07RS HB521

HB521

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HB 521 (BR 1260) - B. Smith, R. Adams, T. Couch

     AN ACT relating to underground petroleum storage tanks.
     Amend KRS 224.60-130 to prohibit disallowance of corrective action costs submitted after July 15, 2013, for reimbursement from the petroleum storage account for an eligible site ranked lower in priority that had not received a directive letter; require, in addition to the existing ranking criteria, the cabinet to establish by administrative regulation, a preapproved advanced clean up program that will allow tank operators or owners to pay for corrective action and submit the expenses for reimbursement under the program; establish requirements for the advanced clean-up program including preapproval process for the scope of work and costs; create a $3,000,000 set aside in the financial responsibility account and a $5,000,000 set aside in the petroleum storage tank account for projects selected under this program; allow the cabinet to set a cost-share requirement not to exceed 30% of the total cost and to select projects based on the cost share requirement; provide that expenses incurred by the owner may not be reimbursed by the program until the cabinet issues directive letters for similarly ranked sites; amend KRS 224.60-137 to require the cabinet to rank sites participating in the financial responsibility account higher than and be reimbursed before those sites participating in the petroleum storage tank account; require that sites participating in the program for ten years or more be ranked higher than those in the program less than 10 years; amend KRS 224.60-140 to require the cabinet to develop a cost reimbursement manual that establishes specific unit costs and require the cabinet to reimburse reasonable costs for backfill and impacted pit water; allow reimbursement of reasonable and necessary attorney fees not to exceed $10,000 for a finding pursuant to a proceeding under KRS 224.10-420 of wrongful denial of a claim; amend KRS 224.60-145 to prohibit the suspension of the requirement to deposit taxes collected on fuels into the financial responsibility account and the petroleum storage tank account in an executive branch budget bill and prohibit the transfer of funds contained in either account to the general fund or the road fund; delete the transfer of surplus in the accounts to the general fund after a surplus determination by the state budget director.

     Feb 16-introduced in House
     Feb 21-to Natural Resources & Environment (H)
     Feb 23-posted in committee
     Mar 1-reported favorably, 1st reading, to Calendar
     Mar 2-2nd reading, to Rules
     Mar 7-recommitted to Appropriations & Revenue (H)


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