01RS HB183


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HB 183/FN/LM (BR 885) - G. Stumbo, P. Bather, J. Wayne

     AN ACT relating to environmental protection.
     Create new sections of Subchapter 43 of KRS Chapter 224 to establish environmental impact fees and penalties for failure to pay; create environmental impact fund; provide for distribution of funds based on county roads and population; establish accountability requirements and use of funds; create litter hotline; provide for litter law and fines in lieu of criminal litter statute; provide for reimbursement of witnesses for the prosecution; amend KRS 431.100 to provide that fines for litter law convictions go to county clerk and county general fund; 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; 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; amend KRS 224.01-010 to define "universal collection" to require participation by all generators of municipal solid waste; 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; 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; amend KRS 224.43-345 by adding "municipal" before "solid waste management facility" in its provisions; amend KRS 109.062 to require participation in universal collection (door-to-door/end-of-driveway); 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; 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; amend KRS 512.010 to delete definition of "litter"; repeal KRS 109.320 and KRS 512.070.


     HCS/FN/LM - 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.
     HFA (1, M. Treesh) - Provide that act be known as the solid waste disposal container half cents act
     HFA (2, M. Treesh) - Amend to provide that newspaper owners pay $.005 per newspaper sold as an environmental impact fee.
     HFA (3, M. Treesh) - Provide that Act be known as newspaper disposal and editorial writers half cents act.
     HFA (4, T. Riner) - Provide that waste management plans reflect 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; provide that contents of public notice include amount of waste proposed for disposal and size of area
     HFA (5, G. Lindsay) - Retain original provisions, add provision allowing county aggrieved by a decision of the cabinet or other state agency may appeal to the circuit court in the county in which the property is located or if no specific property is in question, the circuit court of the county in which the county seat is located.
     HFA (6, J. Barrows) - Provide that $1 million for Environmental Education Council be deleted from first $5 million collected and funded from first $5 million collected over $30 million; provide that funds provided to counties for road cleanup may be used for other purposes if counties comply with requirements for road cleanup; provide that SWEAP and KY-CLEAN receive $2 million not $2.5 million; provide that counties receive $.48 per person not $.60 for SWEAP.
     HFA (7, R. Webb) - Amend to provide that decisions of the cabinet regarding compliance with administrative regulations of the cabinet may be appealed under KRS 224.10-420(2) and KRS Chapter 13B
     HFA (8, R. Adkins) - Provide that KIA loans may be used to clean up both landfills owned by county and those not owned by county.
     HFA (9, K. Bratcher) - Provide that landfills which cause a detectable odor in residential area be fined $1,000 per day.
     HFA (10, K. Bratcher) - Provide that landfills located in county containing first class city may not expand beyond current capacity or size.
     HFA (11, K. Bratcher) - Provide that landfills must erect a barrier to the sight.

     Feb 6-introduced in House
     Feb 7-to Appropriations and Revenue (H)
     Feb 12-posting waived
     Feb 16-posting withdrawn
     Feb 19-posting waived
     Feb 20-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 21-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 22, 2001; floor amendments (1) (2) and (3) filed to Committee Substitute
     Feb 22-floor amendments (4) and (5) filed to Committee Substitute
     Feb 23-floor amendments (6) (7) (8) (9) (10) and (11) filed to Committee Substitute ; 3rd reading, defeated 41-56 with Committee Substitute and floor amendment (5)

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