02RS SB193

SB193

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SB 193/FN (BR 2061) - R. Sanders Jr

     AN ACT relating to the Petroleum Storage Tank Environmental Assurance Fund.
     Amend various section of KRS 224.60 to revise the definition of the petroleum storage tank environmental assurance fund to indicate that the fund has two subaccounts, the financial responsibility account and the petroleum storage tank account; amend the structure of the Office of Petroleum Storage Tank Environmental Assurance Fund to specify that the office shall administer the newly formed accounts created by this proposal as part of the fund; make other specific references to the new accounts throughout; delete an outdated reference to a deadline that has passed; direct that the financial responsibility account shall receive four-tenths of a cent from the one and four tenths cent paid on each gallon of gasoline and special fuel received in the state; delete the small operator assistance account; direct that the petroleum storage tank account shall receive one cent from the one and four-tenths cent paid on each gallon of gasoline and special fuel received in the state; direct that the office shall within 3 months of the effective date of the Act develop a plan to pay claims and complete corrective action at facilities eligible for reimbursement from the petroleum storage tank account; direct the office to employ an actuary to determine a reserve appropriate to meet the obligations for all eligible facilities in the two new accounts; delete the requirement that an actuarial study be conducted every two years; delete the small operatorsí tank removal account; direct the office to contract with the University of Kentucky for the purpose of university researchers' updating the study conducted by the University in 1993; require the study to recommend amendments to the standards for levels of petroleum contamination; require the University to identify inconsistencies of cabinet cleanup standards with the revised study; require the cabinet to incorporate findings of the revised study into regulations establishing corrective action standards; require the cabinet to develop a final cleanup plan for facilities eligible for reimbursement from the fund; include in the plan the current status of each facility in the corrective action process; establish the financial responsibility account and the petroleum storage tank account within the fund; direct that four-tenths of a cent from the one and four-tenths cent paid on each gallon of gasoline and special fuels received in Kentucky be paid into the financial responsibility account; direct that one cent from the one and four-tenths cent paid on each gallon of gasoline and special fuels received in Kentucky be paid into the petroleum storage tank account; require rather than allow the fund to be used to pay for corrective action required to be undertaken by the cabinet; delete the authorization for use of the fund for paying the costs of the cabinet for implementing the tank registration program; require the office to complete the review of a claim application after a deficiency has been corrected within the time remaining in the 90 day review but not to exceed 45 days; require that the owner of a petroleum storage tank placed in operation after July 15, 2002 to register the tank with the cabinet as a prerequisite to participation in the fund; revise the collection of the petroleum environmental assurance fee to direct that four-tenths of a cent from the one and four-tenths cent paid on each gallon of gasoline and special fuels received in Kentucky be paid into the financial responsibility account and that one cent from the one and four-tenths cent paid on each gallon of gasoline and special fuels received in Kentucky be paid into the petroleum storage tank account; require quarterly review of each account and direct that the surplus of each account be transferred to the road fund.

SB 193 - AMENDMENTS


     SCS/FN - Retain the original provisions; define the petroleum storage tank environmental assurance fund to include its subaccounts, the financial responsibility account and the petroleum storage tank account; require the financial responsibility account to receive four-tenths of one cent, and the petroleum storage tank account to receive one cent from the one and four-tenths cent paid on each gallon of gasoline and special fuels; require owners or operators seeking coverage under the petroleum storage tank account to file for eligibility and for financial assistance with the office on or before January 15, 2004; require reimbursements of corrective action projects performed under the petroleum storage tank account to be carried out on or before July 15, 2009; require the office to establish the deadline for submission of final reimbursement requests under the petroleum storage tank account at two years after receipt of a no further action letter or by July 15, 2010; delete provisions establishing a small operator assistance account and a small operators' tank removal account; specify that the University of Kentucky corrective standards study will be conducted when funds are available; allow rather than require the cabinet to incorporate the study findings into its regulations; delete out-of-date text; delete transferring any surplus into the road fund; require reports of fund account balances to be made to the LRC.

     SCA (1, D. Kelly) - Create the landfill clean up fund to receive any surplus money from the financial responsibility account and the petroleum storage account within the petroleum storage tank environmental assurance fund and provide that the money shall be used to locate, remediate, and close solid waste landfills; provide that the Finance and Administration Cabinet may issue bonds for this purpose; provide that any surplus from this fund shall be transferred to the road fund.

     SCA (2/Title, D. Kelly) - Make title amendment.

     SFA (3, M. Long) - Require petroleum storage tanks to be registered by July 15, 2004 rather than July 15, 2002 in order to apply to the fund; restore the small operator assistance account and the small operator tank removal account; allow the small operator assistance account and the small operator tank removal account to continue in effect until July 15, 2004 and thereafter until all eligible claims related to the tanks registered by that date are resolved.

     SFA (4, D. Kelly) - Require petroleum storage tanks to be registered by July 15, 2004 rather than July 15, 2002 in order to apply to the fund; restore the small operator assistance account and the small operator tank removal account; allow the small operator assistance account and the small operator tank removal account to continue in effect until July 15, 2004 and thereafter until all eligible claims related to the tanks registered by that date are resolved.

     HCS/FN - Delete provisions relating to landfill cleanup; add provisions allowing counties to create industrial taxing districts to impose ad valorem and occupational license taxes.

