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PO Box 1070, Frankfort, KY 40602 Phone 502.875.2428, Fax 502.875.2845

2008 REGULAR SESSION: Bills We're Watching: Week Twelve – 1,030 Bills, 481 Resolutions, only 4 Legislative Days To Go! Posted: March 29, 2008
2008 REGULAR SESSION: Bills We're Watching: Week Twelve

This list profiles the environmental, conservation, consumer and general government bills being tracked by the Council during the 2008 session. This is the twelfth of many updates, covering the first twelve weeks of the 2008 legislative session, which began on January 8 and continues until April 15. This list will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.

With 4 legislative days left, we have removed those bills that have not yet been heard by the initial committee to which they were assigned. To review all of the bills that KRC tracked this session, click on the 13th update.

Feel free to forward this to anyone you feel might be interested, and to utilize, reprint or quote from the bill analyses. We ask only that you attribute KRC as the source when you use our analytical material (so we can take all the blame for anything we’ve gotten wrong!)

DO YOU KNOW SOMEONE WHO WANTS TO RECEIVE NOTICE OF THE POSTING OF THESE UPDATES?

Send this to a friend, and tell them to write us at FitzKRC@aol.com if they want to receive notice when these postings are updated.

WANT TO READ THE BILLS OR CONTACT LEGISLATORS?

For a copy of any bill, or to check the status of the bill, to track which committee it has been assigned to for hearing, and other legislative information, visit the Legislature's Homepage at http://www.lrc.ky.gov/legislation.htm

To find your legislators email, go to http://www.lrc.ky.gov/whoswho/email.htm

The phone number to reach a legislator in person is 502-564-8100 (this is not toll-free).

The toll-free meeting schedule information line is 1-800-633-9650.

The toll-free message line is 1-800-372-7181, to leave a message for a legislator or an entire committee.

The TTY message line is 1-800-896-0305. En Espanol, el nombre es 1-866-840-6574.

The toll-free bill status number is 1-877-257-5541.

THE BEST WAY TO REACH LEGISLATORS – IT’S NEVER BEEN EASIER!

Did you know that for a single fax to 502-564-6543, you can reach all of the legislators that you want to contact? You can send a faxed letter, for example, to all Senators and Representatives by listing their individual names on a cover sheet and asking that each get a copy of your letter. The good folks at the LRC fax room will copy your fax and distribute it to all that you list (the recipients must be listed by name.) The LRC web page has a list of all legislators and all committee members.

Please note that the Council does not have a position on each bill listed. Some bills are tracked for general interest; others simply to assure that they do not become vehicles for mischievous amendments. Where KRC has taken a position concerning a bill it is indicated with a plus (+) or two minuses (to make searching easier!) (--). The primary sponsor and current status of the bill are also noted by Committee or chamber.

Senate Bills

SB 5 (Thayer) (H. Rules, Recommitted to H. Elections & Const Am.)

Would eliminate gubernatorial primary runoff elections.

SB 8 (Thayer)(H. Rules)

Comprehensive revisions to campaign finance laws.

SB 14 (Thayer) (H. Elections & Const Am)

Proposed constitutional amendment to eliminate office of Treasurer and assign duties elsewhere.

SB 16 (Seum) (H. Rules)

Bill responds to use of staff to promote ballot initiative in Metro Louisville, by restricting employees in the classified service in cities of the first class activities involving ballot initiatives during work hours and using public resources.

SB 22 (Tapp) (To Senate for Concurrence)

Would create a certification program for licensure of home inspectors.

SB 54 + (Winters) (H. Transp)

Initially, the bill creating a separate “limited” permit for sand and gravel mining operations under one acres in size concerned KRC because of the potential for abuse where one entity contracts with numerous landowners to have multiple less-than-one-acre operations, and in doing so, evade the more rigorous standards and permit obligations.

KRC proposed alternative language to more narrowly define a tiered small-operator permit for landowner excavation of surficial gravel for farmstead and personal use, and to strengthen the protections against abuse, which was accepted by the proponents of the bill and was adopted in the Senate Committee. KRC has withdrawn opposition to the bill. The bill passed the Senate on a vote of 21-15, after being amended to prevent resale of excavated gravel.

SB 58 (Burford) (H. Rules)

Increases penalty for torture of cat or dog to Class D felony.

SB 69 (Harris) (H. Rules)

Original bill would reduce by half the Hazardous Waste Assessment Fund fee paid by Rohm and Haas and Safety Kleen on hazardous wastes used as fuel, and would reduce from 20% to 5% the amount of the fee transferred to the pollution prevention fund which is administered by the Kentucky Pollution Prevention Center for funding pollution prevention programs.

Senate Committee amendment reduced the funding cut to KPPC and actually increased its funding, while further weakening the capability of the state to fund emergency response, and state superfund site remediation.

KRC negotiated a House Committee Substitute that allows the ½ rate, but in return reauthorizes the program for 8 years and stabilizes the funding at a base of $1.8 million adjusted for inflation annually, and transferring an amount from the Petroleum Storage Tank Environmental Assurance Fund to offset the reduction.

SB 83 + (Harris)(To Senate for Concurrence with House Amendments)

The House amended this bill to incorporate the provisions of HB 313, a more comprehensive House net metering bill addressing these sources and providing for standardization of interconnection requirements, as well as removing caps on availability of net metering. The bill now goes to the Senate for concurrence with the House amendments.

SB 120 (Buford) (H. Rules)

Would require booster seats for children under 7 years old and between 40 and 50 inches in height and specify penalties.

SB 127 (Buford)(To Governor)

Would remove the Henry Clay Law Office from the list of state-owned historic properties managed by the Division of Historic Properties.

SB 145 + (Stine)(S. Rules, Recommitted to Senate A&R)

Would require full consideration be given to bicycle and pedestrian ways in state transportation planning and construction, and development of standards for design and construction in roadway projects.

SB 148 (Thayer) (H. Elections & Const Am.)

Would require reporting by political issues committees of funds spent advocating approval or defeat of a proposed constitutional amendment.

SB 156 -- (Leeper and Borders)(H. NR&Env)(posted)

Companion bill to HB 542, would revise state law to eliminate current prohibition against commencement of construction of a nuclear power facility in Kentucky until the PSC certifies that the US Government has identified and approved a demonstrable technology or means for permanent and terminal disposal of high level nuclear waste.

Proposed amendment to K.R.S. 278.600-610 would instead allow construction of such plants provided that the PSC certifies that the facilities’ plan for disposal of high level nuclear waste is in conformity with the “technology approved by the” US Government and that the cost of disposal can be calculated in order that an accurate economic assessment can be completed.

Public concern with the contribution of fossil fuel-generated electricity has breathed new life into the nuclear power industry, which accounts for some 20% of the national electricity generation but which has seen little licensing activity or new capital investment in decades. The issue has split the environmental community as well, with some rethinking nuclear energy as an alternative that in the generation of power releases no greenhouse gases.

KRC believes that the policy discussion should be joined in our Commonwealth concerning the role, if any, of nuclear power, and assessment of the comparative footprints and health and environmental risks associated of various energy sources for the life cycle of the fuels and energy generation (including extraction and beneficiation/enrichment of the ores, disposal of tailings, aqueous and rod wastes; mining, processing of coal, including emissions of radionuclides associated with combustion of pulverized coal from traditional coal-fired plants and from resulting ash, and other life-cycle impacts of the fuel choices).

KRC does not, however, support revision of state law that would remove the requirement that permanent disposal for spent aqueous wastes and core rods be in operation prior to construction of any nuclear facilities in the Commonwealth, since indefinite on-site storage in dry casks and pools of spent wastes at existing facilities is not a responsible surrogate for permanent disposal, and elevates risks of accidental or intentional releases.

Bill passed the Senate 23-12.

SB 165 + (Leeper)(H. A&R)

Would establish the “Kentucky Bluegrass Turns Green Program” concentrating on energy demand-side management. KRC will be talking with Senator Leeper on melding these concepts with HB 2.

SB 196 (Smith and others)(To Governor)

Would amend existing Kentucky Recreation Trails Authority to increase membership and expand powers to improve recreational facilities on lands with recreational land use agreements. The expanded membership is weighted towards ATV and motorcycle users and does not comparably increase representation by other types of recreational users.

KRC prepared a memo on liability issues associated with the bill, and in response, House Floor Amendment. 3 was adopted, clarifying that landowners receive limited immunity from liability for dangerous conditions but not blanket immunity as the initial bill had provided.

SB 213 + (Jones) (H. NR & Env)

Would modify mine safety laws to require posting of GPS locations for evacuation sites for air evacuation of injured miners from minesites.

SB 242 (Gibson) (To Governor)

Creates a state beekeeping fund within the Department of Agriculture to assist in promoting, improving and protecting the beekeeping industry in Kentucky.

SB 243 (Ridley and others)(To Governor)

Would include wastes from coal gasification into the category of “special wastes.”

KRC had concerns regarding the bill, which were addressed in a committee substitute that KRC negotiated with representatives of a gasification company and the Cabinet. The typical by-products of the gasification of coal or petcoke or a mixture of the two under conditions where the solid byproducts are vitrified, are a coarse fraction known as "FRIT" and a carbonaceous fines fraction or (CFF). The CFF fraction has a high heating value and is typically recycled through the gasifier as a fuel source to improve coal utilization.

Testing using ASTM Synthetic Precipitation Leaching Procedure and TCLP conducted on CFF reflects leaching potential for a number of metals and compounds above water quality standards including boron, cadmium, lead, nickel, selenium, zinc and arsenic. CFF is typically recycled into the gasifier. Due probably to the higher surface area ratio, CFF leaches constituents of concern at greater amounts than larger particles of vitrified frit.

The committee substitute gives the Cabinet a gatekeeper role of reviewing appropriate testing data and then approving specific waste streams from a gasification facility based on a demonstration of low hazard. The approach is a sound one, since there is fairly little data on leaching characteristics of IGCC coal gasification wastes and some of the IGCC processes do not result in the same degree of vitrification of the wastes as others.

