediation is necessary after completion of the corrective action plan; declare exclusions to the covenant not to sue;

Section 10 - Declare what are final actions of the cabinet for purposes of appeals;

Section 11 - Declare that the EPA Region 9 Preliminary Remediation Goals shall be used as screening levels;

Section 12-14 - Set out economic incentives to use the program;

Section 15 - Require the Kentucky Economic Development Finance Authority to review tax increment financing;

Section 16 - Require cabinet to implement sections 1-11 from and after effective date of this act, authorize cabinet to promulgate administrative regulations;

Section 17 - Create a new section of KRS Chapter 224 to establish an Agricultural Warehousing Sites Cleanup Fund to provide financial assistance to cleanup contamination of agricultural warehousing sites.


HB 143 - (passed House with committee substitute, see below) Amend KRS 224.01-040 to delete provision relating to privilege of environmental audit in "any legal action" and in criminal proceedings; delete provisions relating to procedures for, and exceptions to, conditions relating to asserting privilege in criminal proceedings; provide that privilege shall not extend to material made available to a regulatory agency "or any other person" pursuant to Chapter 224 or in any criminal proceeding; delete exemption of audit report disclosure in criminal proceedings; provide that the Natural Resources and Environmental Protection Cabinet shall not seek a civil penalty if a violation is not one resulting in significant economic benefit.

Amendments to HB 143

HCS - Retain the original provisions but declare that the privilege shall not extend to documents required to be made available to the public rather than to "any other person"; prohibit the cabinet from seeking civil penalties if the violation does not give the violator an advantage over its competitors rather than the violation gives an economic benefit to the violator and declare that this prohibition doesn't apply to voluntary disclosures prior to the effective date of the Act.


HB 176 - Create new sections of KRS 224.70 to define "Animal feeding operation", "Animal unit", "CAFO", and "KPDES"; to determine the number of animal units required to be classified as a CAFO; to require owners and operators of CAFOs to be responsible for complying with the conditions of KPDES permits; and to prohibit the Natural Resources and Environmental Protection Cabinet from imposing stricter requirements on CAFOs than imposed by federal law or regulation.
SB 72 - Amend KRS 363.904 to ban the sale and use of motor fuels containing methyl-tertiary butyl ether after September 30, 2001.

Oil & Gas

HB 15 - (amended, see below) Amend KRS 278.502, concerning condemnation for pipelines, by prohibiting natural gas companies from exercising eminent domain in siting of main transmission lines.

Amendments to HB 15

HCS - (reported favorably, 2/27/01) Amend KRS 278.502, dealing with eminent domain, to require some natural gas companies to provide an appraisal and precise description of the subject property; amend KRS 416.570, dealing with eminent domain actions, to require separate petitions against individual parcels of land.

HFA 1 - (filed 2/28/01) Amend to provide that description of property to be condemned must be a "legal", and not a "precise" description.

HFA 2 - (filed 2/28/01) Amend to provide publication of notice describing project, completion time, and map showing affected areas.

HFA 3 - (filed 2/28/01) Amend KRS 278.502 to allow real estate fiduciaries to perform appraisals as part of "good faith effort", require condemnor to pay for appraisal, reasonable attorney fees and court costs.

HFA 4 - (filed 3/1/01) Amend KRS 416.570 to require natural gas transmission companies to bring eminent domain petitions in state court.

HFA 5 - (filed 3/1/01) Amend KRS 416.610 to require court finding that the natural gas pipeline route shall have, the least effect on property value, not be within 300 ft of residence and, cause least danger to persons and property.


HCR 32 - (withdrawn) Direct the Special Subcommittee on Energy to study rising natural gas prices during the winter 2000-2001 heating season; and report to the LRC and the Governor by September 30, 2001.
SB 161 - Amend KRS 278.502, dealing with eminent domain for oil and gas companies to require an appraisal by a certified appraiser, a precise metes and bounds description, and for the plaintiff to pay attorney fees, costs and for an independent appraisal by an appraiser chosen by landowner; amend KRS 416.610 to require a finding by the court that the route chosen is least dangerous and least detrimental to property value.

