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HB595

10RS

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HB 595 (BR 375) - M. Cherry

     AN ACT relating to the Kentucky Emergency Response Commission.
     Amend KRS 39E.010 to authorize the Kentucky Emergency Response Commission to appoint technical advisory boards for all hazards-related preparation, response, and recovery; create a new section of KRS Chapter 39E to direct the Kentucky Emergency Response Commission to create a cost-recovery program.

HB 595 - AMENDMENTS


     HCS - Retain original provisions of bill except remove the Kentucky Emergency Response Commission's authority to appoint technical advisory boards for all hazards-related preparation, response, and recovery.

     SCS - Retain original provisions of bill; amend KRS 216B.015 to define "medical foster home"; amend KRS 216B.020 to exempt medical foster homes from certificate of need requirements; amend various sections of KRS 367.4903 to 367.4917 to update definitions and provisions; define "critical service," "critical service provider," "nonintrusive excavation," "one-call center," and "commission"; require critical service providers and operators not providing a critical service to comply with new provisions no later than December 1, 2012; provide for Public Service Commission determination of terms for exemption for noncompliance; provide for waiver of any operator's right to recover damages to an underground facility, loss of product or service, or damages from excavation as a result of failing to comply with requirements; require that all newly established underground facilities installed after January 1, 2011, shall be installed to include a means to accurately identify and locate underground facilities from the surface, not including the repair of existing underground facilities; provide for excavators to contact the one-call center as satisfactory for notification of planned excavation or demolition work no more than ten business days prior to commencing work; require that each excavator who conducts or is responsible for any excavation or demolition that results in underground facility damage notify the one-call center of the location and nature of the underground facility damage; require each protection notification center to provide promptly to each of its affected operator members the excavator information required by KRS 367.4911(2) after receiving an excavation or demolition work notification from an excavator; provide for a seven-member elected board of directors composed of member operators to govern the one-call center; require that a minimum of one representative from natural gas distribution, electric distribution, water, sewer, or sanitation, gas or petroleum transmission pipelines, telephone, cable, and municipal or government sectors be elected to the board; provide for the one-call board to establish the method to calculate the cost of each locate request transmitted to member operators; prohibit the board from establishing rates or other charges that require payments from any member operator who receives fewer than 100 telephone calls in the calendar year; provide for Kentucky Underground Protection, Inc., which operates the one-call center, to provide service to all Kentucky counties; provide that the requirements of KRS 367.4905 to 367.4917 shall not apply to excavation by hand probing to determine the extent of leak migration or any hand digging performed by an operator to locate the operator's underground utility lines in response to a notice of excavation from the notification center if all reasonable precaution has been taken to protect the underground utility lines.

     SCA (1/Title, E. Tori) - Make title amendment.

     SFA (1/Title, G. Tapp) - Make title amendment.

     SFA (2, G. Tapp) - Retain original provisions of bill; amend KRS 39G.010 to set experience, qualification standards, and job duties for the position of Kentucky Office of Homeland Security Executive Director.

     SFA (3, E. Tori) - Retain original provisions of bill; amend various sections of KRS 367.4903 to 367.4917 to update definitions and provisions; define "critical service," "critical service provider," "nonintrusive excavation," "one-call center," and "commission"; require critical service providers and operators not providing a critical service to comply with new provisions no later than December 1, 2012; provide for Public Service Commission determination of terms for exemption for noncompliance; provide for waiver of any operator's right to recover damages to an underground facility, loss of product or service, or damages from excavation as a result of failing to comply with requirements; require that all newly established underground facilities installed after January 1, 2011, shall be installed to include a means to accurately identify and locate underground facilities from the surface, not including the repair of existing underground facilities; provide for excavators to contact the one-call center as satisfactory for notification of planned excavation or demolition work no more than 10 business days prior to commencing work; require that each excavator who conducts or is responsible for any excavation or demolition that results in underground facility damage notify the one-call center of the location and nature of the underground facility damage; require each protection notification center to provide promptly to each of its affected operator members the excavator information required by KRS 367.4911(2) after receiving an excavation or demolition work notification from an excavator; provide for a seven-member elected board of directors composed of member operators to govern the one-call center; require that a minimum of one representative from natural gas distribution, electric distribution, water, sewer, or sanitation, gas or petroleum transmission pipelines, telephone, cable, and municipal or government sectors be elected to the board; provide for the one-call board to establish the method to calculate the cost of each locate request transmitted to member operators; prohibit the board from establishing rates or other charges that require payments from any member operator who receives fewer than 100 telephone calls in the calendar year; provide for Kentucky Underground Protection, Inc., which operates the one-call center, to provide service to all Kentucky counties; provide that the requirements of KRS 367.4905 to 367.4917 shall not apply to excavation by hand probing to determine the extent of leak migration or any hand digging performed by an operator to locate the operator's underground utility lines in response to a notice of excavation from the notification center if all reasonable precaution has been taken to protect the underground utility lines.

     Mar 2-introduced in House
     Mar 4-to State Government (H)
     Mar 8-reassigned to Military Affairs & Public Safety (H); posted in committee
     Mar 10-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Mar 11-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Monday, March 15, 2010
     Mar 15-3rd reading, passed 96-0 with Committee Substitute
     Mar 16-received in Senate
     Mar 17-to Veterans, Military Affairs, & Public Protection (S)
     Mar 24-reported favorably, 1st reading, to Consent Calendar; floor amendments (1-title) (2) and (3) filed
     Mar 25-2nd reading, to Rules; recommitted to Veterans, Military Affairs, & Public Protection (S)
     Mar 26-reported favorably, to Rules with Committee Substitute, committee amendment (1-title) ; posted for passage in the Regular Orders of the Day for Friday, March 26, 2010; 3rd reading; floor amendments (1-title) (2) and (3) withdrawn ; passed 37-1 with Committee Substitute, committee amendment (1-title) ; received in House; to Rules (H)
     Apr 1-taken from committee; posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) for Thursday, April 1, 2010; House refused to concur in Senate Committee Substitute, committee amendment (1-title) ; received in Senate

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