Senate Resolutions

SJR 72 + (Jones)(H. NR&Env)

Would direct the Environmental and Public Protection Cabinet to require emergency action plans for all high and significant hazard impoundments. Senate counterpart to House Joint Resolution 60.

The committee substitute to the bill maintains the requirement for development of an emergency action plan but provides greater clarity in terms of the timeframes and requirements for the plans, and limits plan development to high hazard potential impoundments where failure could cause loss of human life. KRC appreciates the good faith work of both the Kentucky Coal Association and Farm Bureau in assisting in the development of this consensus bill.

SJR 76 + (Harper Angel)(To Governor)

Would require Environmental and Public Protection Cabinet to submit a report to the LRC relating to electronic waste disposal and recycling.

House Bills

HB 2 + + (Adkins)(S. A&R)

Comprehensive energy bill providing an array of incentives for installation of renewables and for energy efficiency, broadening Kentucky River Authority mandate to include hydro, providing tax incentives for construction of ENERGY STAR homes, creating a mandate for high performance buildings for state owned and leased buildings, and directing a study on renewable portfolio standards and public system benefit funds.

HB 3 (Marzian, Jenkins) (S. State & Local Govt)

Would require Governor to achieve all possible gender equity in board and commission appointments.

HB 18 (Owens, Cherry, Larry Clark) (To House For Concurrence)

Would eliminate gubernatorial primary runoff elections.

HB 31 (Wilkey) (S. Judiciary)

Would establish process for expungement of criminal records for Class D felonies.

HB 55 (Burch) (S. Judiciary)

Would require booster seats for children under 8 years old and between 40 and 57 inches in height and specify penalties.

HB 70 (Owens, Crenshaw) (H. Rules)

Would amend state constitution to provide for automatic restoration of voting rights to felons on completion of sentence.

HB 83 (Yonts) (To Governor)

Would amend existing law on water districts to revise manner in which districts can extend services and composition and manner of selection of boards.

HB 88 (Simpson) (To Governor)

Would extend authority to eliminate public nuisances presently held by cities of the first, second classes and consolidated local governments, to third and fourth-class cities

HB 91 (Cherry) (House Refused To Concur In Senate Amendments)

Would define "harassment, intimidation, or bullying" and require school districts to adopt policies for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student. Senate modifications to the bill will be reviewed by the House – the sponsor has indicated that he does not oppose those changes.

HB 98 (Denham) (S. Ag & Nr)

Would create and define a crime of agroterrorism against an agricultural facility or product.

HB 106 (Denham) (S. Rules - Consent)

Would require junkyards and other purchasers of ferrous and nonferrous metals and objects containing ferrous and nonferrous metals to keep records of transactions and criminalize failure to maintain a register of purchases of metals and objects containing metal.

HB 119 (Simpson) (S. Judiciary)

Would amend code enforcement board statute to establish schedule for civil penalties for code violations.

HB 124 (Westrom) (S. Rules)

Amends existing laws on certification of landscape architects

HB 134 (Cherry) (S. State & Local Govt)

Would amend Executive Branch Ethics statutes to include unpaid executive officers under code, and make changes in personnel laws relating to merit employee protection.

HB 192 -- (Lee and others)

Senator David Boswell (D - Owensboro) has filed Senate Floor Amendment 1 to HB 192, adding the perennial "cut public trees for billboard visibility" bill to a House Bill relating to transportation. The floor amendment fails to distinguish permitted from nonconforming billboards (the latter are supposed to be removed), does not allow cities to control whether trees should or shouldnot be cut within their boundaries, would allow cutting down of trees that were planted as part of highway beautification efforts, and allows public property to be destroyed in order to give the billboard industry something they have no right to under law - the right to distract the motoring public with commercial messages.

HB 216 (Wayne) (S. Judiciary)

Would require that proceeds from donated easements that are part of the Purchase of Agricultural Conservation Easements (PACE) Program be paid to donor or donor's heirs after the easement is terminated.

HB 233 + (Simpson, Gooch & Santoro) (To Governor)

Original bill would have allowed a plastic container with a barrier layer to be coded as a “1” rather than a “7” if the resin layer “is compatible with or removed from the recycling stream,” and as a “7” if it is “not compatible for the purposes of recycling.

KRC was concerned that the coding of a multi-layer bottle containing a nylon barrier layer as a "1" will have a negative effect on the plastics recycling industry.

KRC proposed alternative language that allows the coding of containers with barrier layers with the predominant resin if the manufacturer demonstrated that it had conducted the studies required by the Association for Postconsumer Plastic Recycling (APR) and had received a “compatibility letter” indicating that the container would not adversely affect the existing recycling stream. The parties approved the proposal and it was approved by the Committee as House Committee Substitute to the bill. KRC’s approach recognizes that innovation in packaging is occurring yet assures that the existing recycling framework is not disrupted by packaging that is not designed with recyclability in mind.

HB 250 (Cherry, Vincent) (To Conference)

Comprehensive reform of executive branch ethics code to include new restrictions on acceptance of awards and use of state time for certain purposes, on acceptance of donations to defense funds, and extending scope of persons covered by code.

HB 251 (Yonts) (S. State & Local Govt)

Would revise government contract review and reporting requirements, particularly with respect to higher education institutions.

HB 292 (McKee) (S. Ag NR)

Amends statutes governing agricultural districts to tighten standards for creation of an agricultural district, to provide for periodic reviews of districts of 10 acres of less, and to require compliance with conservation plans in order to receive lower agricultural tax assessment.

HB 313 + (Moberly, Pasley, Pullin)(S. Ag&NR)

Would amend net metering law to broaden availability of net metering of renewable power onto the electric grid to include wind, biomass, biogas, and hydro, as well as solar, and would establish a statewide interconnection and net metering standard. Committee substitute was approved with no dissenting vote, and increases eligible generation to 50kW from 15, and increases cumulative cap from .1 to 1%.

HB 319 + (Edmonds and Rader) (S. Rules - Consent)

Would allow for voluntary agreements between property owners and local government for demolition of dilapidated buildings.

The original bill would have allowed the property owner and county to agree on who would bear responsibility and liability for any potential environmental contamination.

Language was included at KRC’s request removing that language and replacing it with language clarifying that the parties can contract as to who would bear responsibility for disposal of the demolition wastes, asbestos and other materials, and that the disposition would be consistent with K.R.S. Chapter 224.

HB 322 (Simpson) (S. Rules - Consent)

Amends Chapter 100 regarding land use planning to provide that legislative bodies must act on proposed comprehensive plan goals and objectives within 90 days of transmittal from a planning commission or those goals and objectives are deemed adopted.

HB 330 (Horlander and others) (To Governor)

Amends open meetings law to allow notices of special meetings to be sent by email to agency members and media organizations that have requested such a method of notice rather than by fax or regular mail. Posting of written notice of special meetings is still required 24-hours before the meeting.

Bill would be improved by requiring posting of electronic notice of special meetings on the websites of those agencies in addition to posting written notice in the building, and KRC will be talking with the interested parties and the sponsor about an amendment to do so next session.

HB 406 (Moberly and others)(To Conference Committee)

KRC has provided a range of suggested revisions to the House-passed budget in order to more fully capture the costs of processing permits and authorizations, to restore general fund cuts proposed by the Governor, and other changes, and will be working to have those changes included.

HB 434 + (Damron)(S. Ag NR)

Would direct the Cabinet for Health and Family Services to establish standards for remediation of mold in private and public settings.

HB 484 + (Butler & Hoffman) (To House For Concurrence)

Would require governing board of higher education institutions to purchase Kentucky-grown agricultural products if available. Extends a purchasing preference already in effect for state agencies under Chapter 45A.

HB 486 (Simpson) (S. State & Local Govt)

Defines which entity is the “Executive Authority” for purposes of code enforcement boards.

HB 491 (Rasche and others) (S. A&R)

Would create a Water Transportation Advisory Board to advise state government on matters relating to water transportation and marketing of riverports.

HB 506 (Wilkey)(S. State & Local Govt)

Establishes rules governing annexation by a city of areas including city-owned utility infrastructure.

HB 520 + (Stumbo) (H. Rules, recommitted to H. A&R)

Counterpart of SB 166, would provide a cash payment and educational scholarship from the general fund portion of coal severance taxes, for the surviving spouse and children of any coal miner who dies as a result of a occupational accident.

HB 532 (Nesler and others)(H. Rules, Recommitted to H.A&R)

Would provide corporate income tax credits of up to $4,500 per track mile for maintenance and improvement of railroad tracks, bridges for short-line railroads, capped at 50%, and capped in any year at $1 million in the aggregate, and up to 25% for grade crossing improvements; and 1 25% credit for expenditures for expansion or upgrading of track to accommodate transportation of fossil energy resources and biomass.

Ground freight transportation accounts for a significant amount of fuel use and pollution from carbon dioxide, particulate matter and nitrogen oxide. With 85 percent of the total value and 66 percent of the total weight of US cargo carried by heavy-duty diesel freight trucking, trucks annually emit 32% of transportation NOx, 27% of transportation PM, and 18% of transportation carbon dioxide. With railroad carrying 4% of the value and 16% of the total weight of US cargo, railroad freight locomotives account for 8% of the transportation NOx, 4% of the transportation PM and 2% of the transportation CO2.

KRC will be talking with the advocates for the bill regarding the possibility of focusing tax credits instead on those investments that are not part of routine maintenance and which are of direct environmental benefit, such as investments made in new generation diesel locomotives, reductions of emissions from switch yard equipment, and other investments that could accelerate retrofitting and remanufacturing of engines to reduce PM and other pollutants, utilization of cleaner fuels, and other strategies to reduce idling and improve efficiency.

HB 576 (Collins and others)(S. Ag&NR)

Amends process for random selection of applications for permits to take wild elk.

HB 592 + (Hall and others)(H. Rules, Recommitted to H.A&R)

Bill would create a “Kentucky Worker Opportunity Credit” creating a tax credit for employers hiring regular and long-term welfare recipients; and a Kentucky Earned Income Tax Credit seeking to allow the poorest workers in the state an additional credit of 5% of the federal EITC, providing a return of $30 million to Kentucky’s poorest workers.