     HCA (1/Title, H. Moberly) - Make title amendment.

     HFA (1, A. Arnold) - Retain original provisions; amend Section 8 of HCS to specify that a portion of territory in a county that includes property that will be used in an economic development project resulting in the creation of at least 100 new jobs may be organized into a district for levying taxes for governmental services provided to the district that exceeds the level of services provided to other territory of the county.

     HFA (2, R. Wilkey) - Allow the Office of Petroleum Storage Tank Environmental Assurance Fund to transfer funds from the petroleum storage tank account to the small operator account and the financial responsibility account as needed; provide that the review period shall toll for up to 30 days, pending response to a deficiency; require state budget director to determine whether a surplus exists; require surplus funds to be deposited in a restricted account pending appropriation by the General Assembly.

     HFA (3, A. Arnold) - Retain original provisions; amend Section 8 of HCS to specify that a portion of territory in a county that includes property that will be used in an economic development project resulting in the creation of at least 500 new jobs may be organized into a district for levying taxes for governmental services provided to the district that exceeds the level of services provided to the other territory of the county.

     HFA (4, K. Upchurch) - Amend SB 193/HCS to add a section designating the Act the Thomas J. Burch "I Just Can't Contain Myself" Act of 2002.

     HFA (5, R. Wilkey) - Allow the Office of Petroleum Storage Tank Environmental Assurance Fund to transfer funds from the petroleum storage tank account to the small operator tank removal account and the financial responsibility account as needed; provide that the review period shall toll for up to 30 days, pending response to a deficiency; require state budget director to determine whether a surplus exists; require surplus funds to be deposited in a restricted account pending appropriation by the General Assembly.

     HFA (6/Title, G. Stumbo) - Amend to read as follows: "AN ACT relating to financing of governmental services, making an appropriation therefor, and declaring an emergency."

     HFA (7, G. Stumbo) - Add non-codified language to appropriate General Funds to support Economic Development Bond Funds for the purchase of property to attract a major industrial facility, to develop a site and construct facilities once successful in attracting a major manufacturing facility, and to support project contingencies and the timely acquisition of property to attract a major facility; appropriate loan funds for the Kentucky Economic Development Finance Authority; transfer restricted funds in the Kentucky Economic Development Finance Authority to the General Fund; and declare an emergency.

     HFA (8, T. Pullin) - Eliminate state portion of motor vehicle ad valorem tax, beginning January 1, 2003.

     CCR - Could not agree.

     FCCR - Delete the provisions relating to landfills and the landfill cleanup fund; allow the Office of Petroleum Storage Tank Environmental Assurance Fund to transfer funds from the petroleum storage tank account to the small operator tank removal account and the financial responsibility account as needed; provide that the claim review period shall toll for up to 30 days pending response to a deficiency; require the state budget director to determine whether an account surplus exists; require surplus funds to be deposited in a restricted account pending appropriation by the General Assembly; add provisions allowing counties to create industrial taxing districts to impose ad valorem and occupational license taxes, if the districts include property to be used for an economic development project that will create 500 or more jobs; exempt uranium purchased for use outside this state from the sales and use tax; allow property owners, in counties of 35,000 or over, who own at least 1,000 contiguous acres to construct private airstrips; require the strips to meet all federal regulations; allow counties to assess a $100 fee per year; make title amendment.

     Feb 12-introduced in Senate
     Feb 14-to Appropriations and Revenue (S)
     Mar 7-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendments (1) and (2-title)
     Mar 8-2nd reading, to Rules
     Mar 11-posted for passage in the Regular Orders of the Day for Tuesday, March 12, 2002
     Mar 12-passed over and retained in the Orders of the Day
     Mar 13-passed over and retained in the Orders of the Day; floor amendments (3) and (4) filed to Committee Substitute
     Mar 14-3rd reading; floor amendment (3) withdrawn ; passed 28-6 with Committee Substitute, committee amendments (1) and (2-title), floor amendment (4)
     Mar 15-received in House
     Mar 18-to Appropriations and Revenue (H)
     Mar 25-posting waived
     Mar 26-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Mar 27-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 28, 2002; floor amendments (1) and (2) filed to Committee Substitute
     Mar 28-floor amendments (3) (4) and (5) filed to Committee Substitute
     Apr 1-floor amendments (7) and (8) filed to Committee Substitute, floor amendment (6-title) filed ; 3rd reading, passed 95-0 with Committee Substitute, floor amendments (3) (5) (6-title) and (7)
     Apr 2-received in Senate; posted for passage for concurrence in House Committee Substitute, floor amendments (3) (5) (6-title) and (7) for Tuesday, April 2, 2002; Senate refused to concur in House Committee Substitute, floor amendments (3) (5) (6-title) and (7) ; received in House; posted for passage for receding from House Committee Substitute, floor amendments (3) (5) (6-title) and (7); House refused to recede from Committee Substitute, floor amendments (3) (5) (6-title) and (7) ; Conference Committee appointed in House
     Apr 15-Conference Committee appointed in Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report filed in House; Free Conference Committee report adopted in House; bill passed 54-42 with committee amendment (1-title) ; received in Senate; posted for passage of Free Conference Committee Report; Free Conference Committee report adopted in Senate; bill passed 26-9; enrolled, signed by each presiding officer; delivered to Governor
     Apr 23-signed by Governor (Acts ch. 361)


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