2022 Legislative Update: #1

H. Ag = House Agriculture
H. A&R = House Appropriations and Revenue Committee
H. B&I = House Banking and Insurance Committee
H. CC = House Committee On Committees – this is the “first stop” for all new bills, from which the bills are assigned to a committee for consideration.
H. Eco Dev = House Economic Development & Workforce Investment Committee
H. Ed = House Education Committee
H. Elections= House Elections, Constitutional Amendments and Intergovernmental Affairs Committee
H. H&FS = House Health and Family Services Committee
H. Judiciary = House Judiciary Committee
H. L&O = House Licensing, Occupations And Adm. Regulations Committee
H. Local Govt = House Local Government Committee
H. Nat Res Energy = House Natural Resources and Energy Committee
H. Rules = House Rules Committee
H. Sm Bus = House Small Business and Information Technology Committee
H. State Govt = House State Government Committee
H. Tourism = House Tourism and Outdoor Recreation Committee
H. Transp = House Transportation Committee
H. Veterans= House Veterans, Military Affairs and Public Protection Committee
S. Ag = Senate Agriculture Committee S. A&R = Senate Appropriations and Revenue
S. B&I = Senate Banking and Insurance Committee
S. C on C = Senate Committee on Committees
S. Eco Dev = Senate Economic Development, Tourism and Labor Committee
S. Ed = Senate Education Committee
S. H&W = Senate Health and Welfare Committee
S. Judiciary = Senate Judiciary Committee
S. L&O = Senate Licensing and Occupations Committee
S. NR Energy = Senate Natural Resources and Energy Committee
S. Rules = Senate Rules Committee
S. State Local Govt = Senate State and Local Government Committee
S. Transp = Senate Transportation
S. Veterans = Senate Veterans, Military Affairs, and Public Protection Committee

 

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BILLS AND RESOLUTIONS FOR WHICH KRC HAS TAKEN A POSITION

House Bills HB 45 (Bowling, Johnson, Westrom)(H. NR Energy)(+) Would modify and include new definitions regarding the processing waste plastics in order to recycle chemicals and monomers in the plastics, sometimes referred to as “advanced” or “chemical” recycling. While the concept of recycling plastics through the decomplexing of polymers has attracted criticism and the economics of such processing through pyrolysis, gasification, depolymerization, and other processes has not been demonstrated on a commercial scale, KRC believes that adequate controls are in place to assure that those facilities engaged in the processing of waste plastics will remain as regulated “solid waste sites and facilities” and that, with only some 20% of post-consumer plastics being recovered through physical recycling (with the remainder being landfilled, incinerated, or dumped into the environment) that the legal framework for regulating waste management and use of recycled feedstock should remain open to increasing the diversion of post-consumer plastics to new uses with the resulting decrease in virgin plastic production that such use would allow.

 

HB 77 (Bratcher)(H. Rules) (+) Repeal and reenactment with amendments of Kentucky’s Radon Safety program, including revisions in board membership, and increase in cap on fines to $1,000 per occurrence.

 

HB 108 (Donohue)(+, needs significant revision) Would authorize the Kentucky Energy and Environment Cabinet to implement a program that internalizes the cost of packaging wastes, to set waste reduction targets and minimum recyclable content standards under an extended producer responsibility designation made by the cabinet, to impose producer responsibility fees to pay for the disposal, recycling, or additional treatment of packaging wastes contributed to the solid waste stream by the producer; emphasize plastic wastes; prioritizing the top ten packaging wastes as under an extended producer responsibility designation; and make other conforming changes. The concept of producer responsibility is a sound one, but framework is problematic.

 

HB 165 (Tackett Laferty)(+) Would remove the requirement that an affected employee previously diagnosed with occupational pneumoconiosis resulting from exposure to coal dust must have an additional two years of employment in the Commonwealth wherein the employee was continuously exposed to the hazards of the disease in order to reopen a claim.

 

HB 166 (Tackett Laferty)(+) Would eliminate the requirement that physicians contracting with the commissioner of the Department of Workers' Claims to perform evaluations in occupational disease claims be "B" readers who are licensed in Kentucky and are board-certified pulmonary specialists.

 

HB 189 (Marzian)(H. CC)(+, needs revisions) Would prohibit the intentional release of more than 25 plastic balloons and phase-in bans on plastic, single-use carryout bags by July 1, 2027 and single-use plastic straws and Styrofoam food and beverage containers by retail food and beverage establishments. The bill imposes penalties in KRS Chapter 224, and while it does not require compliance inspections by the Energy and Environment Cabinet, it is presumed that the agency would enforce the law. It would make more sense for an agency that is already inspecting these establishments on a regular basis to do compliance monitoring and enforcement.