Bill is supported by a broad coalition of business and nonprofit organizations, and KRC is proud to support the bill.

HB 603 (Edmonds)(S. State & Local Govt)

Bill encouraging county consolidation, outlining process and providing incentives to do so.

HB 604 (Meeks)(To Senate)

Would require state agencies to report on amount of waste materials recycled.

HB 613 -- (Hall)(S. Eco Dev. Tourism & Labor)

Would establish a system to permit off-road and ATVs on public lands, including state wildlife management areas, using Fishtrap Lake as a pilot project. Motorized ORV use in wildlife management areas and certain other public lands could compromise the use of those lands for other recreation or wildlife purposes. Public and resource agency input is needed in identification of which lands would be appropriate. Additionally, when coupled with the proposed change in Senate Bill 196 to increase disproportionately the representation of motorcycle and motorized ORV users on the Recreational Trails Authority, KRC is concerned that the advocacy of use of public lands for that limited class of users will be advanced without adequate consideration of the range of other less intrusive uses.

HB 618 (Adams & McKee)(To Governor)

Would amend existing law relating to out of season killing or trapping by landowners of damage-causing wildlife.

HB 626 (Denham and others)(S. Rules - Consent)

Would amend current law relating to the Kentucky Proud agricultural promotion program.

HB 630 (Henderson)(S. Ag&NR)

Would allow conservation officers and other peace officers to assist in enforcement of ginseng laws and create licensing process for ginseng.

HB 637 (Denham & Webb)(S. AgNR)

Would restrict drug use on noncaptive wildlife and make several other changes in fish and wildlife laws addressing issuance of short-term hunting and complimentary licenses.

HB 649 (Webb-Edgington and others) (Senate - Consent)

Revises existing law concerning the notification system for prevention of damage to underground pipelines and cables from excavation

HB 675 (McKee and R. Adams) (Senate - Consent)

Would revise functions and membership of the Kentucky Agriculture Resources Development Authority.

HB 689 (Pasley and others)(S. Transp)

Would create a Kentucky Public Transportation Infrastructure Authority empowered to facilitate financing of major transportation projects and to own those projects, with the power to issue revenue bonds and impose tolls.

HB 690 (Rand) (Senate - Consent)

Would authorize creation of “natural gas acquisition authorities” to acquire supplies of natural gas for municipal utilities and contract for their sale.

HB 698 (Coursey)(S. Rules)

Would exempt from definition of coal processing, for purposes of imposition of the coal severance tax, the use of electromagnetic energy on coal to reduce moisture, ash, sulfur or mercury in the coal.

HB 717 + (Adkins, Webb)(Senate - Consent)

Would amend existing laws concerning implementation of mitigation projects using in-lieu fees paid under the Section 404 program to create local stream restoration and mitigation authorities. KRC worked with other stakeholders to revise concept and produced a committee substitute that provides for greater local input on water resource restoration and mitigation projects.

HB 765 + (Pullin) (S. Rules - Consent)

Revises current law on remediation of methamphetamine contaminated properties to provide for development of regulations on decontamination standards, sample collection, response responsibility, to clarify the types of financial assurance available; and to provide for disclosure to purchasers or lessees of the status of any property that has been used as a meth lab but not remediated under the standards of the law.

HB 767 (Adkins and others) (S. Eco Dev, Tourism & Labor)

Authorizes Kentucky Economic Development Finance Authority to award tax incentives for one pilot project involving construction of an IGCC plant with advanced carbon capture and storage with a rated capacity of 300 mW proposed by a partnership of investor-owned utilities and with funding from DOE under the FutureGen or FutureGen replacement funding program.

House Resolutions

HJR 6 (Marzian) (S. Education)

Would create study group to develop Holocaust curriculum guidance for schools.

HJR 54 + (Pasley, Moberly, and others)(S.AgNR)

Resolution encouraging U.S. Army Corps of Engineers to promote private investment in the installation of hydroelectric generating units on all existing dams within and abutting the Commonwealth of Kentucky under its jurisdiction, by developing a memorandum of agreement with other federal and state agencies for prioritization of review and action on applications to install hydroelectric generating units.

HJR 68 (McKee and others)(Senate - Consent)

Resolution would reauthorize the Kentucky Aquaculture Task Force and require an updated state plan by November 1, 2008.

HJR 81 (Moberly and others)(S. A&R)

Would provide that the mandates and directives of the 2008-10 Executive Branch Budget have the effect of law.

HR 91 (Wayne and Clark)(To Floor)

Would urge Congress to encourage EPA to establish standards for certification of conversion kits to allow use of vegetable oil for diesel engines.

HCR 93 (Webb & Osborne)(Senate - Consent)

Would reauthorize the Land Stewardship and Conservation Task Force.

HR 125 + (Pullin & Vincent) (S. Transp)

Resolution urging Congress to fund the upgrade and maintenance of locks and dams on the Ohio River.

KRC would recommend broadening the resolution to urge Congress to fully fund repair and replacement on Dam 10 on the Kentucky River and the Rochester Dam on the Green River.

HJR 153 (Overly, Pullin)(S. AgNR)

Directs the Kentucky Recreational Trails Authority to study ways to increase adventure ATV ridership and reduce ATV trespass.

www.growinglouisvillegreen.com

KRC Asks Senators to Oppose Amendment Allowing Public Trees To Be Cut For Billboard Visibility

2008-03-30T10:04:00.000-07:00

KRC Asks Senators to Oppose Amendment Allowing Public Trees To Be Cut For Billboard Visibility Posted: March 29, 2008
March 28, 2008

Dear Senator:

I'm writing to ask that you oppose the Senate floor amendment to HB 192. The amendment would attach most of House Bill 582 – this year’s version of the bill authorizing cutting down of public right-of-way trees to assure billboard visibility. SFA 1 to HB 192:

* fails to distinguish permitted from nonconforming billboards (the latter category are supposed to be removed);

* does not allow cities to control whether trees should or should not be cut on rights-of-way of highways located in their boundaries;

* would allow the cutting down of trees and bushes that were planted as part of a highway beautification effort, in addition to volunteer trees that have grown;

* allows destruction of public property to assure the billboard industry something that by law they have no right to - the distraction of the motoring public for commercial purposes.

Thank you for your consideration of these concerns.

Cordially,

Tom FitzGerald

Green Alternatives for Louisville: From Straw Bale and Natural Building to Zoning Reform and Green Politics. A Lunch and Learn Event. Please forward,

2008-03-22T10:22:00.000-07:00

What: Green Alternatives for Louisville:

From Straw Bale and Natural Building to Zoning Reform and Green Politics - A Lunch and Learn Event

When: Thursday, March 27, Noon to 2 PM.

Who: Matt Martin of Alternative Green Solutions

Where: Adena Center at Webster University Louisville, KY Campus Directions: I-71 Exit 2, Zorn Ave. @ River Rd behind BP to the Galen Buiding, Second Floor. (Map)

Cost: Free and open to the public. Donations welcome. $5 requested for a light lunch buffet.

Please RSVP: To 502 410-2786 or communitybiz@yahoo.com

How can owners and builders successfully adopt low-cost natural building techniques such as straw bale?

What changes in state and local building and zoning law are needed to support straw bale and other natural building techniques? We'll get an up-date on the progress of these measures in the 2008 Kentucky legislative session.

What can citizens do to learn to work together for green and sustainable practices and politics in our community?

Matt Martin is the co-founder of Alternative Green Solutions, a green building and energy company, and Growing Louisville Green, a community networking project on green policy and practice.

Alternative Green Solutions is also sponsoring a series of hands-on straw bale building workshops in March and April, 2008. Participants in these workshops are eligible for continuing education credit though the Sustainability Studies program of the Adena Center at Webster University. Students enrolled in the Adena Sustainability Studies Program will get scholarship support and are eligible for a 50% discount on the course cost. www.sustainabilityeducation.blogspot.com

Links:

www.enpoweredhome.com

Sustainable Business Networks www.sustainablebusinessnetworks.blogspot.com

Adena Center www.adenacenter.blogspot.com

Interested in learning more about local sustainability? Join the conversation! Go to http://groups.google.com/group/sustainabilityeducation and sign up for regular news and discussion on how to "go green" in Louisville and beyond.

This Workshop qualifies for CEU credit for the Program in Sustainability Studies of the Adena Center at Webster University. If you would like to apply for CEU credit for this course or for the Certificate in Sustainability, please contact adena@webster.edu

More Information: www.sustainabilityeducation.blogspot.com

About the Living and Learning for Sustainability series

This event is sponsored by the Sustainable Business Networks project,(www.sustainablebusinessnetworks.blogspot.com, helping to build the Business Alliance for Local Living Economies www.livingeconomies.org.

Join us for Earth Week with Judy Wicks and the Second Annual Green and Local Business Conference, April 20 and 21, 2008!

KRC and Citizens Coal Council Challenge OSM Rule Weakening Permit Block Sanction Against Mining Law Violators

2008-03-18T10:16:00.000-07:00

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KRC and Citizens Coal Council Challenge OSM Rule Weakening Permit Block Sanction Against Mining Law Violators Posted: March 17, 2008

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

CITIZENS COAL COUNCIL,
Post Office Box 964
Washington, PA 15301,

and

KENTUCKY RESOURCES COUNCIL, INC.,
Post Office Box 1070
Frankfort, KY 40602
Plaintiffs-Petitioners,

v.

DIRK KEMPTHORNE,
Secretary of the Interior,
1849 C Street N.W.,
Washington DC 20240,
Defendant.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF,
AND PETITION FOR REVIEW

Introduction

1. This suit challenges the December 3, 2007, final action of Dirk Kempthorne, the Secretary of the Interior (the “Secretary”), promulgating regulations pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328 (“SMCRA”). See 72 Fed. Reg. 68,000-31 (Dec. 3, 2007) (hereinafter “the ownership or control rulemaking”). The Secretary’s rulemaking arbitrarily and capriciously rescinded important provisions of the Secretary’s prior rules on the nature and scope of SMCRA’s “permit block” sanction, the text of which states:

The applicant shall file with his permit application a schedule listing any and all notices of violations of this chapter and any law, rule, or regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period prior to the date of application.

