HB 174/FN/LM (BR 175) - G. Stumbo, C. Hoffman, J. Barrows, P. Bather, J. Crenshaw, H. Moberly, R. Webb, R. Wilkey
AN ACT relating to environmental protection.
Create new sections of Subchapter 43 of KRS Chapter 224 to create definitions; provide for ($0.005) environmental impact fee to be paid by distributors on each container sold or distributed in Kentucky, provide for a ($0.005) environmental impact fee to be paid on each beverage cup sold or provided by a fast food retail establishment or by a retail establishment; provide for a $1 per ton tipping fee to be paid by landfill operators; provide for collection by Revenue Cabinet; create Kentucky pride fund using environmental impact fees and tipping fees; provide that $3.5 million annually to go to Kentucky Infrastructure Authority for debt service on bonds, the proceeds to fund grants for cleanup and closure of abandoned landfills; provide for $7.5 million to go to counties as grants to clean up illegal dumps, not to include hazardous waste; provide for $1.5 million to go to Environmental Education Council; provide for balance of funds to go to counties and cities for cleanup of roads; provide for employment of county solid waste coordinators to be hired and to have responsibility for litter law enforcement as a condition of receiving funds; require counties to have line items in budgets for funds received; provide for state and federal road cleanups three times per year and county roads two times per year; provide for city road cleanups two times per year; provide that cabinet may petition court to permit it to intervene in solid waste management of districts which do not achieve 85% participation rate in solid waste collection by June 30, 2007; provide for the cabinet to promulgate regulations; amend KRS 109.310 to provide that delinquent service charges and late charges may be collected through real property tax bill; create new section of Chapter 438 to provide for $100 litter citation and provide for 60% of fines to go to county and 40% to go to agency issuing citation; amend 433.753 and 433.757 to require that county solid waste coordinators enforce litter law.
HB 174 - AMENDMENTS
HCS/FN/LM - Amend KRS 224.43-010 to express that it is the policy of the Commonwealth to reduce the amount of waste generated and increase recycling, close open dumps and prevent new ones; close abandoned landfills, identify the amount of solid waste generated per capita, and provide incentives for the cleanup of open dumps; create new section of Chapter 224 to define "environmental impact fee", "tipping fee", and other necessary definitions such as "beverage", "beverage cup", "container", "fast food retailer", and related definitions; create new section of Subchapter 43 of KRS Chapter 224 to establish an environmental impact fee of one-half cent on containers, an environmental impact fee of one-half cent on disposable beverage cups used by fast food retailers and by other retailers that provide disposable cups to customers to use for the consumption of beverages off the premises of the retailer, a $1.00 tipping fee per ton of municipal solid waste; provide that the impact and tipping fees be collected by the Revenue Cabinet for transfer to Kentucky Pride Fund; provide for the creation of the Kentucky Pride Fund; provide for $9,000,000 (less up to $50,000 to reimburse Revenue and an undetermined amount to cover the costs to the Natural Resources and Environmental Protection Cabinet for administration) for closing abandoned landfills; provide for $9,000,000 to counties to clean up open dumps, with incentives to keep county free of open dumps and to have universal solid waste collection; provide for $10.5 million to counties for anti-litter and litter abatement programs; provide that approved local solid waste plans reflect this use of funds; provide a formula for the distribution of the $10.5 million as follows: 1/3 based on county road miles, 1/3 based on county rural population, 1/3 based on county population, and a set-aside for cities, based on ratio of city population to county population; provide $1.5 million to the Kentucky Environmental Education Council; provide that balance in Pride Fund over $30 million (up to $10,000,000) go to the Dept. of Parks Enhancement Fund (50%) and Fish and Wildlife Resources (50%); provide that any funds over $40,000,000 be divided between Fish and Wildlife Resources (20%), Parks (20%), and the Pride Fund (60%); amend KRS 224.43-310 to assign responsibility to Cabinet for planning for open dump cleanup and landfill closure, waste reduction and recycling, the status of actions regarding closure and cleanup, maintenance of disposal capacity, encouragement of regional alternatives for waste reduction and management, and minimum standards for waste management plans; require local reports to the Cabinet relating to policies and goals of the Act and costs of projects of solid waste management plans; amend KRS 224.43-315 to require by 2003 that commercial collection services register with counties; require that by 2004 