Kentucky Conservation Committee, P.O. Box 1152, Frankfort, KY 40602

March 8, 2008 KCC Alert Kentucky Conservation Committee, P.O. Box 1152, Frankfort, KY 40602

—EYE ON THE SESSION— KCC To-Do List: A QUIET WEEK  Ask your Senator to oppose SB 69, which cuts hazardous waste fees, and to support SB 145 for pedestrian and bicycle trails. IN THE CAPITAL  Urge your Representative to support land conservation through HCR 93. It’s been a quiet week or two in Frankfort. It seems the legislature is waiting for something, but it’s unsure HB2 Sets “High Performance” Building Standards of what. After weeks of work, Majority Floor Leader Rocky Adkins (D- Sandy Hook) introduced omnibus alternative energy legislation in the House that, among other things, requires the development of “high performance” building standards for state-financed construction designed after 2008. The legislative proposal for high performance buildings was developed by KCC. HB 2 continues energy reforms Rep. Adkins began in the special session last summer with HB 1. It also incorporates alternative energy legislation proposed in bills already filed during the 2008 session and awaiting committee action (see box). “High performance” buildings are designed to:  increase environmental performance and economic value over time  safeguard the health of occupants;  enhance satisfaction and productivity of workers  incorporate environmentally friendly materials and products  reduces waste. The legislation requires The Finance and Administration Cabinet to develop the state’s standards with an advisory council within six months of the bill’s passage, considering national standards like LEED.

Provisions of HB 2 The mission of the Kentucky Conservation Committee is to . work for sustainable use of renewable natural resources, prudent use of non-renewable resources, conservation and preservation of critical and unique areas, and a healthful environment for all Kentuckians.