The schedule shall also indicate the final resolution of any such notice of violation. Where the schedule or other information available to the regulatory authorityindicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this chapter or such other laws referred to [in] this subsection, the permit shall not be issued until the applicant submits proof that such violation has been corrected or is in the process of being corrected to the satisfaction of the regulatory authority, department, or agency which has jurisdiction over such violation . . . .

30 U.S.C. § 1260(c).

2. Congress enacted the permit block sanction as part of “a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations,” 30 U.S.C. § 1202(a).

3. In establishing that program, Congress meant, among other things, to “assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from such operations,” and to “assure that surface coal mining operations are so conducted as to protect the environment,” 30 U.S.C. § 1202(b) and (d).

4. The permit block sanction advances Congress’s purposes by protecting persons who live or recreate in America’s coalfields from (a) continued damage to their interests as the result of each ongoing violation of SMCRA which affects them and (b) new or additional damage to their interests as the result of each new violation that scofflaw coal operators might otherwise commit after obtaining new or significantly revised mining permits for areas that such operators have not previously affected.

5. Over the years since SMCRA’s enactment, the Secretary and citizens of America’s coalfields have used the “permit block” sanction to compel major coal operators in the United States to reclaim lands which so-called “contract operators” abandoned after mining coal at the behest of larger companies that actually controlled the manner in which the contract operator conducted surface coal mining operations, disposed of the coal produced, or both.

6. The regulatory changes promulgated on December 3, 2007, unlawfully narrow the reach of the permit block sanction, irrationally complicate its implementation by regulators and the public, and allow permit applicants to obscure information needed to detect ongoing violations of permit applicants and properly invoke the remedy.

Jurisdiction and Venue

7. This Court has jurisdiction of this action pursuant to 30 U.S.C. § 1276(a)(1) (judicial review of national rulemaking under SMCRA), as well as 28 U.S.C. § 1331(a) (federal question) and 28 U.S.C. § 1361 (mandamus). This Court may issue a declaratory judgment and grant further relief pursuant to 30 U.S.C. § 1276(b) and 28 U.S.C. §§2201 and 2202. Plaintiffs have a right to bring this action pursuant to 30 U.S.C. § 1276(a)(1) and the Administrative Procedure Act, 5 U.S.C. §§701 to 706. Review is properly conducted pursuant to 5 U.S.C. § 701 et seq. (Administrative Procedure Act) and 30 U.S.C. § 1276(a)(1) (SMCRA).

8. Venue is properly before this Court under 28 U.S.C. § 1391(e). With respect to allegations under SMCRA, venue lies only in this Court pursuant to 30 U.S.C. § 1276(a).

9. There is a present and actual controversy between the parties to this action. Plaintiffs have exhausted their administrative remedies and have no adequate remedy at law.

Parties

10. Plaintiff Citizens Coal Council (“CCC”) is a nonprofit corporation existing under the laws of Pennsylvania. CCC is a nationwide association of grassroots citizens’ organizations and individuals who reside in or visit America’s coalfields. CCC’s mission is to protect resources, including the homes, farms, businesses, and water supplies of its individual members, through advocacy of full compliance with all environmental laws pertaining to coal mining.

11. Plaintiff Kentucky Resources Council, Inc., (“KRC”) is a nonprofit membership organization incorporated under the laws of the Commonwealth of Kentucky and dedicated to prudent use and conservation of the natural resources of the state.

12. KRC and its members have as a particular focus of their advocacy efforts the minimization of the adverse impacts of coal extraction on land, water resources and public health and safety.

13. KRC members include individuals residing in the coalfields of Kentucky in areas where coal mining occurs, or is currently planned, or may occur in future. Unless properly regulated in accordance with SMCRA, surface coal mining operations threaten to adversely affect these members property and aesthetic interests.

14. Numerous individual CCC and KRC members depend upon the permit block sanction to protect their interests – as residents of, or visitors to, America’s coalfields – from damage as the result of additional violations of SMCRA or other federal environmental statutes committed by scofflaw coal operators who own or control mines that are already in violation of environmental laws.

15. CCC, KRC, and their members suffer and will continue to suffer injury in fact as the result of the Secretary’s December 3, 2007, ownership or control rulemaking because they will be deprived of the full scope of protection that Congress intended the permit block sanction to afford to citizens and visitors to America’s coalfields, because they will be less able to invoke the permit block sanction effectively where it is warranted, and because they will be less able to detect whether applicants for permits to conduct proposed surface coal mining operations that will affect their interests are owned or controlled by scofflaw coal operators.

16. Plaintiff organizations and their members participated in the rulemaking procedures which preceded the Secretary’s promulgation of the December 3, 2007, ownership or control rules, including submission of written comments on the proposed regulations prior to the close of the comment period provided by the Secretary.

17. Plaintiffs have participated in the permitting process for individual coal mines on behalf of themselves and their members, and have provided information about the need to preserve the permit block sanction in full force and to implement it properly.

18. CCC and KRC have each invoked the permit block sanction on behalf of their members to compel scofflaw coal operators to correct numerous ongoing violations of SMCRA and other federal environmental statutes, the validity of which was no longer subject to administrative or judicial review.

19. CCC and KRC bring this action on behalf of their members as well as themselves.

20. The interests of CCC, KRC, and their members are within the zone of interests protected by the Administrative Procedure Act and SMCRA.

21. Defendant Dirk Kempthorne is the Secretary of the Interior. He resides officially in Washington, D.C. Plaintiffs sue him in his official capacity. The Secretary is responsible for implementing all statutes, regulations, and programs administered by the United States Department of the Interior and its constituent agencies.

22. The Secretary, acting through the Office of Surface Mining Reclamation and Enforcement (“OSM”), has a statutory mandate to promulgate national regulations implementing SMCRA, including regulations that implement the permit block sanction.

23. The Secretary is also charged with the responsibility of complying with the Administrative Procedure Act.

Facts

24. After a number of preliminary rulemaking efforts, OSM published on October 10, 2006, the proposed rules which led directly to the agency’s December 3, 2007, ownership or control rulemaking.

25. On December 11, 2006, prior to deadline which the Secretary established for submission of comments on the October 10, 2006, proposed rules, CCC and KRC jointly submitted comments on OSM’s proposed rule changes.

26. Among other things, CCC and KRC commented that adoption of numerous proposed rule changes would be arbitrary, capricious, or inconsistent with SMCRA, the Administrative Procedure Act, or both.

27. Despite the comments that CCC and KRC submitted, the Secretary on December 3, 2007, promulgated a final rule that adopted most of the provisions that CCC and KRC opposed.

Claims for Relief

Count I

28. Plaintiffs reassert and reallege Paragraphs 1 through 27 of this complaint. The Secretary’s December 3, 2007, ownership or control rulemaking violates SMCRA and the Administrative Procedure Act in numerous respects, including but not limited to the following:

a. the Secretary failed to place in the public record of the ownership or control rulemaking various documents pertaining to his settlement of prior litigation with the National Mining Association (“NMA”), including the settlement agreements themselves, every draft of the agreements, every item of correspondence relating to the settlement, and every note or memorandum of communications relating to the settlement, even though the settlement triggered and governed the rulemaking proceedings which culminated in the December 3, 2007, final rule;

b. the Secretary did not, after first supplementing the public record as requested, reopen the comment period to solicit further comments regarding any “actual basis” for the rulemaking and any prejudgment of its outcome;

c. the Secretary’s deletion from the regulatory definition of “control or controller” of specific examples of that status, such as general partners in a partnership and persons who have the ability to commit financial or real property assets contravenes the requirements of 30 U.S.C. § 1260(c) and contradicts his previous interpretation of the term without establishing a rational basis for the change;

d. the Secretary’s rescission of the requirement that regulatory authorities recognize as “owners” all persons (other than “owners of record”) “possessing or controlling” in excess of 50 percent of an entity’s ownership instruments contravenes the requirements of 30 U.S.C. § 1260(c) and contradicts his previous interpretation of the term without establishing a rational basis for the change;

e. the Secretary’s limitation of a regulatory authority's “downstream” reach under the definition of “own, owner, or ownership”(i) rests upon an error of statutory and regulatory interpretation, (ii) lacks any factual basis or reasoned analysis, (iii) contradicts the Secretary’s earlier interpretation of 30 U.S.C. § 1260(c) without presenting any new information or occurrence that might justify or support the proposed change, and (iv) betrays rather than implements the remedial purpose that underlies the statutory mandate to withhold new or significantly revised mining permits from applicants who own entities that are responsible for uncorrected regulatory violations;

f. the Secretary’s redefinition of the term “transfer, assignment, or sale of permit rights” to exclude changes in “effective control” of an existing permittee, and to include only a change in the entity which actually holds a particular mining permit, unlawfully renders regulatory authorities powerless to invoke the permit block sanction to prevent a scofflaw coal operator from obtaining permit rights from others and then continuing to conduct surface coal mining operations while the scofflaw operator’s ongoing violations of SMCRA or other environmental laws go unremedied;

g. the Secretary’s rescission of the requirement that permit applicants identify each of their owners and controllers unlawfully abrogates each permit applicant’s duty to provide information necessary to effective implementation of the permit block sanction, and thus unlawfully sacrifices the agency’s effective implementation of 30 U.S.C. § 1260(c) for the improper purpose of making the regulated community’s workload a bit lighter;

h. the Secretary’s removal from several regulations of provisions that require posting on the Internet of information regarding implementation of SMCRA’s ownership or control provisions unlawfully contradicts his previous determination of the need for such provisions without establishing a rational basis for the change;

i. the Secretary’s amendment of 30 U.S.C. § 774.11 to “clarify” when OSM may actually use ownership or control findings to impose the permit block sanction unlawfully creates an automatic stay of agency action pending administrative review, in direct conflict with the provisions of 30 U.S.C. §§ 1264(d), 1275(c), and their state law counterparts, all of which authorize temporary relief from the action of SMCRA regulatory authorities pending administrative review only upon the challenging party’s satisfaction of three specific criteria for such relief;

j. the Secretary’s rescission of the requirement that each permit applicant identify the person or persons responsible for filing Form OSM-1 for a proposed surface coal mining operation contradicts his previous regulation on the issue without establishing a rational basis for the change; and

k. the Secretary’s rescission of the requirement that regulatory authorities refer certain matters for so-called “alternative enforcement action”conflicts with the statutory mandate that the Secretary acknowledged when he first established that requirement, without any showing of a rational basis for the proposed rescission.