commercial services must report to counties regarding whom they serve and how much they collect, and also specific recycling information; provide that universal collection service may not contain unstaffed collection boxes; provide that certain commercial or industrial entities are exempted from requirements if they dispose of their waste in accordance with law; amend KRS 224.43-340 to provide that the cabinet may promulgate regulations relating to the policies and goals of the Act; provide that counties and waste management areas shall employ solid waste coordinators with enforcement powers for waste management statutes, local management plans, and the enforcement of Cabinet regulations; amend KRS 224.43-345 to provide that waste management plans will identify projections of how much is to be collected, and generally how the goals and requirements of the Act and universal collection are to be met; require counties to provide plans for cleanup of road litter three times per year on county, state and federal roads (excluding interstates) and twice per year for city streets; provide for the use of non-violent inmate labor for cleanups with approval of jailer, with payment for labor to go to the jail fund; provide that if there are not enough Pride Fund funds provided to a county to do the number of road cleanups required, the county will not be held to be out of compliance; provide plan requirements to be submitted in October 2002 and updated every five years thereafter; provide that the cabinet has 120 days to approve of new plans; amend KRS 109.042 to provide that counties and Waste Management Districts (WMDs) shall employ a solid waste coordinator, with enforcement powers for statutes and regulations relating to solid waste management, and establish the duties of the coordinator; provide that Cabinet may promulgate regulations requiring that waste coordinators report violations of regulations and laws relating to solid waste; amend KRS 109.056 to clarify language regarding use of taxes related to solid waste collection and provide that the costs of carrying delinquent payments may be part of calculation; provide that collection fee may be placed on property tax bill; provide for the conditions and procedures for determining the collection service bill and placing it on the property tax bill and provide for a low-income waiver; amend KRS 109.059 to provide for the conditions by which a county or WMD may require the use of a specific landfill, and provide exemption for cities which meet specified requirements; amend KRS 109.300 to require that counties use all authority granted by law to collect the collection service charges; amend KRS 109.310 to provide (after January 1, 2004) for the means to collect delinquent service charges through the property tax bill; provide for a 20% penalty for delinquent service charges; provide that, in counties with curbside collection, the delinquent service charge penalties assessed by waste collection providers, and also the delinquent charges may be placed on the property tax bill; provide that the tax bill clearly show that the charges are not related to property value; provide that the owner of property is responsible for the collection service fee; amend KRS 30A.190 to provide that 60% of litter fines go to the county in which violation occurred, and 40% to agency issuing citation; amend KRS 433.753 and KRS 433.757 to provide for prepayment, under specified circumstances, of litter fines; provide for enforcement powers regarding litter laws for solid waste coordinators;. amend KRS 433.757 to provide for prepayment, under specified circumstances, of litter fines; provide amendments and repeal of revised statutes to conform.
HFA (1, J. Bowling) - Amend to allow the Natural Resources and Environmental Protection Cabinet to promulgate administrative regulations for review of local clean up plans and establish procedures for review of plans; allow the cabinet to review local clean up plans; require the cabinet to monitor the implementation of the local clean up plans, to require the cabinet to inform the Transportation Cabinet or Finance and Administration Cabinet of any noncompliance in plan or implementation; require the cabinet to suspend all state road aid to local governments found noncompliant; require local governments to submit plans for approval to the cabinet by July 1, 2003; and to implement these plans by July 1, 2004.
HFA (2, C. Hoffman) - Delete the exclusion of interstate highways in the formula for fund distribution and delete the exclusion of interstate highways as it relates to the requirement that roads be cleaned of litter three times annually.
HFA (3, R. Webb) - Substitute provision that after all open dumps have been cleaned up, counties may use funds for any programs related to the environment, in place of the provision that such funds be used for "other county services."
HFA (4, J. Haydon) - Establishes the Kentucky Parks Enhancement Fund
HFA (5, R. Damron) - Delete the environmental impact fee; increase the tipping fee to $6 from $1.