 

HB 195 (Johnson)(H. Rules)(+) Would create a notification requirement for communities with planning and zoning regarding developments within 660 feet of natural gas transmission pipelines; require a notified pipeline operator to provide pipeline location information to the developer; and require the developer to include language on the final plat filed with the planning commission stating that the developer has utilized reasonable means to notify the pipeline operator and verify the pipeline location. Recommendations largely track those of the consensus group advising the Pipeline and Hazardous Materials Safety Administration. KRC has requested that the sponsor consider broadening the application to include “hazardous liquids pipelines” as well, and that is under discussion with stakeholders and the sponsor.

 

HB 222 (Kulkarni, Nemes)(+) Would protect freedom of expression against strategic lawsuits against public participation (SLAPP suits) by establishing procedures for dismissing legal actions filed in response to a party's exercise of free speech, right to petition, or right to association; allow for an immediate appeal as a matter of right; allow for costs to be awarded to the moving party if dismissal is granted; allow for costs to be awarded to responding party if the motion was found to be frivolous or filed with the intent to delay.

 

HB 235 (Kulkarni and Scott)(+) Would establish a Healthy Soils Program and a Healthy Soils Program fund in the Department for Natural Resources, Division of Conservation to provide technical advice and assistance and to assist with soil health assessments and soil health plans; approve applications for grants and other types of financial assistance under the Healthy Soils Program; and require Agriculture Water Quality Authority to promote soil restoration and include an organic agriculture organization among appointments to the authority and add healthy soil practices as a committee and add restoration, biological diversity, watershed health, and healthy soil practices to the purpose of soil and water conservation districts. Bill is too prescriptive in terms of qualifications of Division Director.

 

HB 295 (Willner)(+) “Bottle bill” legislation would establish the framework for a beverage container refundable deposit fee program with beverage containers sold or offered for sale in the Commonwealth to have minimum refundable values of 10 cents; and would direct the Energy and Environment Cabinet to submit a study of the feasibility of implementing a minimum recycled content requirement for certain single-use plastic products. KRC has long supported bottle bill legislation, remembering the words of the Estill County high-schooler who testified to the House Committee that in his years he’d seen plenty of cans and bottles thrown out of cars and trucks along the road but had never seen anyone tossing “nickels and dimes.”

House Resolutions

HJR 4 (Lockett and others)(-) Would apply to Congress under the provisions of Article V of the Constitution of the United States for the calling of a convention of the states limited to proposing amendments to the Constitution of the United States that impose fiscal restraint on the federal government, limit the powers and jurisdiction of the federal government, and limit the terms of office for its officials and members of Congress. Constitutional scholars largely believe that the scope of such a convention would not be limited to enumerated issues but could become a vehicle for wide-ranging damage to personal liberties and constitutional protections. And there are already constraints on the terms of office of elected officials and members of Congress, which are called “elections.” Also found at HJR 17 (Lawrence, Lockett). HR 34 (Scott, Kulkarni, Stevenson)(+) Simple resolution honoring the life and legacy of Dr. Martin Luther King, Jr.

 

HR 38 (Tackett Laferty)(+) Simple resolution honoring Eula Hall and recommending that consideration be given to placing her statue in the Capitol Rotunda.

 

HR 39 (Stevenson, Scott) Simple resolution would recognize the last day of February, the day connecting Black and Women's History Months, as a day to honor Black women.

 

HJR 42 (Upchurch and others)(H. CC)(+) Would grant the family of the last remaining World War II veteran in Kentucky, upon his or her passing, the option of the veteran to lie in state in the Capitol Rotunda and receive a funeral with full military honors.

 

SB 28 (Girdler, Hornback, Adams, Meredith, Parrett)(S. NR Energy)(-) Would allow a utility to grant free or reduced rate service to any commercial food production operation that produces food items intended for human consumption, subject to the Public Service Commission approval of the tariff. KRC is concerned that allowing an exemption or preferential rate for one subclass of customers will shift those costs to other ratepayers, since the costs will have to be paid.

 

SB 35 (Alvarado)(Under review) Would revise current law regarding safe boating certification to require boater to carry card, and provide that in addition to other penalties, a boater shall be required to complete a safe boating certification course for violation of safe boating certification requirements; allow for both monetary and imprisonment penalties to apply for offenses relating to reckless or negligent boating or boating under the influence.