Count Two

29. CCC and KRC reassert and reallege Paragraphs 1 through 28 of this complaint.

30. The Secretary failed to address adequately or to respond to significant problems or matters that were raised in comments made on the proposed rules.

Prayer for Relief

CCC and KRC respectfully request that this Court:

A. Declare that the portions of the December 3, 2007, ownership or control rulemaking identified in Paragraph 28 of this complaint violate SMCRA;

B. Declare that the portions of the December 3, 2007, ownership or control rulemaking identified in Paragraph 28 of this complaint are arbitrary, capricious, an abuse of discretion, or otherwise inconsistent with law, in violation of the Administrative Procedure Act;

C. Enter an order expressly vacating the portions of the December 3, 2007, ownership or control rulemaking identified in Paragraph 28 of this complaint;

D. Enjoin the Secretary and those acting under his authority from implementing the portions of the December 3, 2007, ownership or control rulemaking identified in Paragraph 28 of this complaint in any manner, including but not limited to approval of any state program amendment that which would implement any of the unlawful regulatory changes identified in Paragraph 28 of this complaint;

E. Enter an order compelling the Secretary to review all approved state regulatory programs under SMCRA and to require any change necessary in each program to ensure that the state regulatory authority will implement the permit block sanction consistently with the Secretary’s regulations as they stand following the requested vacatur of the unlawful portions of the December 3, 2007, ownership or control rulemaking;

F. Award Plaintiffs their costs, disbursements, and reasonable attorneys' fees; and

G. Grant such other relief as the Court deems just and appropriate.

Respectfully submitted,
James Dougherty
D.C. Bar No. 939538
709 3rd Street SW
Washington, D.C. 20004
(202) 488-1140

LSF LOUISVILLE SUSTAINABILITY FORUM UPDATES

2008-03-16T21:15:00.000-07:00

LSF Louisville Sustainability Forum Updates

LSF Louisville Sustainability Forum
Sponsored by Heine Brothers' Coffee, Earth & Spirit Center, Howard Mason, and Jan Pfeifer

April ?
12 noon to 1:45 pm

Join us at the Barn behind St. Agnes Church and the Passionist Monastery, 1924 Newburg Rd.

Park in the St. Agnes Church lot and walk behind the church to the barn.

Please be mindful that the Barn is used for a meditation class just before the meeting
and is open for LSF use only after 11:30am.

The program for April is yet to be confirmed

You are invited to bring your lunch, and/or bring (any amount of) food to share with others: fruit, bagels, veggies, crackers, cheese & spreads for snacking. Heine Brothers will provide coffee.

Still seeking 5 minute presenters, greeters, food, set up, & clean up help

The purpose of the Louisville Sustainability Forum
1. We hold and promote the intention of sustainability for Louisville.
2. We establish and nourish relationships that strengthen community and create change.
3   We create a space for discussion that inspires, motivates and deepens our ability to catalyze social change.

LSF Louisville Sustainability Forum Updates

If you have an update to share with the
LSF mailing list or wish to be added to
the LSF mailing list please email
Doug Lowry
dwiredlow@aol.com
619-1819

1) Sustainable Clifton Social Group-Meet Eat and Socialize
    Sunday March 16 6-7:30

2) Building a Sustainable Presence in Local Politics- Pland and Take Political Action
    Meeting again Tuesday March 18 7:30-8:30 am

3) Stream Saver Bill Update from KFTC- Thank those legislators who acted in support

4)  Investing in Sustainable Food Systems Worldwide- Give Input in Global Investing

5) Sustainable Urban Forests- Complete Survey for Organization Represenatives

1) Sustainable Clifton Social Group
Our potluck will be 6-7:30 pm this Sunday March 16 at the Clifton Center (right
after the ecological group meeting in the same place). It's on Clifton between
Payne and Frankfort, behind Caffe Classico. We'll chat and eat and discuss some
of our ideas for creating a more social neighborhood.

Please bring any and all ideas, and some friends and family, too, enough food
for your party + three. We'll talk about what we like, what we'd like to change,
and what groups of people you feel like you want to connect with but don't know
how. We'll discuss the Social aspect ties in with the rest of Sustainable
Clifton/ Gaia Education activities. We'll finish at 7:30 on the dot.

For those who can't make it, it would be great if you sent along your ideas by
e-mail so we can make sure they're not left out. We'll move the meeting days and
times around so that everyone has a chance to participate.

PLEASE RSVP to jenniferola@wildmail.com

2. Building a Sustainable Presence in Local Politics

Meeting again Tuesday March 18 7:30-8:30 am
Heine Bros Eastern Pkway at Bardstown Road

Please join us and or indicate your interest by email.

We are working to connect with folks who touch sustainability from any number of portals.Our goal is to build a consistent sustainability presence in local politics. Who you know know who that would help represent this key interest area and help network with others who want to impact Louisville Metro Council members and the Jefferson County Legislative Delegation in particular, but other elected officials and other public policy arenas as well?

We are looking at vetting candidates for the upcoming primaries and offering a green view of those running for office. A first step is to develop a candidate response form based on issues important to Jefferson County residents. We need your input. If you have members you know who might help us work toward consistent cohesive political action on behalf of sustainability, please forward this email and invite them to attend Tuesday March 18 at 7:30 a.m. or email togooglemeplease@aol.com or tecoyah@gmail.com for more information.

Also looking for liaisons in each Metro Council District as well as Jefferson County House and Senate members. Who can call email visit or write consistently regarding sustainabilty issues or help vet candidates?

Doug Lowry
619-1819

3. Streamsaver Legislation Update

Legislation to stop the dumping of toxic mining wastes into Kentucky's headwater streams fell two votes short of passing the House Appropriations and Revenue Committee Tuesday afternoon. The "stream saver" legislation had 13 favorable votes and only 12 against but did not get the 15 needed to pass when Louisville Reps. Scott Brinkman and Bob DeWeese reneged on commitments to vote for the bill. Both abstained.

After more than four hours of testimony last week, no new testimony was taken Tuesday. But the voted was delayed until mid-afternoon >> while the committee dealt with revenue bills and the budget.

KFTC members are disappointed but were thankful for the courage of Reps. Harry Moberly and Don Pasley to bring the bill before the Appropriations and Revenue Committee. Both pledged to bring the issue up again if the Natural Resources Committee continues to fail to taken water pollution and the burying of streams seriously. As both said, this issue directly affects hundreds of thousands of Kentuckians and it deserves a fair hearing.

Getting this issue a full hearing before a legislative committee is the result of a tremendous amount of work by KFTC members and allies across the state, and in itself is a great step forward. The detailed data provided by scientists as to the damage being done to the state's waterways — and the cost that all Kentuckians pay because of this — opened the eyes of many people in the room, especially since the coal industry could not refute these facts.

In the the end, though, the power of the money, the opposition of House leadership, and the attitude by some legislators that it's OK for eastern Kentucky to be the state's sacrifice area still held sway with many legislators.

Also a disappointment was the No vote by Rep. Larry Clark of Louisville who had expressed support for the measure in conversations with constituents but then said he thought the bill was being heard in the wrong committee.

Here's how they voted:
YES for protecting water: Reps. Royce Adams, Dwight Butler, Jesse Crenshaw, Derrick Graham, Jimmy Higdon, Jimmie Lee, Harry Moberly, Lonnie Napier, Don Pasley, Rick Rand, Charlie Siler, Arnold Simpson, Jim Wayne

NO for continued pollution: Reps. John Arnold, Larry Clark, James Comer, Keith Hall, Rick Nelson, Fred Nesler, Marie Rader, John Will Stacy, John Vincent, Tommy Turner, Robin Webb, Brent Yonts

PASS: Reps. Scott Brinkman, Bob DeWeese, Danny Ford

ABSENT: Rep. Mike Denham
Action:
We are asking that our members leave thank you messages on the Legislative Message Line (800-372-7181) to all those who supported the bill by voting yes.

We especially need to thank Rep. Pasley and Chairman Moberly for championing this bill despite pressure against it from House Leadership and the coal industry. Without their efforts the bill would died in the House Natural Resources committee without a hearing or a vote. If you have a moment, leave them a special message or write them a letter of thanks for their work.

We also need to to call out those who either voted against this bill or refused to vote on it at all. If you live in a district represented by any of these legislators, please leave a message expressing your disappointment with their vote. We need to remind them that their constituents will hold them accountable for how they vote.

Finally, please consider renewing your membership or donating above and beyond your annual dues. It is essential that our work to stop mountaintop removal build on the progress made in the last few weeks. Our work in Frankfort is directly funded by our membership donations. Without your support our ability to work for good legislation would be greatly limited.

4. Sustainable Food System Investment Info

How would you invest $1b to support sustainable food systems worldwide?

Dear COMFOODers,

How would you invest $1 billion to support sustainable food systems worldwide?

The Rockefeller Impact Investing Collaborative (RIIC) intends to catalyze the commitment of $1 billion in patient, sustainable capital over the next three years into what they are calling the "sustainable ag plus" sector. The collaborative consists of a few large foundations in addition to the Rockefeller Foundation, plus some smaller family foundations and institutional investors. Through an interesting turn of events, I am currently managing Phase 1 of the project on behalf of RSF Social Finance, through mid-June of this year. (See below for more info on Terragua and RSF Social Finance.)

This is your chance to influence the outcome of this project! I know that passions run high on this list around the past and present activities of the Rockefeller Foundation in "sustainable ag plus," and it is my intention to do everything I can to represent the combined expertise, connections, and values embodied within the COMFOOD community during my tenure as Project Manager. The definition of "sustainable ag plus" is still up in the air with respect to RIIC, which represents a unique opportunity for us to try to set a really high standard.