HFA (6, R. Damron) - Direct the cabinet to require a county to provide a 25% match to receive the financial assistance granted available to the county.
HFA (7, R. Webb) - Replace provision that cleanup funds be used for other county services with provision that these funds be used for programs relating to the environment.
HFA (8, R. Palumbo) - Provides that cleanup funds may be used for development of urban county parks.
HFA (9, J. Hoover) - Delete the environmental impact fee and the landfill tipping fee; transfer $30,000,000 from the highway contingency fund within the Transportation Cabinet into the Kentucky Pride Fund.
HFA (10, G. Lindsay) - Retain original provisions; create a new section of KRS 224.43 to specify that venue for appeals of actions by Finance and Administration Cabinet, Natural Resources and Environmental Protection Cabinet or other state agency with regard to programs specified in the Act is in the county which is the subject of the action.
HFA (11, J. Hoover) - Delete environmental impact fee and replace $1 tipping fee with $7 tipping fee; impose $750 fine and community service for criminal littering.
HFA (12, R. Damron) - Revise the requirements for receiving financial assistance to require the use of door-to-door collection rather than universal collection.
HFA (13, R. Damron) - Encourage counties and cities to use funding for beginning and enhancing recycling programs and to offset the cost of existing recycling programs.
HFA (14, R. Damron) - Delete the environmental impact fee; increase the tipping fee to $6 from $1.
HFA (15, J. Gooch) - Provide for one-half cent ($0.005) environmental impact fee on each page of newspaper with circulation of ten thousand (10,000) copies.
SCS/FN - Retain Section 1 of HB 174/GA amending KRS 224.43-010 relating to policies of the Commonwealth and add stated priorities of citizen education, proper collection and disposal, elimination of illegal dumps, and litter abatement on roads; retain Kentucky Pride Fund, delete definitions; delete environmental impact fee; retain $1.00 tipping fee and rename it "environmental remediation fee"; provide that Kentucky Infrastructure Authority issue $45,000,000 bond; delete provisions and funding formula relating to open dump cleanup and roadway litter cleanup and replace with provisions for revenue from Environmental Remediation Fee to pay debt service on $45,000,000 bond and use $45,000,000 proceeds of bond for cleanup of abandoned landfills and illegal open dumps; retain provisions of Section 5 amending KRS 224.43-310 relating to responsibilities of cabinet and add provisions for public education campaigns, data on households using collection systems, percentage of households participating, costs to governing body, percentage of costs recovered through fees, and progress on cleaning up illegal open dumps; retain provisions of Section 6 amending KRS 224.43-315 relating to universal collection program; delete all provisions of Sections 7 to 13; retain provisions of Sections 14 to 25; add provisions as Sections 17 to 21 creating a Certified Clean County Program and ratifying Executive Order 2001-384.
SCA (1, E. Harris) - Provide for transfer of five million dollars annually from the Highway Construction Contingency Fund to the Kentucky Pride Fund for distribution to counties semi-annually for cleanup of litter on roads; provide for 25% in-kind or cash match to receive funds; provide funds based on lane miles of road in county; provide that if all funds are not used by county the surplus may go to county road fund.
SCA (2/Title, E. Harris) - Make title amendment.
CCR - Cannot agree.
