HB 408 (BR 1503) - J. Gooch Jr
AN ACT relating to asbestos.
Amend KRS 224.20-300 to transfer administrative control of the Asbestos Emergency Response Act, called AHERA, from the Department of Environmental Protection, Division of Air Quality, to the Environmental and Public Protection Cabinet.
HB 408 - AMENDMENTS
SCS - Retain original provisions of HB 408 and add new section to amend KRS 224.01-526 to provide that a covenant not to sue shall preclude any suit or claim by the commonwealth for prosecution of civil or administrative enforcement action against the applicant for failure to perform remediation under KRS 224.01-400, 224.01-405, any administrative regulations promulgated under these statutes, or the Federal Comprehensive Environmental Response Compensation and Liability Act as amended, 42 U.S.C. sec. 9601 et seq., for injunctive relief, lien assertion, reimbursement of costs, or civil penalties imposed under KRS 224.99-010 for failure to perform remediation under KRS 224.01-400 or 224.01-405 and any administrative regulations promulgated under these statutes; provide the issuance of a covenant not to sue for a brownfield site, as defined in 42 U. S. C. sec. 9601(3(), shall preclude any suit or claim under state law to compel the performance of remediation in excess of that required in the approved corrective action plan; provide that the act shall not limit appeals of final cabinet orders and determinations, actions against the cabinet to compel compliance with the terms of the corrective action plan, or the availability of remedies to persons, other than the cabinet for injury.
SCA (1/Title, R. Leeper) - Make title amendment.
Jan 19-introduced in House
Jan 20-to Natural Resources and Environment (H)
Jan 26-posted in committee
Jan 31-reported favorably, 1st reading, to Calendar
Feb 1-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 2, 2006
Feb 2-3rd reading, passed 97-0
Feb 3-received in Senate
Feb 7-to Agriculture and Natural Resources (S)
Mar 2-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Mar 3-2nd reading, to Rules
Mar 8-posted for passage in the Regular Orders of the Day for Thursday, March 9, 2006
Mar 9-3rd reading, passed 36-0 with Committee Substitute, committee amendment (1-title)
Mar 10-received in House; to Rules (H)
Mar 17-posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) for Monday, March 20, 2006
Mar 23-House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 98-0
Mar 24-enrolled, signed by each presiding officer; delivered to Governor
Apr 4-signed by Governor (Acts ch. 125)