I would greatly appreciate your help with leads (names, websites, contact information, etc) to the following types of organizations and/or projects:

1. Businesses, social ventures, or other projects that you would like to see the Rockefeller Impact Investing Collaborative members invest in;

2. Foundations and other investors who are actively investing OR are interested in investing in "sustainable ag plus";

3. Investment intermediaries who are aggregating investment opportunities overseas for foreign investors and/or providing consulting services for investors with no experience in those particular regions;

4. University ag programs, nonprofits/NGOs, or government ag programs that are providing technical or investment assistance to for profit businesses working toward sustainable food systems;

5. Nonprofits/NGOs developing standards or certification systems to define "sustainable ag" around the world; and

6. Anything / anyone else you think might be useful in conducting research for Terragua.

Here are some additional parameters to narrow it down a bit:

· This project focuses on INVESTMENT opportunities, by which RIIC means that they expect at least to see their capital returned; in other words, they are not looking to make grants via this project, they expect to get (at least) their initial investment back. Most members seem to want returns higher than just return of capital, but they still want to know the full range of projects seeking investment.

· This project is global. While the specific geographic focus areas have still not been determined, my sense thus far is that the RIIC is most interested in investing in projects in the developing world in areas that have the greatest challenges. That said, they are still interested in learning about models they might employ anywhere… and

NOW is the time to shine a light on all the great projects that you believe are most worthy of investment, and all the models that you think are better that what has traditionally received support. I really appreciate your help in finding them.

Please send me your responses to my work email (below) off-list. I will aggregate and post them here in the next few weeks UNLESS you tell me in your response that you would prefer I not include a particular contact or project in the aggregate list I will post here…

Cheers,
Elizabeth

Terragua Project Description:
Terragua is a joint research project of the Rockefeller Impact Investing Collaborative ("RIIC") that intends to accelerate the deployment of private capital into social investment. For the purpose of this project, social investment is defined as investment which at least returns its principal up to above market rate returns. The commonality between all investments is that they are designed to have positive demonstrable social, environmental and economic impacts. Social investments can be made across all sectors, all "issues", and across all asset classes.

The thesis of Terragua is that deployment of private capital into social investment is constrained by the lack of the same type of capital market ecosystems that connect investment opportunities to appropriate supplies of capital in traditional capital markets. At the same time, the project team noted that certain sustainable development related sub-sectors such as microfinance, affordable housing in the United States and clean energy technology have well developed investment ecosystems that facilitate investments across risk and return profiles. We asked ourselves: How could a group of like minded institutions replicate the type of investment ecosystems present in microfinance, US affordable housing, and clean energy technology to other sectors with high potential for sustainable development impact?

As a result, the team proposes to create such an ecosystem in a social investment sub-sector it is calling Sustainable Agriculture "Plus." The "plus" refers to revenue streams derived from activities beyond producing agricultural commodities such as forestry, eco-tourism, and ecological credits such as carbon. "Plus" is also meant to include the broader sustainable agriculture food chain from enabling products (e.g. bio-based pesticides, new seeds, distributed renewable energy technology) through to the resulting agricultural commodities themselves (e.g. sustainable coffee, bio-fuels). While this definition is intentionally broad for now, the team may narrow it after the initial scoping phase of the process.

Goals of Terragua:

The three year goals for Terragua (not expected to be completed during Phase I; see 6 month work plan, below) are to:

· Catalyze $1b in committed patient, sustainable capital into the Sustainable Agriculture Plus sector.

· If the project is successful in catalyzing investment in sustainable agriculture, the group hopes to move on to other sustainable investment sectors.

About RSF Social Finance:
RSF Social Finance (formerly Rudolf Steiner Foundation) partners with investors, donors, and social enterprises to realize financial transactions which enliven consciousness and enhance quality of life. RSF cultivates environmental, social and financial sustainability, providing access to capital for nonprofit and for-profit social ventures committed to fair practices and improving economic conditions. RSF concentrates its work in three focus areas: food and agriculture; education and the arts; and environmental stewardship.

Elizabeth Ü
Executive Assistant

RSF Social Finance
1002A O'Reilly Avenue
San Francisco, CA 94129
phone: 415.561.6181
fax: 415.561.3919
www.rsfsocialfinance.org

Investing, lending, and philanthropic services---innovative financial transactions that enliven consciousness and enhance quality of life.
Inspired by the work of Rudolf Steiner

5. Sustainable Urban Forests

The funding for the Urban Forestry program is reaching a critical level, and the future does not look good. Nationwide, our budget for 2008 was $27.7 million. The 2009 President’s Budget is $5 million a 82% reduction!!!!

I am asking you to take two minutes of today’s time and go to this link:  http://www.surveymonkey.com/s.aspx?sm=xz9Mui_2bdQWTYYUsKD0Cj2w_3d_3d  You will be able to sign your organization in support of the SUFC.  They are seeking signups from nonprofit organizations, professional organizations, citizen groups, civic leagues, local units of government, and any other entities that represent groups of people (like tree boards). I promise that it shouldn’t take you more than two minutes to go to this link and lend your support to this cause.

Please note – they only need one representative from each organization to sign up. I’ve tried to not send this to multiple people who may represent the same organization, although I know that there is some overlap.
Sarah Gracey
Urban Forestry Coordinator
Kentucky Division of Forestry

Amended HB 233 Protects Recycling Industry From Plastics Miscoding

2008-03-15T10:12:00.000-07:00

Amended HB 233 Protects Recycling Industry From Plastics Miscoding Posted: March 12, 2008
March 12, 2008

All Members, Kentucky State Senate
Frankfort, Kentucky 40601

Re: House Bill 233 GA

Dear Senator:

I’m writing to convey KRC’s endorsement of House Bill 233GA.

KRC initially opposed House Bill 233 as it was introduced, just as KRC has opposed past iterations of the bill. KRC was concerned that coding bottles with barrier layers not comprised of PET as a “1” would introduce a difficult-to-remove contaminant that could adversely affect plastics recycling and those industries, including the bottling, carpet, and other industries that utilize postconsumer PET plastics.

After much research and discussion with trade associations representing the plastics recycling industry, KRC crafted an alternative to HB 233 that would require manufacturers to use objective, scientific testing conducted in accordance with testing protocols developed by the recycling industry, to demonstrate that manufactured bottles and containers containing barrier layers or other resins will not adversely affect the recycling stream. That alternative was accepted by all parties and is included in the GA version of HB 233.

The website for the Association of Postconsumer Plastic Recyclers (APR) is located at http://www.plasticsrecycling.org and explains in greater detail the testing protocols utilized to assure compatibility of containers with the existing plastics recycling framework.

This approach would place Kentucky in the forefront among states in encouraging container manufacturers to design with recyclability in mind, lessens the risk of introduction of incompatible packaging into the plastics recycling stream, and provides the Cabinet with clear, objective, and scientifically defensible standards for determining when containers may be coded as a “1” or a “2” and when containers must be coded as a “7.”

KRC supports HB 233GA, and encourages your consideration of same.

Cordially,

Tom FitzGerald
Director

cc: Rep. Arnold Simpson

A poem from Nana Lampton

2008-03-11T10:13:00.000-07:00

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A poem from Nana Lampton Posted: March 10, 2008

Nana Lampton, Oldham County poet and author of an exquisite book of poetry entitled "The Moon With the Sun In Her Eye," penned this reflection. With her permission, KRC is proud to present it for your reading.

Mountain Tops

Coal barges grind.

They vibrate fog on the river.

They carry dead mountains,

crests where sweet gum

would be red by now.

KY Bill To Lift Nuclear Power Plant Construction Ban Opposed

2008-03-11T09:23:00.000-07:00

KY Bill To Lift Nuclear Power Plant Construction Ban Opposed Posted: March 10, 2008
March 6, 2008

Dear Senators:

I'm writing to follow up on my testimony at last week's meeting concerning Senator Leeper's bill, SB 156, which would remove the current prohibition on commencement of construction of a nuclear electric generating plant until the federal government had implemented plans for construction and opening of a permanent waste disposal facility for high-level nuclear waste generated from nuclear power production.

KRC appreciates Senator Leeper joining the issue of the role of nuclear energy in meeting the future energy needs of the Commonwealth. In a state where 98% of our electricity is produced by fossil fuels, what has been our strength in offering low-cost electricity is potentially becoming a liability in a carbon-constrained world where carbon dioxide emissions will be, according to most observers, subject to mandated reductions within the next decade.

While nuclear energy is part of the national energy mix, it has not been part of the state energy portfolio. The legacy of mismanaged nuclear wastes at Maxey Flats continues to be a management responsibility and fiscal obligation for which the Commonwealth will continue indefinitely to foot the bill. It is appropriate that prior to engaging in the development of new nuclear power plants, a strategy for permanent disposal of the wastes be in place. The indefinite storage of high-level wastes at nuclear plants in pools or dry cask storage due to the failure of the Department of Energy to have opened the Yucca Mountain repository presents significant homeland security concerns and is not a suitable surrogate for secure disposal of wastes that will, in some cases, pose human and ecological risks for centuries and beyond.

The Paducah Gaseous Diffusion Complex, and USEC, have been and continue to be an economic driver in that area, and I can appreciate the desire to lift the construction ban. However, nothing in the current law prevents competition by USEC for other activities related to nuclear waste reprocessing and enrichment. Representing, as I do, neighbors of the PGDP facility who have borne some of the historic brunt of DOE's mismanagement of mixed, radioactive and hazardous wastes in the past, KRC can appreciate that the proper management of and a healthy respect for the potential of spent radioactive material to contaminate the environment, is justified.

The nuclear energy industry will not see significant reemergence until the core issues that have not been adequately addressed in the last 50 years are satisfactorily resolved: those being cost, safety, proliferation, waste disposal, and security. Nor will new investment in nuclear plants provide a meaningful contribution to achieving the short and near-term climate concerns, since the scientific community has suggested that reductions will be needed well in advance of the decade that typically is required for permitting, licensing and construction of such plants, if we are to stabilize the climate and avoid more significant consequences of climate change.