Solid Waste

HB 2 - Create new sections of subchapter 43 of KRS Chapter 224 to create container recycling program;

Section 2 - establish refund value for containers;

Section 3 - require dealers to sell containers that show a refund value on the label or container;

Section 4 - require redemption centers be operated by county or state; allow private entities and retailers to operate redemption centers;

Section 5 - require state to certify redemption centers;

Section 6 - require redemption centers to reimburse container refund value;

Section 7 - allow redemption centers to refuse to accept certain containers;

Section 8 - require distributors to pay minimum refund value for containers to state; require fast food retail establishments to pay advance disposal fee for fast food packaging to state; establish penalty for distributors and fast food restaurants who fail to pay;

Section 9 - create the Kentuckians Against Trash fund; designate use of fund money;

Section 10 - establish per container handling fees for redemption centers;

Section 11 - create the Container Recycling Authority; establish membership and terms of authority members;

Section 12 - establish a director of the authority and allow staff to be hired;

Section 13 - establish duties of the authority;

Section 14 - establish terms for authority to borrow money;

Section 15 - require audit of fund;

Section 16 - require counties to establish a line item in budgets for fund money received; require counties to report on expenditure of fund money;

Section 17 - establish penalties for violations and make penalties prepayable;

Section 18 - grant Container Recycling Authority the authority to promulgate administrative regulations;

Section 19 - create the adopt-a-highway fund; allow the Department of Transportation to solicit donations for the adopt-a-highway program;

Section 20 - require counties to have a solid waste coordinator; allow counties to share solid waste coordinators; establish duties of solid waste coordinators;

Section 21 - create a toll free phone line for reporting vehicles containing persons who litter and unsecured loads; require defendant to reimburse a witness for expenses upon conviction;

Section 22 - require solid waste coordinators to enforce litter laws in KRS Chapter 438;

Section 23 - allow fines from offense of littering as created in KRS Chapter 438 to be transferred to counties;

Section 24 - Amend KRS 433.753 to require solid waste coordinators to enforce litter laws; require defendant to reimburse a witness for expenses upon conviction;

Section 25 - Amend KRS 433.757 to require solid waste coordinators to enforce litter laws; require defendant to reimburse a witness for expenses upon conviction;

Section 26 - amend definition of universal collection to mean curbside or end-of-driveway collection;

Section 27 - require counties to provide universal collection as amended; establish reporting requirements for county universal collection programs; allow counties to set reduced fees for low-income households; allow counties to be exempted from universal collection if the county has a collection program in place that meets or exceeds 85% collection of municipal solid waste; require Natural Resources and Environmental Protection Cabinet to operate universal collection program if county fails to achieve 85% rate of garbage collection;

Section 28 - allow counties to collect solid waste pick-up fees in advance by placing fee on property tax bill; require appropriate local officials to cooperate in placing solid waste pick-up fees on property tax bills in advance, and to aid in the collection of those fees; provide exemptions from universal collection for vacation property owners;

Section 29 - require Natural Resources and Environmental Protection Cabinet to report on the status of universal collection;

Section 30 - amend KRS 224.10-620 to include the Container Recycling Authority in the group that establishes a program to educate citizens on reducing and managing waste effectively;

Section 31 - amend KRS 224.10-650 to allow the Natural Resources and Environmental Protection Cabinet to redeem beverage containers collected through the source separation and collection program;

Section 32 - amend KRS 224.10-660 to require the Kentucky Recycling and Marketing Assistance Program to advise the Container Recycling Authority as needed in the marketing of recovered beverage containers;

Section 33 - repeal KRS 512.070 to conform; repeal KRS 224.43-315; appropriate three million dollars from the general fund to the Container Recycling Authority;

Section 34 - establish effective date of July 1, 2002, for the container recycling program.


