HB 717 (BR 160) - R. Adkins, R. Webb, M. Denham, T. Edmonds, J. Gooch Jr., K. Hall
AN ACT relating to stream restoration and mitigation.
Create new sections of KRS Chapter 151 to define "fees-in-lieu," hydrologic unit code," "mitigation organization," "mitigation," "restoration," "riparian," "Section 404 permit," "watershed," "USACE" and "2020 water management planning council"; require restoration and mitigation planning to be on a watershed basis; grant permissive authority for the creation of seven-member Stream Restoration and Mitigation Authorities for each watershed in the Commonwealth; specify the function and powers of the Stream Restoration and Mitigation Authorities; allow 2020 water management planning councils to contact water service coordinators to request assistance with establishing authorities and nominate members; require members of the authority to serve ex officio on 2020 water management planning councils; attach the authorities to the Department for Natural Resources; vest authorities with public stewardship responsibility over the watershed's water resources and riparian environments; require authorities to petition to enter into contracts to become mitigation organizations; empower authorities to coordinate with area utilities, governments, universities, and special districts; identify the authority's responsibilities as prioritizing work in the watershed, coordinating planning projects, constructing databases, and conducting pilots; require a report to the Legislative Research Commission on October 31 of each year; authorize authorities to conduct certain restoration and mitigation pilot projects; amend KRS 151.110 to provide that restoration and mitigation is of vital importance in the Commonwealth; require local communities to develop stream restoration and mitigation plans along with water supply plans on a watershed basis; require the cabinet to promote mitigation and restoration, offer technical assistance including monitoring, and coordinate with Stream Restoration and Mitigation Authorities to promote and implement projects on a watershed basis.
HB 717 - AMENDMENTS
HCS - Retain original provisions of HB 717; amend definition name for "fees-in-lieu" to "404 In-lieu fee program", "mitigation" to "compensatory mitigation" and "hydrologic unit code" to HUC 10 watershed"; clarify that "mitigation organization" is an organization approved by the U.S. Army Corps. of Engineers; add definitions for "Section 401 certification", "stream restoration and mitigation," and "mitigation review team"; add stormwater runoff and wastewater to stated policies of the Commonwealth for conserving and protecting aquatic resources; require stream restoration and mitigation authorities be established for HUC 10 rather than HUC 11 watersheds; qualify employment of personnel as fiscal resources allow; add 404 In-lieu fee program monies to the list of funds that the authority may receive and delete permissive contributions from local political subdivisions; prohibit authorities from having the power of eminent domain; place the authority in an advisory role vis a vis the mitigation review team and the division of water; allow the authority to expend funds for remediation of preexisting sources of pollution if approved by USACE; expand the members of the authority from 5 to 13 to include representatives from local governments, organizations representing aquatic interests; agriculture, and business and industry; stagger the initial terms for the new members; delete the authority's attachment to the Department for Natural Resources; allow the authority to make recommendations on projects to the mitigation review team, undertake stream restoration and mitigation projects, establish technical advisory committees, review and comment on plans, conduct education programs, prepare a 6-year work plan, and conduct restoration and mitigation in compliance with a state, federal, and local laws; delete authority to set total maximum daily loads, construct databases, and identify point source emitters; delete reference to surface mining states in the mining pilot projects; add siviculture to the type of agricultural pilot projects that can be undertaken; delete all amendments to KRS 151.110; and make grammatical and technical corrections; and renumber subsections to conform.
SCS - Retain original provisions of HB 717/GA; add member to the authority for an organization that conducts stream restoration; clarify that the work plan does not amend federally mandated 208 water quality plans; and delete the Stream and Restoration Authority's ability to identify point source discharges.
Mar 3-introduced in House
Mar 4-to Natural Resources & Environment (H)
Mar 5-posted in committee
Mar 20-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 21-2nd reading, to Rules; taken from Rules; placed in the Orders of the Day
Mar 24-3rd reading, passed 99-0 with Committee Substitute
Mar 25-received in Senate
Mar 26-to Agriculture & Natural Resources (S); taken from committee Agriculture & Natural Resources (S); 1st reading; returned to Agriculture & Natural Resources (S)
Mar 27-reported favorably, 2nd reading, to Rules with Committee Substitute as a Consent Bill
Apr 1-posted for passage in the Consent Orders of the Day for Tuesday, April 1, 2008; 3rd reading, passed 36-1 with Committee Substitute
Apr 2-received in House; to Rules (H); taken from Rules; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 95-0; enrolled, signed by each presiding officer; delivered to Governor
Apr 14-signed by Governor (Acts Ch. 97)