I would ask that you reject SB 156 as being premature, and I appreciate your consideration of these concerns, as I appreciate Senator Leeper's thoughtful approach towards this and other energy and environmental issues.

Cordially,
Tom FitzGerald
Director
Kentucky Resources Council, Inc.

"Streamsaver Bill" Gets Hearing...Finally, and A Vote

2008-03-08T10:26:00.000-08:00

"Streamsaver Bill" Gets Hearing...Finally, and A Vote Posted: March 7, 2008, Kentucky Resources Council
After several sessions languishing in the Natural Resources and Environment Committee without being heard, the "streamsaver bill," which would require improved management of soil and rock removed during surface coal extraction, received a hearing in two meetings of the House Appropriations and Revenue Committee. The March 4 meeting, available on line here , provided two expert witnesses discussing the values of headwater streams and the impact of dumping of mine "spoil" in those headwaters, as well as an explanation of the bill by its author, KRC's Director. The March 5 meeting included testimony from coal industry representatives and from KFTC members, and is on line here . The bill failed to pass out of committee.

Public Transportation Advocacy Alert

2008-03-07T10:34:00.000-08:00

From TARC:

The proposed state budget calls for a 30% decrease in funding for public transportation. The three large urban transit systems in Kentucky -- Louisville, Lexington and Northern Kentucky -- testified before the House Transportation Budget Review Committee that $4 million is needed each year of the biennium to avoid service cuts and fare increases.

Action Needed:

One quick call today to your representative in the House. Your one phone call makes a difference. Call toll-free on the Legislative Message Line: 1-800-372-7181. Ask the operator to leave a message for your representative. If you don't know who it is, look it up at www.lrc.ky.gov/Legislators.htm.

All you have to say is: "Please increase funding to public transportation in the Louisville Metro area." (or whatever city you live in)

We need your support for public transportation because:

It is critical to getting people to jobs who can't afford a car or who don't drive for other reasons.
Reduces traffic congestion and air pollution.
Provides needed mobility for older adults and people with disabilities.
Keeps our cities competitive with other urban areas and helps attract new businesses and residents.

Thanks for all of your phone calls! There's less than three weeks left in the session! Let's make a difference!

Stream Saver Bill heard in committee, vote pending until Monday

2008-03-05T22:43:00.000-08:00

Stream Saver Bill heard in committee, vote pending until Monday

KFTC member Truman Hurt testifying this evening on the Stream Saver bill
The hearing on the "Stream Saver" legislation continued today with over two hours of testimony before the House Appropriations and Revenue Committee. It was the coal industry's turn to present its case, which they did with several witnesses.
The thrust of their testimony was that this was "an anti-mining bill" that would wreak havoc on the industry with all kinds of repercussions for jobs and taxes. They also touted the positive aspects of their mining practices - particularly the uses for reclaimed land. They did not acknowledge the tremendous impact that mining has on water resources, but did show a picture of a "volunteer" tree growing in a rock-lined ditch that replaced a stream.
Rep. Jim Wayne challenged the industry's exaggerated statements, reminding Bill Caylor that he predicted the demise of the coal industry if a net metering bill passed in 2004 (it did). He asked the industry representatives to respond to EPA findings that restrictions on valley fills would have a negligible impact on the cost of coal and ultimately electricity, and they dodged the question.
Both Rep. Harry Moberly and KFTC's Teri Blanton pointed out that there was nothing in today's testimony that refuted the strong scientific evidence presented yesterday on the irreparable damage done by valley fills to the ecological health of streams.
KFTC's Truman Hurt also presented strong testimony: "With over 40 years of regulation and millions of dollars spent and million of man hours trying to regulate this industry, after 40 years we have nothing better than we began with. Water [is] our greatest resource in eastern Kentucky. It's not the coal. And the facts are we are doing nothing to stop the filling of our creek and streams.
"Are we going to be asked to continue to bear the brunt of cheap energy? Are we going to be forced to continue to pay the price and then ship the poisons down to you fellows and let you pay some of it, too? I think it's time to do some responsible mining. That's what we're asking for."
By the time the testimony concluded (after 7 p.m.), many committee members had left. Committee chair Rep. Moberly decided to delay a vote "until everybody's here." That could come any day (probably Monday at 10 a.m., subject to change) when the committee next meets.
ACTION:
First, thanks to everyone who came to either of the hearings the last two days. You can be sure our strong presence in the room was noted. Thanks also to everyone who left messages, sent faxes or talked directly to legislators. Our persistence lets them know this issue is important, that many people care about it, and that we are paying attention to how they vote.
We're asking you to continue with these efforts.
1. If you can come to the committee meeting on Monday (March 10) at 10 a.m., please do so. There will be no more testimony, only a vote, so it should not take long. We want to have a significant presence in the room (154 of the Capitol Annex). But please, check the KFTC web site or call a KFTC organizer before you come in case the meeting is changed.
2. Please continue to contact members of the House Appropriations and Revenue Committee asking their support for this legislation. Note: there is NO bill number (the operator will ask you for one) at this time. Rest assured, committee members will know what legislation you're talking about.
You can use the Legislative Message Line (800-372-7181) and leave a message for all House Appropriations and Revenue Committee members with one phone call. The message line is open from 7 a.m. until 11 p.m. on Thursday and 7 a.m. to 6 p.m. on Friday.
The names of House A&R Committee members are below. If one of them is your representative, please make a special effort to talk to him or her and ask for their support. Besides the message line, you can fax legislators at 502-564-6543 or you can call them directly at 502-564-8100.
You can also go to online to find the home phone number of your representative if you would want to contact them over the weekend.
MESSAGE:
"Your support for Rep. Pasley's stream saver legislation is very important. Please vote YES for an end to the dumping of mines wastes into our headwater streams."
House Appropriations and Revenue Committee
Harry Moberly (HB 164 cosponsor)
Royce Adams (HB 164 cosponsor)
John Arnold
Scott Brinkman
Dwight Butler
Larry Clark
James Comer
Jesse Crenshaw (HB 164 cosponsor)
Mike Denham
Bob DeWeese
Danny Ford
Derrick Graham (HB 164 cosponsor)
Keith Hall
Jimmy Higdon
Jimmie Lee (HB 164 cosponsor)
Lonnie Napier (HB 164 cosponsor)
Rick Nelson
Fred Nesler
Don Pasley (HB 164 cosponsor)
Marie Rader
Rick Rand (HB 164 cosponsor)
Charles Siler
Arnold Simpson (HB 164 cosponsor)
John Will Stacy
Tommy Turner
John Vincent
Jim Wayne (HB 164 cosponsor)
Robin Webb
Brent Yonts
Many, many thanks for all you have done to support this great cause.

Stream Saver Vote Today!!

2008-03-05T11:07:00.001-08:00

Stream Saver Vote TODAY!!

I'm sure you've heard: The Stream Saver Bill is up for a vote today.

The Appropriations and Revenue committee of the Kentucky Legislature is voting on the stream saver bill today at 4pm in the Capitol Annex room 154. If you want to go to Frankfort and carpool come to the office at 2:45. (901 Franklin Street at Campbell 40206).

If you thought I Love Mountains Day was exciting, imagine the
excitement of this historic vote. This is the first time that
legislators will be asked to vote on this important legislation. We
need you there, we need your support.

If you can't make it please make sure that you've called the
legislative message line (1-800-372-7181) and leave a message for all
of the House Appropriations and Revenue members.

Sample message: "Your support for Rep. Pasley's stream saver
legislation is very important. Please support an end to the dumping of
mines wastes into our headwater streams."

Thank you so much for all of your work. This is a truly exciting time.

Jessica George
Kentuckians For The Commonwealth
502/500-8082
jess...@kftc.org

Kentucky Resources Council Report: Kentucky Legislative Session 2008: Week Seven Bills Review:

2008-02-27T13:02:00.000-08:00

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2008 REGULAR SESSION: Bills We're Watching: Week Seven - 774 Bills, 309 Resolutions, Only 29 Legislative Days To Go! Posted: February 21, 2008
2008 REGULAR SESSION: Bills We're Watching: Week Seven

This list profiles the environmental, conservation, consumer and general government bills being tracked by the Council during the 2008 session. This is the sixth of many updates, covering the first seven weeks of the 2008 legislative session, which began on January 8 and continues until April 15. This list will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.

DO YOU KNOW SOMEONE WHO WANTS TO RECEIVE NOTICE OF THE POSTING OF THESE UPDATES?

Send this to a friend, and tell them to write us at FitzKRC@aol.com if they want to receive notice when these postings are updated.

WANT TO READ THE BILLS OR CONTACT LEGISLATORS?

To find your legislators email, go to http://www.lrc.ky.gov/whoswho/email.htm

The phone number to reach a legislator in person is 502-564-8100 (this is not toll-free).

The toll-free meeting schedule information line is 1-800-633-9650.

The toll-free message line is 1-800-372-7181, to leave a message for a legislator or an entire committee.

The TTY message line is 1-800-896-0305. En Espanol, el nombre es 1-866-840-6574. The toll-free bill status number is 1-877-257-5541.

THE BEST WAY TO REACH LEGISLATORS – IT’S NEVER BEEN EASIER! Did you know that for a single fax to 502-564-6543, you can reach all of the legislators that you want to contact? You can send a faxed letter, for example, to all Senators and Representatives by listing their individual names on a cover sheet and asking that each get a copy of your letter. The good folks at the LRC fax room will copy your fax and distribute it to all that you list (the recipients must be listed by name.) The LRC web page has a list of all legislators and all committee members.

To email all legislators with one email, send your email to Legislators2008@lrc.ky.gov.

Senate Bills

SB 3 (Williams)(H. Elections & Const. Am.)

Would amend election laws to change filing date for primary candidates from January to May, change primary date from May to August, and eliminate gubernatorial runoff elections.

SB 5 (Thayer) (H. Rules)

Would eliminate gubernatorial primary runoff elections.

SB 7 (Williams) (S. Transp)

Would create process for establishing a public infrastructure authority for highway and bridge projects, allowing the authority to issue bonds for financing a project and to place tolls on a project and set out procedures for collection and distribution of tolls.