HB 57 - Create a new section of subchapter 43 of KRS Chapter 224 to create the Solid Waste Education and Awareness Program (SWEAP) fund; designate fund moneys as matching funds to be used to educate citizens about solid waste issues, waste reduction, recycling, and litter prevention; require the Natural Resources and Environmental Protection Cabinet to distribute the money to fiscal courts based on county population at the rate of 60 cents per person; set forth criteria the cabinet shall consider when distributing fund money, including a 25% match by the county of which at least 10% shall be matched through dollars; allow the cabinet to retain 2% for administrative costs; set forth reporting requirements for counties receiving fund moneys; amend KRS 224.43-310 to conform; and appropriate $2.5 million from the general fund for fiscal year 2000-2001, and $2.5 million for fiscal year 2001-2002.
SB 56 - (amended, see below) Create new sections of Chapter 176 to create KY-CLEAN, the Kentucky Commonwealth Litter Education Action Network; establish a KY-CLEAN Board in the Transportation Cabinet; provide for staff to KY-Clean Board; assign duties and responsibilities to KY-CLEAN Board and KY-Clean program; provide for county-level litter control and prevention advisory and coordination boards; establish a KY-Clean Fund; create a check-off on Kentucky Individual Income Tax Return forms to designate a portion of refund to the KY-Clean program.

Amendments to SB 56

SCS (passed Senate, 2/12/01) - All provisions of the bill in Chapter 224; KY-CLEAN board and staff except place is placed for administrative purposes in the Natural Resources and Environmental Protection Cabinet; delete original Section 5 and replace with following provisions: provide for review of solid waste management plan; establish criteria for review; provide for identification and identification and support for missing elements in plans; provide approval procedures for litter components of plans; enable creation of county litter control and abatement advisory and coordination councils; require that such councils design strategy for litter control and prevention; provide for annual reports from councils.

SFA 1 (withdrawn, 2/12/01) - Retain original provisions except, provide moneys received by circuit clerk from prepaid littering violation fines and costs be used for litter abatement and control programs and projects.

SFA 2 (passed, 2/12/01) - Retain original provisions except, provide that fines and costs for violation of KRS 433.753, 433.757, and 433.875 be paid to responsible agency for litter control and abatement identified by KY-CLEAN, and that funds be used only for litter control and abatement and clean-up on roads; provide procedures and conditions under which law enforcement officers may issue citation in lieu of arrest for littering, and for prepayment of fines and costs to circuit clerk.


HB 183 - (amended, see below) Create new sections of Subchapter 43 of KRS Chapter 224 to:

Section 2 - establish environmental impact fees and penalties for failure to pay;

Section 3 - create environmental impact fund; provide for distribution of funds based on county roads and population; establish accountability requirements and use of funds;

Section 4&5 - create litter hotline; provide for litter law and fines in lieu of criminal litter statute; provide for reimbursement of witnesses for the prosecution;

Section 6 - amend KRS 431.100 to provide that fines for litter law convictions go to county clerk and county general fund;

Section 7 - amend KRS 433.753 to require solid waste coordinators to enforce litter laws and provide that defendants convicted of littering pay reasonable costs of witnesses for prosecution;

Section 8 - amend KRS 433.757 to require solid waste coordinators to enforce litter statute and provide that witnesses for the prosecution be reimbursed for expenses by defendant upon conviction;

Section 9 - amend KRS 224.01-010 to define "universal collection" to require participation by all generators of municipal solid waste;

Section 10 - amend KRS 224.43-315 to require that all county or waste management district (WMD) plans include implementation plan for universal collection and require that such plans include the plan for weekly door-to-door and end-of-driveway collection; amend KRS 224.43-315 to require annual report on participation by all citizens generating municipal solid waste; amend KRS 224.43-315 to add "waste management districts" to "county" in its provisions; amend 224.43-315 to permit the Commonwealth to withhold endorsement of projects for failure to comply and to permit the Transportation Cabinet to withhold 10% of funds for failure to comply and use the funds for litter abatement; amend 224.43-315 to exempt counties or WMD's from requirements if they have 85% participation rate;

Section 11 - amend 224.43-345 to require inclusion of plan for cleanup of illegal dumps on private property and a description of universal collection program; amend KRS 224.43-345 to permit counties or WMD's to require use of municipal solid waste facility if county/WMD owns facility or facility has been awarded a franchise;

Section 12 - amend KRS 109.059 by adding "municipal" before "solid waste management facility" in its provisions;

Section 13 - amend KRS 109.062 to require participation in universal collection (door-to-door/end-of-driveway);

