2023 Legislative Update #1

The 2023 General Assembly has begun and we at the Kentucky Resources Council are once again tracking environmental, conservation, consumer, energy, and general government bills and resolutions. We will publish this notice on our website weekly throughout the Session with updates on the bills we are supporting, opposing, or tracking. This summary is complete through end of legislative day 4, January 6, 2023. There are 26 legislative days remaining in the 2023 Regular Session.

This year is a “short” 30-legislative day session and began on January 3, 2023, with an anticipated final day on March 30, 2023. The General Assembly has recessed until February 7, and will not be in session on February 13, 20, 27 and March 6^th.  March 15 and 16 are set aside as “concurrence” days, and there is a “veto” recess from March 17 through 28^th before the General Assembly reconvenes on March 29 and 30^th to consider any vetoes of bills and to finish work on bills and resolutions prior to adjournment sine die.

STAY INFORMED DURING THE 2023 GENERAL ASSEMBLY 
Find copies of bills, votes, and more information at 
https://apps.legislature.ky.gov/record/23rs/record.html
To find out bill status by phone, call 1-866-840-2835.

Find your legislator at 
https://apps.legislature.ky.gov/findyourlegislator/findyourlegislator.html
 
Leave a message for a legislator on the message line
Call 1-800-372-7181 to leave a message for a legislator or an entire committee.
En Espanol, el nombre es 1-866-840-6574.

The schedule of the committees during the 2023 session is found here:
https://legislature.ky.gov/Documents/Current_Standing_Schedule.pdf

Note that there is a daily schedule published on the preceding day, which may alter the standing committee schedule to cancel a meeting, or to propose a special meeting.  That daily schedule is found here: https://apps.legislature.ky.gov/legislativecalendar

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.
 
We have formatted this update to highlight in the first section, those bills on which KRC has taken a position.

• Where KRC has taken a position concerning a bill it is indicated with a plus (+) or minus (-).
• The primary bill sponsor is then listed, followed by its current status of the bill (noted by Committee or chamber).
• If there is no indication of assignment to a committee, the bill has not yet been assigned and remains in the Committee on Committees, where introduced bills and resolutions are initially sent.

BILLS AND RESOLUTIONS FOR WHICH KRC HAS TAKEN A POSITION
 

House Bills
HB 40 (Lewis, Hale)(H. CC)(-)
What would a legislative session be without a bill proposing changes in the administrative regulation process to address regulations found by an interim legislative committee to be “deficient?”  Bill in plain conflict with the separation of powers doctrine under Sections 27 and 28 of the Kentucky Constitution, would nullify any regulation found deficient by a legislative committee unless the agency appealed that finding to the Attorney General’s office within 10 days and the AGs office overruled the finding.

In addition to the unconstitutionality of granting interim legislative committees veto power over a regulation, the bill is a solution in search of a problem. The number of regulations found deficient and put into effect by the Governor under current law notwithstanding a finding of deficiency by a legislative committee is negligible on an annual basis, and in many years, there are none. Any effort by the General Assembly to cause an automatic nullification of a regulation during the legislative interim, whether directly or by referral to the Attorney General, as in this case, would run afoul of the LRC v. Brown decision.  The General Assembly can make findings of deficiency and can act on those findings during the next legislative session, but it cannot delegate to a committee or in this case to another constitutional officer, the power to nullify a regulation.

HB 66 (Willner)(H. CC)(+)
Would regulate disconnection of electric and gas service by PSC-regulated utilities, including creating winter and summer temperature standards to prohibit disconnection of service by retail electric and gas utilities; establish a certificate of need for persons who are at risk if utility service is disconnected; prohibiting disconnection of service on holidays and weekends and before 8 a.m. and after 5 p.m. on weekdays; allowing for reconnection of service for partial payment with a payment plan; waiving fees for customers having obtained a certificate of need; require utility to make reasonable effort towards reestablishing service for a customer terminated after having obtained a certificate of need, and making other reforms.

HB 94 (Kulkarni)(H. CC)(+)
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; require the 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.

HB 96 (Kulkarni)(H. CC)(+)
Would establish the Kentucky Urban Farming Youth Initiative to promote farming to youth in urban counties in urban University of Kentucky Cooperative Extension Service offices.

HB 140 (Raymond)(H. CC)(+)
Proposed constitutional amendment to establish a right of the people to have a healthy environment, including a right to clean air, pure water, and ecologically healthy habitats; declare the Commonwealth's natural resources, among them its air, water, flora, fauna, climate, and public lands, are the common property of all people, including generations yet to come; establish that as trustee of the environment and its natural resources, the Commonwealth shall conserve and maintain them for the benefit of all people.

House Resolutions
HJR 8 (Lawrence)(H. CC)(-)
Joint resolution would apply to Congress under 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 limit the terms of office for its officials and 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.”

Senate Bills
None as of this week on which KRC has taken a position.

Senate Resolutions
None as of this week on which KRC has taken a position.

OTHER BILLS & RESOLUTIONS OF NOTE

The Council has listed below a number of bills on which we have taken no position, but which we believe are of public interest or concern, and which affect one or more facets of justice, personal freedom, and social responsibility. They are presented for your consideration.

Read the bills and resolutions of note by clicking here.