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HB 246/LM (BR 401) - J. Miller, S. Riggs, K. Bratcher, K. Fleming , P. Moffett

     AN ACT relating to solid waste management and declaring an emergency.
     Amend KRS 109.041 to prohibit a county or waste management district from prohibiting or restricting materials recovery by a city in a county containing a consolidated local government; prohibit the consolidated local government or waste management district from hindering, delaying, impairing, prohibiting, or impeding a city or its contractors from utilizing a solid waste management facility; prohibit a county or waste management district from levying a fee that is based on the composition of the solid waste stream of the city if the waste stream is in conformity with state and federal law for the use of the solid waste management facility receiving the waste; amend KRS 109.115 to provide for the mayoral appointment of a seven-member board of directors of a waste management district for a county containing a consolidated local government and to restrict current appointment language to other counties; establish a two-year term for directors and require appointment of new board; amend KRS 109.120 to require that waste management district rules and regulations in counties containing a consolidated local government be approved by the appropriate legislative body; provide that rules and regulations of a district that were adopted prior to the effective date of this Act shall sunset on August 31, 2017, unless reauthorize by the new board; require that districts make notices, meeting agenda's and minutes available on a Web site operated by the consolidated local government; declare offices of board in county containing a consolidated local government vacant; EMERGENCY.


AMENDMENTS

     HCS1 - Amend Section 3 to add a new subsection (2) to direct the continuation of rules and regulations of the solid waste management district until the later of August 31, 2017, or when the district plan is approved by the department; amend the new subsection (3) to require a city to approve a rule or regulation if rejecting it would cause the city to be in violation of its solid waste management plan; add and amend KRS 224.43-340 to deem municipalities within a consolidated local government as participating in the waste management district unless the municipality opts out by ordinance wherein the municipality is to comply with KRS Chapter 224 and administrative regulations promulgated thereto.
     HFA1( J. Miller ) - Amend subsection (3) of Section 3 of the bill to direct a city within a consolidated local government not to reject a rule or regulation within the solid waste management plan that would cause the city to not be in compliance with federal or state law.
     HFA2( J. Miller ) - Delete the duplicate August 31, 2017 sunset provision found in KRS 109.120, relating to rules and regulations for the solid waste management district.
     SFA1( T. Buford ) - Amend KRS 109.310 to prohibit fees, fines, or liens from being assessed against residential property owners for the failure of the occupants of their property to enter into a contract for the collection of solid waste or to pay solid waste pick-up fees, when the owner of the property does not reside on that property, but rather allow those penalties to be assessed against the occupants of the property.

     Feb 07, 2017 - introduced in House
     Feb 09, 2017 - to Local Government (H)
     Feb 14, 2017 - posted in committee
     Feb 15, 2017 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)
     Feb 16, 2017 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, February 22, 2017; floor amendment (1) filed to Committee Substitute
     Feb 21, 2017 - floor amendment (2) filed to Committee Substitute
     Feb 22, 2017 - 3rd reading, passed 66-29 with Committee Substitute (1) and floor amendment (2)
     Feb 23, 2017 - received in Senate
     Feb 24, 2017 - to State & Local Government (S)
     Mar 06, 2017 - taken from State & Local Government (S); 1st reading; returned to State & Local Government (S)
     Mar 07, 2017 - taken from State & Local Government (S); 2nd reading; returned to State & Local Government (S)
     Mar 08, 2017 - reported favorably, to Rules; floor amendment (1) filed
     Mar 14, 2017 - posted for passage in the Regular Orders of the Day for Tuesday, March 14, 2017; passed over and retained in the Orders of the Day
     Mar 15, 2017 - 3rd reading, passed 23-15 with floor amendment (1); received in House; to Rules (H); posted for passage for concurrence in Senate floor amendment (1); House concurred in Senate floor amendment (1); Bill passed 60-30; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
     Mar 21, 2017 - signed by Governor (Acts, ch. 105)