Section 14 - amend KRS 109.056 to permit 20 cents per $100 of assessed property valuation tax to pay for universal collection, or in lieu of tax, a service charge which may be collected by the county or WMD, or by agreement with utilities, or by private entity providing collection services, or (with approval of fiscal court) by putting the charge on property tax bill; amend KRS 109.056 to provide for procedure for calculating and collecting service charges placed on property tax bills and penalties on property tax bills and for waiving charges for reasonable cause and for low-income households;

Section 15 - amend KRS 109.300 to add waste management districts to resposibilities and authority granted to counties;

Section 16 - amend KRS 109.310 to permit counties and WMD's to assess penalties for failure to pay collection service charge and to collect delinquent service charges by placing them on property tax bill, and provide for the procedures for doing so; provide that a delinquent service charge is not a cause for removal from a collection program;

Section 17 - amend KRS 512.010 to delete definition of "litter";

Section 18 - repeal KRS 109.320 and KRS 512.070.

Amendments to HB 183

HCS - (defeated, 2/23/01) Delete provisions on mandatory collection; collect environmental impact fee from wholesalers rather than restaurants; have Revenue Cabinet collect fee instead of Environment and Natural Resources Cabinet; distribute $2.5 mil to clean illegal dumps, $2.5 mil. to KIA for loans to counties to clean abandoned fills, $1 mil. to environmental education fund, $2.5 mil. to KY-CLEAN, and $2.5 mil. to SWEAP; replace civil penalties with $100 litter citation; do not repeal criminal litter statute; make technical corrections. 


HB 237 - (amended, see below) Section 1 - Create definition for administering agency responsible for universal collection; define "curbside collection service"; amend KRS 224.01-010 to define "universal collection" to require establishment of curbside collection in, and require payment and participation by persons within, the district of administering agency;

Section 2 - amend KRS 224.43-315 to require that all administering agencies plans include implementation plan for universal collection and that cabinet must approve or disapprove in 60 days; such plans to include plan for weekly curbside collection; provide for alternative methods for hardship due to inaccessibility; provide that cleaning up dumps does not provide an exemption; provide for exemption from penalties and time requirements for cleaning open dumps; provide for alternative collection methods; require annual report on participation ; provide for conditions for exemption of cites; permit withholding of endorsement of projects for failure to comply, and provide for Transportation Cabinet to withhold 10% of funds for failure to comply and use withheld funds for litter abatement;

Section 3 - require waste management plans to contain enactment regulations or ordinance regarding open dumps on private property; require plans to contain description of universal collection program;

Section 4 - provide that administering agencies may require use of municipal solid waste facility if county/WMD owns facility or facility has been awarded a franchise;

Section 5 - amend KRS 109.056 to permit $.10 per $100 of assessed property valuation tax to pay for universal collection, or in lieu of tax, a service charge which may be billed for collection by administering agency, or by agreement with other agencies; provide that the charge may be put on property tax bill; amend KRS 109.056 to provide for procedure for calculating and collecting service charges placed on property tax bills;

Section 6 - provide for granting of authority to collect service charges;

Section 7 - provide for procedures and time frames for collection of delinquent service charges; provide for conditions and penalties under which delinquent service charges may be placed on property tax bills; provide that owners of leased property are responsible for delinquent fees; provide that delinquent fees are not cause for removal from program;

Section 8 - create litter violation and establish a civil penalty;

Section 10&11 - provide that defendant pay costs of witnesses;

Section 12 - provide that a county may delegate authority but remains responsible for compliance;

Section 13-18 - make conforming changes.

Amendments to HB 237

HCS - (passed House with HFA (7)(10)(11), 2/23/01) Permit a commercial or industrial entity to petition for an exemption from and the administering agency to grant an exemption from a universal collection system if the commercial or industrial entity is lawfully contracting for the lawful disposition of its municipal solid waste; provide that the cabinet first determines that a county, waste management district or city has eliminated open dumps before the county, city or waste management district is not required to implement a universal collection system; provide for an appeal under the provisions of KRS Chapter 13B for any decision of the cabinet regarding open dumps; include a severability clause; provide that an administering agency may collect solid waste collection charges that delinquent as of January 1, 2003; provide that each administering agency shall implement a universal collection system by January 1, 2003 for all municipal solid waste generated within the city, county or waste management district; make technical corrections; renumber Section 12 to Section 13.