 

SB 41 (Harper Angel)(S. NR Energy)(+) Would prohibit the intentional release of more than 25 plastic balloons and establish phased-in bans on plastic, single-use carryout bags and on provision of single-use plastic straws and Styrofoam food and beverage containers by retail food and beverage establishments. The bill imposes penalties in KRS Chapter 224, and while it does not require compliance inspections by the Energy and Environment Cabinet, it is presumed that the agency would enforce the law. It would make more sense for an agency that is already inspecting these establishments on a regular basis to do compliance monitoring and enforcement.

 

SB 52 (Hornback)(S. A&R)(Under review) Would require a $100 per acre state conversion charge on land which has been converted from agricultural or horticultural to any other use and require the charge to be deposited into the agricultural enhancement fund.

 

SB 69 (Hornback)(S. NR Energy)(+) Would make several amendments to the Kentucky Electric Generation and Transmission Siting Board in order to address siting of merchant (non-utility) solar and other electric generating facilities. KRC has been negotiating with other stakeholders and has been assisting the sponsor with several recommended amendments to the bill. Among the provisions of the “current” are bill are amending the threshold for what constitutes a merchant power plant to include facilities that occupy in aggregate 10 acres or more of land; change the definition of "commence to construct" so that site clearing and excavation work satisfy the commence to construct requirements; establishing setback requirements for solar merchant electric generating facilities of 50 feet from the property boundary of any nonparticipating adjoining property and 100 feet from a residence on any other property than the one on which the facility is to be located unless waived in writing; provide exceptions; require that before exercising an option to acquire any interest in real estate in a county that a merchant electric generating entity notify the heads of local government entities of jurisdiction; allow the local officials or the commission to request a public hearing on the proposed merchant electric generating project; require ongoing notification of changes to the project from the merchant electric generating entities to local officials; remove outdated language; require the site assessment report submitted by a person proposing to construct a merchant electric generating facility to include a decommissioning plan to explain in detail how the facility and its components will be removed at the end of their useful lives; require the decommissioning plan to be reviewed as needed, but at least once every 5 years; establish minimum requirements for the decommissioning plan; amend KRS 278.710 to require the application for the construction certificate of a merchant utility generating facility to be denied until the applicant can provide documentation of compliance with all local planning and zoning requirements that existed on the date that the application was filed; include whether the proposed decommissioning plan is in the public interest as a criterion for application approval; authorize the merchant utility siting board to require the decommissioning plan to be amended to ensure that it is in the public interest; provide that the construction certificate holder and any of its successors in interest shall be required to comply on an ongoing basis with all conditions of its application approval, subject to enforcement in Franklin Circuit Court; require that prior to the commencement of construction, the holder of a construction certificate for a merchant electric generating facility shall furnish bond or other similar security to assure the decommissioning of the facility at the end of its useful life; establish the procedure for setting the bond amount; provide for review of the bond amount as needed but at least once every 5 years; provide which entities will be named as beneficiaries of the bond depending on the circumstances; require that the bond be forfeited unless the person responsible for completing the decommissioning plan begins work on the plan within 12 months of the date that the facility ceases to produce electricity for sale and completes the work within 18 months of that date; require that any forfeited bond amounts only be used to decommission facilities on the properties for which the bond was posted; require prior authorization for any transfer of control of a merchant electric generating facility; define "control" and the circumstances under which control will be considered to be transferred and the conditions for approval; require a decision to be made on the approval of the transfer of control within 90 days of the application, except that an additional 60 days may be taken for good cause shown; require that notice of an application for approval of transfer of control of a merchant electric generating facility be given to local government officials for where the facility is located; provide that the requirements of the Act shall apply to all new and current applicants for construction certificates for merchant electric generating facilities whose applications have not been approved prior to the effective date of the Act.

 

SB 78 (McDaniel)(S. Veterans)(+) Would require the Department for Facilities and Support Services within the Finance and Administration Cabinet to place a statue of United States Navy diver and Kentucky native Carl Brashear in the Capitol Rotunda.

 

SB 89 (Southworth and others)(S. NR Energy)(Under review) Would modify laws governing the Kentucky River Authority to change membership including removing Energy and Environment Cabinet employee from membership.

 

Senate Resolutions
SJR 24 (Meredith)(S. Judiciary)(-) Joint resolution applying for an Article V convention to propose an amendment to the Constitution of the United States to set a limit on the number of terms of office for members of Congress. Constitutional scholars largely believe that the scope of such a convention would not be limited to enumerated issues but could become a vehicle for wide-ranging damage to personal liberties and constitutional protections. And there are already constraints on the terms of office of elected officials and members of Congress, which are called “elections.”

 

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BILLS AND RESOLUTIONS FOR WHICH KRC HAS TAKEN NO POSITION