FCCR - Delete all text after the enacting clause and provide as follows: amend KRS 224.43-010 relating to policies of the Commonwealth and to state priorities of citizen education, proper collection and disposal, elimination of illegal open dumps, closing of abandoned landfills, and litter abatement on roads; and define environmental remediation fee, transfer station, and public road; provide that the fee be collected at transfer stations and landfills; provide that the fee be $1.75 per ton on waste; provide that if fee is collected at transfer station it is not to be collected at landfill; provide for a conversion formula for volume to weight; create Kentucky Pride Fund and fund it with a $25 to $30 million bond; the proceeds (approximately $9 million) from the $1.75 environmental remediation fee (ERF); $2.5 million from the road fund; $2.5 million from the highway construction contingency fee; and provide for the use Kentucky Pride funds as follows: $2.5 million from the ERF to fund debt service on bonds; $2.5 million from ERF to be used to identify and characterize out-of-service, abandoned landfills for closure; $25 to $30 million from bond proceeds to be used to close out-of-service landfills; interest in the fund and unused debt service to fund up to $1 million annually for environmental education; balance of funds from ERF not allocated above to be used by counties to eliminate illegal open dumps (on a 75/25%) matching basis (100% to counties with mandatory collection program); $5 million to counties and cities for litter cleanup on federal, state, county and city public roads; $750,000 to the cabinet for administration; and provide that the cabinet plan for elimination of open dumps, closure of inactive, abandoned landfills, and projects and practices consistent with policy; provide that statewide plan not establish limits on disposal capacity; require a report on status of open dumps and out-of-service landfill closure; require each management district to report annually to the cabinet on progress, including public campaigns to promote participation in collection service and anti-littering programs and other data relating to waste collection and elimination of open dumps, and cost data on related programs; amend KRS 224.43-315 relating to universal collection programs to provide that unstaffed convenience centers may be included, and provide for collection of data relating to universal collection; provide for exclusion of commercial or industrial participation if they are in compliance with law; amend KRS 224.43-345 to provide that plans be in conformity with the goals of the act, and identify open dumps and clean up public roads in the county three times per year and two times per year in the in the cities; provide that 60% of litter fines go to the county and 40% go to agency issuing citation; provide that county solid waste coordinators have enforcement power relating to litter laws and provide for prepayment of litter fines; make technical conforming amendments; create a new section of subchapter 43 of KRS Chapter 224 to provide that the court of competent jurisdiction of a county which is the subject of an action by the cabinet shall be the venue for appeal of the cabinet's actions; and repeal statutes to conform.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Appropriations and Revenue (H)
Jan 25-posted in committee
Feb 5-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 6-2nd reading, to Rules
Feb 7-floor amendment (1) filed to Committee Substitute
Feb 8-posted for passage in the Regular Orders of the Day for Monday, February 11, 2002; floor amendments (2) (3) (4) (5) (6) (7) and (8) filed to Committee Substitute
Feb 11-floor amendments (9) (10) (11) (12) (13) and (14) filed to Committee Substitute ; floor amendment (5) withdrawn
Feb 12-floor amendment (15) filed to Committee Substitute ; 3rd reading; Committee Substitute adopted; floor amendments (2) (3) (6) (7) (8) and (10) adopted ; floor amendments (9) and (14) defeated ; defeated 47-47; bill reconsidered (change PASSED status); passed 49-47 with Committee Substitute, floor amendments (2) (3) (6) (7) (8) and (10)
Feb 13-received in Senate
Feb 15-to Agriculture and Natural Resources (S)
Mar 20-taken from committee; 1st reading; recommitted to Agriculture and Natural Resources (S)
Mar 21-reported favorably with Committee Substitute, committee amendments (1) and (2-title) ; 2nd reading, to Rules
Mar 26-posted for passage in the Regular Orders of the Day for Tuesday, March 26, 2002; 3rd reading, passed 24-13-1 with Committee Substitute, committee amendments (1) and (2-title)
Mar 27-received in House; posted for passage for concurrence in Senate Committee Substitute, committee amendments (1) and (2-title)
Mar 28-House refused to concur in Senate Committee Substitute, committee amendments (1) and (2-title)
Mar 29-received in Senate; posted for passage for receding from Senate Committee Substitute, committee amendments (1) and (2-title) on Friday, March 29, 2002; Senate refused to recede from Committee Substitute, committee amendments (1) and (2-title)
Apr 1-Conference Committee appointed in House and Senate; Conference Committee report filed in House; Conference Committee report adopted in House; Free Conference Committee appointed in House
Apr 2-Conference Committee report filed in Senate
Apr 15-Conference Committee report adopted in Senate; Free Conference Committee appointed in Senate; Free Conference Committee report filed in House and Senate; Free Conference Committee report adopted in Senate; bill passed 26-11; received in House; Free Conference Committee report adopted in House; bill passed 72-21; enrolled, signed by each presiding officer; delivered to Governor
Apr 23-signed by Governor (Acts ch. 342)