HFA 1 (filed 2/19/01, ruled not germane 2/23/01) - Amend to provide that if a landfill creates detectable odors in a residential area a fine of $1,000 per day may be imposed on the landfill operator.

HFA 2 (filed 2/19/01) - Amend to provide that landfills in counties with cities of the first class may not expand beyond present permitted capacity and size.

HFA 3 (filed 2/19/01, ruled not germane 2/23/01) - Amend to provide that landfills must construct a barrier to the sight.

HFA 4 (filed 2/20/01, defeated 2/23/01) - Delete the original provisions; create a new section of KRS Chapter 438 to establish a $750 fine for littering with the money to be distributed to the agency responsible for issuing the citation and the litter enforcement and abatement accounts of local governments; require counties and urban-counties to establish litter enforcement and abatement programs; amend KRS 224.99-010 to require fines assessed against open dumps to distributed to the agency responsible for issuing the citation and to local litter enforcement and abatement programs.

HFA 5 (filed 2/20/01, rejected 2/23/01) - Make clarifying changes; allow any person rather than just commercial and industrial entities to be excluded from participating in the universal collection system to the extent the person provides proof of having entered into a contract for collection service.

HFA 6 (filed 2/21/01) - Retain original provisions of the bill; delete definition of administering agency and amend the definition of open dumps in KRS 224.01-010; delete references to administering agency in KRS 224.43-315; give waste management districts same authority as counties for solid waste management; permit personal household subscriptions to comprise a portion of curbside service; include technical language to give the Transportation Cabinet the authority to withhold road funds from counties and proscribe use of withheld funds for programs that abate litter; prohibit industrial solid waste generated by a commercial or industrial entity to be subject to universal collection; delete reference to administering agency, give waste management districts the same authority as counties for solid waste management, and make technical corrections in KRS 224.43-345; delete reference to administering agency, give waste management districts the same authority as counties for waste management, and make technical corrections in KRS 109.059; delete reference to administering agency, give waste management districts the same authority as counties for waste management; require counties and waste management districts to refund or give a credit to customers that are overcharged due to extended absences from their household or business in KRS 109.056; make technical corrections and substitute counties and waste management districts for administering agency in KRS 109.300; provide that increases in the property tax bill that are collected for delinquent customers are retained in the county or waste management district in KRS 109.310; provide that disbursement of payment to service providers for delinquent accounts collected by the county or waste management district are remitted no later than thirty days; create a new section of KRS Chapter 109 to proscribe termination of curbside collection for delinquent customers; require that franchise contracts contain stipulation for non-termination of delinquent customers; require non-termination of service to delinquent customers who have personal subscription service; and make conforming section and subsection reference changes in all sections.

HFA 7 (filed 2/21/01, passed 2/23/01) - Provide that counties opting to seek exemption from universal collection requirements and penalties by cleaning up open dumps are not required to clean up open dumps in cities which have universal collection systems.

HFA 8 (filed 2/21/01) - Amend to provide that host agreements shall publicize notification of the availability of the draft agreement; provide that time, place, date of meetings be published; provide that cabinet make host agreements available; provide that contents of public notice include amount of waste proposed for disposal and size of area.

HFA 9 (filed 2/21/01) - Create a new section of KRS Chapter 224.43 to provide for appeal of decisions under the chapter to circuit court in county where property in question is located; create a new section of KRS Chapter 109 to provide for appeal of decisions under the chapter to circuit court in county where the property in question is located.