KCC Alert March 8, 2008

Key Committee Assignments Contacting Legislators Senate Ag. and Nat. Resources Tom Jensen (R), Chair; Vernie Who are my legislators? Representative s and Senators are McGaha (R); Vice Chair, David Boswell (D); Ernie Harris (R); listed by county at www.lrc.ky.gov/Legislators.htm. Or, input Dan Kelley (R); Bob Leeper (I); Joey Pendleton (D); Dorsey your address at http://vote-smart.org. Or, call your county clerk. Ridley (D); Richie Sanders (R); Ernesto Scorsone (D); Damon How do I communicate with legislators? Legislators want to Thayer (R) hear from their constituents. You have several options—use the Senate Econ. Dev., Tourism & Labor Alice Kerr (R), Chair; telephone numbers in the box below. Brett Guthrie (R), Vice Chair; Julian Carroll (D); Julie Denton (R); Leave a message: The legislator message line will get you an Denise Harper Angel (D); Ray Jones II (D); Jerry Rhoads (D); Richie Sanders (R); Katie Stine (R); Gary Tapp (R); Jack operator who will take a message you dictate, no questions Westwood (R); Ken Winters (R) asked. Include the Bill Number in your message. You may call 7 Senate State and Local Govt. Damon Thayer (R), Chair; Alice am to 11 pm ET M-Th, 7 am to 6 pm F. Kerr (R), Vice Chair; Walter Blevins (D); Julian Carroll (D); Send a fax: A fax can be addressed to individual members, Carroll Gibson (R); Ernie Harris (R); Tom Jensen (R); Dan Kelly members of a committee, or members of the House or Senate. (R); Elizabeth Tori (R); Johnny Ray Turner (D); Ed Worley (D) Send email: Email addresses are available here: House Ag. and Small Business Tom McKee (D), Chair; Royce http://www.lrc.ky.gov/whoswho/email.htm Adams (D), Vice Chair; John Arnold Jr. (D), Vice Chair; Mike Some legislators respond to email; some do not. Denham (D), Vice Chair; Richard Henderson (D), Vice Chair; Ken Upchurch (R), Vice Chair; Johnny Bell (D), Dwight D Butler (R); Send postal mail to the Capitol Annex, Frankfort, KY 40601. Mike Cherry (D); James R Comer Jr (R); W Milward Dedman Jr Call direct: Legislators are very busy during the session, but (R); C B Embry Jr (R); Jeff Greer (D); Jimmy Higdon (R); Charlie many will try to take time to talk to a constituent. Hoffman (D); Brad Montell (R); Fred Nesler (D); David Osborne What do I say? Your message can be as simple as “Please (R); Don R Pasley (D); Rick W Rand (D); Tom Riner (D); Steven oppose House Bill 888.” You don’t have to be an expert. Rudy (R); Dottie Sims (D); Tommy Turner (R); Susan Westrom Sharing relevant personal experiences can be very effective. (D) House Economic Dev. Ruth Ann Palumbo (D), Chair; Tim Couch (R), Vice Chair; Ted Edmonds (D), Dennis Horlander(D), Vice Chair; Vice Chair; Dennis Keene (D), Vice Chair; Fred Nesler (D), Vice Chair; Eddie Ballard (D); Kevin Bratcher (R); Jesse Important Phone Numbers Crenshaw (D); Jim DeCasare (R); Mike Denham (D); Bob Deweese (R); Myron Dossett(R); Melvin Henley (R); Joni Jenkins Legislator Message Line: 1-800-372-7181 (D); Thomas Kerr (R); Adam Koenig (R);; Brad Montell (R); Don Legislator Fax Line: 502-564-6543 Pasley (D); Dottie Sims(D); Ancel Smith (D); John Will Stacy (D); To talk directly to a legislator: 1-502-564-8100 Tommy Thompson (D); Addia Wuchner (R) Bill Status Line: 1-866-301-9004 House Nat. Res. & Enviro. Jim Gooch (D), Chair; Keith Hall (D), Committee Calendar Line: 1-800-633-9650 Vice Chair; Hubert Collins (D); Tim Couch (R); Reginald Meeks Governor's Office: 502-564-2611 (D); Tim Moore(R); Don Pasley (D); Tanya G Pullin (D); Rep. EPPC Secretary: 502-564-3350 Marie L Rader (R); Brandon Smith (R); Jim Stewart (R); Robin L. Webb (D) House Tourism Dev. and Energy Eddie Ballard (D), Chair;; Ancel Smith(D), Vice Chair; Brandon Smith (R), Vice Chair; Ron Learn More about Bills Weston(D), Vice Chair; Royce Adams (D); Larry Belcher (D); The Legislative Research Commission’s website posts bills Larry Clark (D); Leslie Combs (D); Milward Dedman (R); Bob and amendments and is updated nightly: DeWeese(D); Myron Dossett(R); James Gooch (D); Keith Hall (D); Mike Harmon (R); Thomas Kerr (R); Tom McKee (D); Tim http://www.lrc.ky.gov/legislation.htm Moore(R); David Osborne (R); Robin L. Webb (D) If you want to track a particular bill or subject area through email updates, subscribe to the “Bill Watch” service here: http://kentucky.gov/services/billwatch/

Legislative Schedule 2008 KCC Board of Directors Jan 8: Convenes Vicki Holmberg, Lexington, President Jan 21: ML King holiday Russ Barnett, Lawrenceburg Ray Barry, Lexington Feb 18: Presidents’ Day holiday Ramesh Bhatt, Lexington Leslie Cole, Lexington Feb 25: Last day for bill requests Bruce W. Scott, Frankfort Greg Kuhns, Louisville March 3: Last day for new House Bills William Martin, Lexington David Wicks, Louisville March 5: Last day for new Senate Bills Pam Wood, Harrodsburg Jack Wilson, Lexington March 28, 31: Concurrence only (bills from other chamber) April 1-11: Governor’s veto days 2007 KCC Lobbyist April 14-15: Veto override & final business Bruce Williams, 502-863-5938; cell: 859-221-1132 2 KCC Alert March 8, 2008

Bill Summaries and KCC Position NOTE: At our meetings during the session, the board of KCC tracks bills before the General Assembly that fall within our mission, and considers what KCC’s position on them should be. Bills that are central to our mission are identified as “Priority” for work by our lobbyist and to encourage communications with legislators by our members. The newsletter is sent out immediately after our meetings. The listing should be inclusive of legislative activity up to the Friday evening prior to your receiving this newsletter. Updates from the previous newsletter are in bold.

