HB 213/LM (BR 331) - R. Adkins, H. Collins, J. Gooch Jr., K. Hall, M. King, J. Richards, K. Sinnette, F. Steele, T. Thompson, B. Yonts
AN ACT relating to the capture and transportation of carbon dioxide.
Create a new section of KRS Chapter 154 to allow transmission pipeline companies to condemn for lands and materials needed to construct, operate, and maintain a carbon dioxide transmission pipelines; require the proceedings be the same as under the Eminent Domain Act of Kentucky; declare that the pipeline is a public use; amend KRS 154.27.010 to include transmission pipeline under the definition of "eligible project" and define "transmission pipeline"; amend KRS 154.27-020 to require a transmission pipeline to have a capital investment of $50,000,000 to qualify for energy independence incentives; and amend KRS 353.500 to include transmission of carbon dioxide for enhanced oil recovery, sequestration, or other carbon management under the jurisdiction of the state for purposes of regulation.
HB 213 - AMENDMENTS
HCS/LM - Retain original provisions of HB 213; remove carbon dioxide pipeline from regulatory authority of the Kentucky Division of Oil and Gas.
SCS/LM - Retain original provisions of HB 213/GA; place carbon dioxide transmission pipelines under the siting authority of the Kentucky State Board on Electric Generation and Siting; require the carbon dioxide pipeline to obtain a siting certificate from the board before it is eligible to use condemnation authority under the Eminent Domain Act; amend the definition of carbon dioxide pipeline so that it does not have to originate from a facility; give the Kentucky Public Service Commission the authority to monitor compliance of interstate carbon dioxide pipelines with federal pipeline safety laws; prescribe the contents of the application including setbacks and public notice to the board for a construction certificate; require the board to act on the application in 90 days; prescribe a method for the board to advise and the applicant to revise the application to obtain approval of the application; define "storage" and amend a definition to require that nuclear power facilities have a plan for the storage of nuclear waste rather than a means for permanent disposal; amend KRS 278.610 to delete the requirement that the Public Service Commission certify the facility as having a means for disposal of high-level nuclear waste; change all references to the disposal of nuclear waste to the storage of nuclear waste; prohibit construction of low-level waste disposal sites in the Commonwealth except as provided in KRS 211.852; require the Public Service Commission to determine whether the construction or operation of a nuclear power facility, including ones constructed by entities regulated under KRS Chapter 96, would create low-level nuclear waste or mixed wastes that would be required to be disposed of in low-level nuclear waste disposal sites in the Commonwealth; repeal KRS 278.605.
SCA (1/Title, T. Jensen) - Make title amendment.
Jan 7-introduced in House
Jan 11-to Natural Resources & Environment (H)
Feb 1-posted in committee
Feb 11-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 12-2nd reading, to Rules
Feb 16-placed in the Orders of the Day
Feb 19-3rd reading, passed 91-5-1 with Committee Substitute
Feb 22-received in Senate
Feb 24-to Judiciary (S)
Mar 22-taken from committee; 1st reading; returned to Judiciary (S)
Mar 23-taken from committee; 2nd reading; returned to Judiciary (S)
Mar 25-reported favorably, to Rules with Committee Substitute, committee amendment (1-title)
Mar 26-posted for passage in the Regular Orders of the Day for Friday, March 26, 2010; 3rd reading, passed 30-8 with Committee Substitute, committee amendment (1-title) ; received in House; to Rules (H)