HFA 10 (filed 2/22/01, passed 2/23/01) - Retain original provisions of the bill; delete definition of administering agency and amend the definition of open dumps in KRS 224.01-010; delete references to administering agency in KRS 224.43-315; give waste management districts same authority as counties for solid waste management; permit personal household subscriptions to comprise a portion of curbside service; include technical language to give the Transportation Cabinet the authority to withhold road funds from counties and proscribe use of withheld funds for programs that abate litter; prohibit industrial solid waste generated by a commercial or industrial entity to be subject to universal collection; delete reference to administering agency, give waste management districts the same authority as counties for solid waste management, and make technical corrections in 224.43-345; delete reference to administering agency, give waste management districts the same authority as counties for waste management, and make technical corrections in KRS 109.059; delete reference to administering agency, give waste management districts the same authority as counties for waste management; require counties and waste management districts to refund or give a credit to customers that are overcharged due to extended absences from their household or business in KRS 109.056; make technical corrections and substitutes counties and waste management districts for administering agency in 109.300; prescribe that increases in the property tax bill that are collected for delinquent customers are retained in the county or waste management district in 109.310; provides that disbursement of payment to service providers for delinquent accounts collected by the county or waste management district are remitted no later than thirty days; create a new section of KRS Chapter 109 to proscribe termination of curbside collection for delinquent customers; require that franchise contracts contain stipulation for non-termination of delinquent customers; require non-termination of service to delinquent customers who have personal subscription service; and make conforming section and subsection reference changes in all sections.

HFA 11 (filed 2/22/01, passed 2/23/01) - Create a new section of KRS Chapter 224.43 to provide for appeal of decisions under the bill to circuit court in county where property in question is located; create a new section of KRS Chapter 109 to provide for appeal of decisions under the bill to circuit court in county where property in question is located.

HFA 12 (filed 2/23/01) - Amend to provide that a county, city, or waste management district is not responsible for cleaning open dumps on private property to receive exemption.


Coal

SCR 24 - (passed Senate, 2/19/01) Request that the Bush administration adopt a balanced national energy policy that does not disfavor the use of coal as a generating fuel and that creates incentives for the use of clean coal technology.


HB 242 - (amended, see below) Create new sections of Subchapter 26 of KRS Chapter 154 to establish the Kentucky Coal Revitalization Act; declare the need to induce revitalization of existing and creation of new coal mining and processing facilities; permit approved companies to participate in a coal revitalization project; authorize the Kentucky Economic Development Authority to enter into an agreement with an approved company and permit the approved company to take a tax credit under KRS 141.040 and a wage assessment; amend KRS 141.310 to allow an employer who withholds a job assessment fee to offset a portion of the fee against the Kentucky income tax; create a new section of KRS Chapter 141 to require an approved company to determine the income tax credit allowed.

Amendments to HB 242

HCS - Retain original provisions; clarify definition of what constitutes an approved company; clarify that the authority may establish additional standards for the approval of eligible companies and their projects by the promulgation of administrative regulations.

HFA 1 - (filed, 2/27/01) Amend to create new sections of KRS Chapter 141 to provide definitions and provide an income tax credit for a qualified company engaged in the severance or processing of coal for the first time after December 31, 2001, that employees at least 10 employees and makes a qualified investment of at least $100,000 but not more the $1 million in qualified costs; provide that a qualified company may require a job assessment fee as a condition of employment not to exceed 6%; provide that the employee receive a tax credit against the state income tax and local occupational tax for the job assessment fee; amend KRS 141.310 and 141.0205 to conform.

HFA 2 - (filed, 2/27/01) Make title amendment.


HB 245 - Create a new section of KRS 350.010 to KRS 350.275 to require the cabinet to review and to approve or deny the transportation impact plan; permit the cabinet to deny, revoke or suspend a permit to strip or steep slope coal mine based on the disapproval of the transportation plan; amend KRS 350.062 to require an applicant for a strip or steep slope permit to mine any mineral except coal to submit a transportation impact plan to the cabinet and to demonstrate that increased truck traffic from the mining operation shall not pose a danger to the safety of passenger traffic on public roads or degrade ambient air quality from fugitive dust or spillage from hauling trucks.


HB 325 - Amend KRS 154.26-010 to include under the definition of an "eligible company" businesses that have coal mining and processing operations in the state that employ 500 people and produce at least 4 million tons of coal in the state, and have operations that are temporarily suspended or severely reduced; amend KRS 154.26-080 to allow eligible companies to request an emergency declaration based upon the urgency of the request which requires agencies' approval and exempts the company from a consulting firm review of the risk of closure as is currently required; declare an emergency.

Amendments to HB 325

HCS - Make technical amendment to remove reference to subsection (12) in subsection (7) of Section 2.