KCC Bill No Priority Sponsor Summary Status/ Committee Position Permits local authorities to create “public infrastructure authorities” with the approval of the Governor to issue SB 7 Monitor Williams S-Transportation bonds for highways and bridges and to collect tolls; gives authorities eminent domain. Concerns: NEPA. Creates a limited sand and gravel permit under one acre Reported favorably SB 54 Monitor Winters conducted by the property owner. Cf HB 286. with SCS Committee substitute makes additional restrictions. S-Rules Reduces hazardous waste fee for wastes delivered to an energy recovery incinerator by 50%; reduces percent of Reported favorably the hazardous waste fund sent to the Pollution SB 69 Oppose Harris with SCAs  Prevention Center from 20% to 5%. Amendments restore S- Rules PPC remittance to 25% and extend assessment to 2012 but preserve the overall 50% reduction in fees. Harris, Adds wind, water, or other renewable energy sources to solar passed Senate SB83 Support Blevins as eligible for net metering. Cf HB 313. H-Tourism & Energy Prohibits counties with consolidated local governments from approving subdivisions with densities less that one house 1-24 S-State and Local SB 99 Monitor Seum per five acres if access is by rural or scenic road. Cf HB Govt 144. Limits data on water pollution discharge permits to be less than 3 years old and from certified organizations. SB 107 Oppose Pendleton Concerns: delays permitting process if data is lacking; 1-28 S-Ag & NR existing monitoring cycle is 5 years; no certification procedure for labs exist. Requires KDOT to fully include bicycle and pedestrian SB 145 Support  Stine facilities in transportation planning and to develop S-Transportation standards. Buford, Appropriate $15k for a study by UK of water supply in central SB 147 Monitor S-A & R Carroll Kentucky. Permits PSC to certify a nuclear facility without first finding Leeper, that a federally-approved waste disposal method exists, SB 156 Oppose 2-14 Introduced Borders and without finding that there are adequate existing facilities to receive the waste. Cf HB 542. Establish the “Kentucky Bluegrass Turns Green” program to SB 165 Monitor Leeper promote “demand-side energy management,” but the 2-14 Introduced program is vague. Encourage the construction and renovation of school buildings SB 168 Support Stine in accordance with principles of sustainable design and 2-15 Introduced life cycle cost. SB 171 Study Carroll Creates a felony crime of timber theft. Cf HB 489. 2-15 Introduced Adds 2 representatives of the KY Motorcycle Assn, 1 of League of KY Sportsmen, 1 of KY Council of Area SB 196 Smith et al S-Ag & NR Development Districts, and 2 of ATV associations to the Kentucky Recreational Trails Authority. Requires mines to have emergency action plans for first SB 213 Jones S-Ag & NR responders.

3 KCC Alert March 8, 2008

KCC Bill No Priority Sponsor Summary Status/ Committee Position Exempts persons not served by sanitary sewers from SB 229 Thayer 3-4 Introduced stormwater rates. In a consolidated local government, requires permission of SB 235 Seum 75% of property owners to modify the use of green 3-4 Introduced space, golf course, etc, in a subdivision. SB 242 Gibson Establishes a beekeeping fund in the Dept of Agriculture. 3-5 Introduced Exempts wastes from coal gasification from hazardous SB 243 Ridley 3-5 Introduced waste assessments. Requires EPPC to require emergency action plans for high or Reported favorably SJR 72 Support Jones significant hazard dams. S-Rules Harper- Requires EPPC to report to LRC on disposal and recycling of Reported favorably SJR 76 Support Angel electronic waste. S-Rules Encourages inter-local agreements to close of dumps and HB 80 Support Meeks operate recycling programs, among others, and requiring 1-22 H-A & R approval by the Governor’s Office of Local Development. Redefine “renewable energy facility” in Energy Bill to HB 92 Support Wayne et al encourage on-site biomass and methane generation, and 1-25 H-A & R reduces minimum investment to obtain the tax credit. Redefine “carbon dioxide capture” in Energy Bill to require HB 93 Monitor Wayne et al compression of the gas. Concerns: may not address issues H-NR & Environment related to carbon sequestration. Allows local governments to contract with the Dept of 2-6 H NR & HB 100 Support Denham Revenue to collect delinquent solid waste taxes and fees. Environment Requires junk yards to keep records of transactions for metals HB 106 Support Denham H-Judiciary and creates crimes of stolen property. Cf HB 279. Prohibits counties with consolidated local governments from HB 144 Monitor Bratcher approving subdivisions with densities less that one house per H-Local Government five acres if access is by rural or scenic road. Cf SB 99. Creates individual tax credits up to 30% of cost for installation HB 149 Support Nelson of solar or other residential energy systems 2009-2014. Cf HB H-Trsm, Dev & Energy 268. HB 153 Support Owens et al Appropriate $10 m for Low Income Home Energy Assistance. H-A & R “Stream Saver Bill” prohibiting valley fills from surface HB 164 Support Pasley et al H- NR & Environment  mining. Requires regulations by F & W to approve structures on F & HB 205 Oppose Yonts H- NR & Environment W lakes constructed by adjacent property owners. Permits local authorities to regulate noise from commercial HB 206 Monitor Higdon H-Local Government development over 15 acres. Extensive changes to the Code of Legislative Ethics, including HB 212 Monitor Cherry H-State Govt changes affecting registered agents and their employers. Expands fuel tax incentives to vegetable oils (new or waste) Wayne et HB 214 Study and provides a tax credit for converting engines to diesel using H-A & R all vegetable oils. Appropriates up to $15 m in prior fiscal year funds to match Gooch and HB 215 Monitor deposits into the F & W “Kentucky Wetland and Stream H-NR & Environment Stewart Mitigation” fund. Requires PACE to pay fair market value to the donor or heirs 1-30 passed House HB 216 Study Wayne for a donated easement terminated at the donor’s request by S-Judiciary the courts. Prohibits sale of lead-bearing items that may be used by HB 231 Support Jenkins H-H & W children; requires labeling of lead-bearing items. Clarifies labeling plastic containers for recycling with a base HB 233 Oppose Simpson H-NR & Environment cup of a different substance. HB 268 Support Nelson Revision of HB 149 on residential alternative energy credits. Introduced Jan 10

KCC Bill No Priority Sponsor Summary Status/ Committee Position Requires the Department of Transportation to implement HB 271 Support Meeks Introduced Jan 10 California’s LEV II standards for vehicle emissions. HB 279 Support Harmon Requires tracking of scrap metal. Cf HB 106. Introduced Jan 11 Rudy, HB 286 Monitor Permits one-acre gravel pits. Cf SB 54. H-NR & Environment Nesler Establishes an abandoned rail line bank fund in KDOT HB 291 Support Adkins permitting KDOT to acquire them and to lease them to state or H-Transportation local governments. McKee, 1-29 passed House HB 292 Support Limits qualifications for agricultural districts. Graham S-Ag & NR Requires Governor’s Office of Energy Policy to recommend Moberly et HB 299 Support incentives and requirements for retail suppliers to use H-Tourism & Energy al renewable sources of energy. Moberly et Encourages private investment in hydro power on dams HB 312 Support H-Tourism & Energy al operated by the Kentucky River Authority. Moberly et Adds wind, biomass, hydro, and co-generation to sources for HB 313 Support H-Tourism & Energy al net metering and requires PSC to set standards for networks. Greer, Defines “poultry feeding facility” and prohibits its location H-Ag & Small HB 347 Support Butler within 3000 feet of a school or church. Business HB 378 Support Glenn Requires labeling of packaged foods from cloned animals. H-Ag & Sm Business Moberly et Executive Branch budget bill. Extends annual hazardous HB 406 Study H-A & R al waste assessment until 2010. Butler, Requires post-secondary institutions to purchase KY grown HB 484 Study* H-Ag & Sm Business Hoffman agricultural products. HB 489 Study* Combs Makes theft of timber a crime. H-NR & Environment Rollins, HB 517 Monitor Requires state financed buildings to be LEED compliant. H-State Govt Brinkman Require state vehicles equipped to use biofuels to refuel with HB 529 Monitor Montell H-State Govt them when available. Permits PSC to certify a nuclear facility without first finding that a federally-approved waste disposal method exists, and HB 542 Oppose Rudy H-Tourism & Energy without finding that there are adequate existing facilities to receive the waste. Cf SB 156. Permits billboard operators to apply to KDOT for Damron et HB 582 “vegetation control permits,” creates bonds for permits, H-Transportation al and requires KDOT monitoring of trimming and pruning. Requires state agencies to report amount of recycled HB 604 Meeks H-Ag & NR materials to EPPC. Requires Dept of Parks to establish ATV and OHV trails, HB 613 Hall identifies Fishtrap Lake as a pilot project, and permits H-Tourism & Energy ATV and OHV trails on state wildlife management areas. Requires new water wells to be fitted with methane vents, HB 620 Nelson and EPPC to study costs of retrofitting existing wells. Creates a “Kentucky Proud” program for marketing KY HB 626 Denham agricultural products. Changes the Ginseng program of the Department of Agriculture to include “wild simulated ginseng” and HB 630 Henderson H-Ag & Sm Business “cultivated ginseng” and adds licensing and enforcement protections. HB 631 Combs Includes timber in the definition of “theft.” H-Judiciary Prohibits a person from acquiring state lands through HB 641 Webb “adverse possession,” and prohibits interference with land H-State Govt management by Dept of Parks.

KCC Bill No Priority Sponsor Summary Status/ Committee Position Requires land survey for surface mining by a licensed land HB 652 Rader H-NR& Environment surveyor. Montell, Establishes civil penalties for illegally taking wildlife HB 680 H-NR& Environment Webb including mussels and fish. Establishes the “KY Public Transportation Infrastructure HB 689 Pasley et al Reported favorably Authority” that will establish tolls and authorize bonds. HB 690 Rand Establishes “Gas Acquisition Authorities.” H-NR& Environment Exempts “electromagnetic treatment” from the definition HB 698 Coursey H-NR& Environment of “coal processing” for purposes of taxation. Requires PSC to plan for carbon sequestration, requires Pasley & strategic planning for reducing carbon footprint from HB 716 H-Tourism & Energy Moberly regulated fossil fuel generators, and authorizes related rates. Creates “2020 Water management planning councils” to receive in-lieu mitigation funds and restore water supplies Atkins, and waterways using a watershed planning framework. HB 717 H-NR& Environment Webb, Hall Concerns: Corps approval of using funds for water supply; administrative burden (48 councils); duplication of DEP program; cost of technical support. Combs & Creates crimes related to timber theft and establishes HB 727 H-NR& Environment Keene procedures. Requires that utilities seeking to expand water supplies HB 737 Rollins first demonstrate that loss from pipes is minimized and H-Tourism & Energy that cost-effective plans for drought have been made. Directs EPPC to develop a greenhouse gas tracking and HB 741 Wilkey mitigation system for state government, and reduce H-State Govt emissions by 30% by 2025. Includes “aquaculture” as eligible for economic HB 761 Denham H-Economic Dev development. Housekeeping changes to EPPC rules for properties H-Seniors, Miltry HB 765 Pullin contaminated by methamphetamines. Afrs and Public Safety Provides economic incentives for a “FutureGen” facility if HB 767 Atkins et al H-A & R funded by the US DOE. Webb, Re-authorize the Land Stewardship and Conservation Task HCR 93 Support H-NR & Environment  Osborne Force. Encourage Corps of Engineers to install hydro power Reported favorably HJR 54 Support Pasley et al generators on suitable federal dams. H-Rules 2-1 Passed House HJR 68 Support McKee et al Re-authorize the Aquaculture Task Force. S-Ag & NR Direct the KY Recreational Trails Authority to “increase Overly, HJR 153 adventure tourism and responsible ATV ridership” and H-Tourism & Energy Pullin reduce ATV trespass.

KCC thanks PlanGraphics, Frankfort, KY for technical and material assistance in producing the KCC Alert.

Internet Access to the Alert The Sierra Club graciously posts the KCC Alert on the Club’s web site; go to http://www.kentucky.sierraclub.org/kcc/alert.asp

Kentucky Conservation Committee P.O. Box 1152 Frankfort, KY 40602

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