SB 8 (Thayer)(House)

Comprehensive revisions to campaign finance laws.

SB 12 (Carroll) (S. Judiciary)

Would amend state law to require adoption of policies by school districts on harassment, intimidation, and bullying.

SB 14 (Thayer) (S. Rules)

Proposed constitutional amendment to eliminate office of Treasurer and assign duties elsewhere.

SB 15 (Pendleton) (S. Judiciary)

Extends protections of animal cruelty laws to dogs and cats and makes killing or “causing injury or suffering to any animal” (other than those we hunt, trap, fish or “process” for food) a Class D felony.

SB 16 (Seum) (H. Local Govt)

SB 17 (Stine) (S. Education)

Would require Kentucky Board of Education to adopt regulations requiring all public preschool through eighth grade programs to implement, no later than the 2008-2009 school year, 30 minutes per day or 150 minutes per week of structured moderate-to-vigorous physical activity.

SB 19 (Boswell)(S. A&R)

Proposed constitutional amendment to allow casino gaming.

SB 20 (Boswell) (S. A&R)

Companion bill setting standards for gambling at horse tracks and casinos if amendment is adopted.

SB 22 (Tapp) (S. Rules)

Would create a certification program for licensure of home inspectors.

SB 54 + (Winters) (House)

SB 55 (Scorsone) (S. State & Local Govt)

Would amend state civil rights laws to prohibit discrimination based on sexual orientation and gender identity.

SB 58 (Burford) (S. Judiciary)

Increases penalty for torture of cat or dog to Class D felony.

SB 69 -- (Harris) (House)

KRC opposes both the reduction in funding of pollution prevention programs as well as the loss of contribution to the hazardous waste assessment fund from combustion of hazardous wastes with heat recovery, and the tacit assumption that combustion of hazwastes with energy recovery is a preferred form of disposition of hazardous wastes. KRC intends to vigorously oppose this irresponsible reduction in the funding of the state hazardous waste assessment fund. The Senate vote was 24-11.

SB 83 + (Harris)(H. Tourism Dev. & Energy)

Would add wind, water and other renewable energy sources to solar as being eligible for net metering. There is a more comprehensive House net metering bill addressing these sources and providing for standardization of interconnection requirements, as well as removing caps on availability of net metering. KRC appreciates Senator Harris’ involvement in this issue.

SB 99 (Seum) (S. State & Local Govt)

Senate counterpart to HB 144 would limit development density to 5-acre lots on two-lane rural secondary roads designated as having scenic significance.

SB 105 (Seum) (S. State & Local Govt)

Proposed constitutional amendment to limit odd-year legislative sessions to appropriations and revenue bills and other limited subjects proposed by Governor or leadership of House or Senate.

SB 107 -- (Pendleton) (S. Ag & NR) (needs significant revision)

Bill would prohibit the use, for purposes of approving of denying a KPDES water discharge permit, any water quality data obtained more than thirty-six (36) months prior to the date the application was submitted, and would require that data used for the purpose of evaluating permit applications “shall be obtained from sources determined by the cabinet to be certified for use in making permit issuance determinations.”

While the goal of utilizing the most current water quality data is certainly supportable, the bill appears to be intended to limit the ability of the Cabinet to utilize older water quality data and to require that the agency bear responsibility for collection of the data and that the sources of the data be “certified.” There is no general laboratory certification in Kentucky, and the responsibility for collection of adequate and current water quality data to support a permit decision should fall on the applicant where it is not otherwise available, not the agency. If the applicant (or individual opposing adoption of a TMDL) believes that the water quality data is unrepresentative, that person has the option of collecting and submitting more current data.

SB 114 (Jones)(S. Judiciary)

Would require booster seats for children under 8 years old and between 40 and 57 inches in height and specify penalties.

SB 116 (Harper Angel)(S. Judiciary)

Would prohibit reading, writing or sending a text message while driving.

SB 117 (Denton)(S. State & Local Govt)

Would amend state constitution to extend from 4 to 6 years the terms of State Senators, beginning in year 2010.

SB 120 (Buford) (S. Judiciary)

Would require booster seats for children under 7 years old and between 40 and 50 inches in height and specify penalties.

SB 127 (Buford)(S. Rules)

Would remove the Henry Clay Law Office from the list of state-owned historic properties managed by the Division of Historic Properties.

SB 143 (Scorsone, Kerr)(S. Veterans, Military Affairs)

Comprehensive bill addressing safety of children’s products in commerce and for notification of recalls and notices of unsafe children’s products.

SB 145 + (Stine)(S. Rules)

SB 147 + (Buford and Carroll)(S. A&R)

Would allocate $15,000 to the University of Kentucky to study the water supply and water needs of Central Kentucky, and report on or before November 30 2008.

SB 148 (Thayer) (House)

Would require reporting by political issues committees of funds spent advocating approval or defeat of a proposed constitutional amendment.

SB 156 -- (Leeper and Borders)(S. Ag&NR)

SB 161 + (Jensen and others)(S. State & Local Govt)

Proposed constitutional amendment to repeal annual legislative sessions.

SB 165 + (Leeper)(S. Ag&NR)

Would establish the “Kentucky Bluegrass Turns Green Program” concentrating on energy demand-side management.

SB 166 + (Turner and others)(S. Ag &NR)

Counterpart of HB 520, would provide a cash payment and educational scholarship from the general fund portion of coal severance taxes, for the surviving spouse and children of any coal miner who dies as a result of a occupational accident.

SB 168 + (Stine)(S. A&R)

Would encourage renovation and construction of buildings using sustainable design concepts and encourage use of life-cycle analysis of design proposals, and require Department of Education to develop guidelines on sustainable school design and net zero buildings, and appropriate $10 million for up to two pilot net zero school projects.

SB 171 (Carroll)(S. Judiciary)

Would make timber theft a Class D Felony.

Senate Resolutions

SR 1 (Williams, Kelly, Worley)

Senate Rules of Procedure for 2008 Session.

SJR 72 + (Jones)(Recommitted to S AgNR)

Would direct the Environmental and Public Protection Cabinet to require emergency action plans for all high and significant hazard impoundments. Senate counterpart to House Joint Resolution 60.

SJR 76 + (Harper Angel)(House)

Would require Environmental and Public Protection Cabinet to submit a report to the LRC relating to electronic waste disposal and recycling.

House Bills

HB 3 (Marzian, Jenkins) (S. State & Local Govt)

Would require Governor to achieve all possible gender equity in board and commission appointments.

HB 18 (Owens, Cherry, Larry Clark) (To House For Concurrence)

Would eliminate gubernatorial primary runoff elections.

HB 19 (Stacy, Jenkins) (H. State Govt) (posted)

Would establish compensation rules where one legislative chamber adjourns without consent of the other chamber.

HB 31 (Wilkey) (H. Rules)

Would establish process for expungement of criminal records for Class D felonies.

HB 34 (Wuchner, Burch and others) (H. Education)

Would require certain amounts of physical activity as part of elementary and middle school curricula beginning in 2009-10 school year.

HB 42 (Crimm) (H. Judiciary)

Would create penalty of forfeiture of ownership of animals involved in cruelty and torture cases, and prohibit ownership and possession of animals of the same species for two years.

HB 47 (Owens) (H. State Govt)

Would require reporting of “legal defense trust funds” used by public officials and limit who may contribute.

HB 55 (Burch) (To Senate)

Would require booster seats for children under 8 years old and between 40 and 57 inches in height and specify penalties.

HB 56 (Burch) (H. Transportation)

Would prohibit use of cell phones in moving vehicles except for emergency use and hands-free apparatus.

HB 58 (Higdon) (H. Elections & Const.) (posted)

Proposed constitutional amendment to require revenue and appropriation bills to be introduced in odd-numbered-year sessions, limit all sessions to 30 days, and require 3/5 vote for revenue and appropriations bills.

HB 69 (Cherry) (H. State Govt) (posted)

Would amend executive branch ethics laws to clarify that an executive agency decision includes a decision by the Public Service Commission pursuant to a request for a change in the rates or service of a utility which results in an order of the Public Service Commission, thus applying lobbying provisions of the code to the Public Service Commission.

HB 70 (Owens, Crenshaw) (H. Rules)

Would amend state constitution to provide for automatic restoration of voting rights to felons on completion of sentence.

HB 71 (Glenn) (H. NR & Env)

Would create a lifetime combination hunting and fishing license for Kentuckians over 65 years old.

HB 80 (Meeks)(Recommitted to H. A&R)

Would amend state law to encourage interlocal agreements for cooperation in provision of emergency services among counties.

HB 81 (Wilkey, Hoover) (H. A&R)

Would create student loan forgiveness program for lawyers working for certain agencies and for legal services organizations.

HB 83 (Yonts) (S. Ag & NR)

Would amend existing law on water districts to revise manner in which districts can extend services and composition and manner of selection of boards.

HB 88 (Simpson) (S. State & Local Govt)

Would extend authority to eliminate public nuisances presently held by cities of the first, second classes and consolidated local governments, to third and fourth-class cities

HB 90 (Higdon) (H. Labor & Industry)

Probably the most popular prefiled bill, this would prohibit use of automated calling equipment or recorded political telephone messages from or by a political party or campaign.

HB 91 (Cherry) (S. Judiciary)

HB 92 (Wayne and L. Clark)(Recommitted to H. A&R)

Would amend state law to redefine “renewable energy facility” to lower the minimum capital investment and electricity capacity for solar or hydropower facilities and for landfill gas used for electricity. KRC will be working with the sponsors and other legislators to revise the criteria for renewable energy facilities.

HB 93 (Wayne, L. Clark)(H. NR & Env)

Would amend HB 1 to require that for a unit to be “carbon capture ready” it must plan for compression of carbon dioxide in addition to capture. Unfortunately, the term “carbon capture ready” even with this change does not adequately limit availability of incentives for coal conversion technologies since any facility is theoretically carbon capture “ready” – the issues are the cost and efficiency, and more significantly, whether the facility has a plan for management or disposal of the captured CO2.

HB 98 (Denham) (S. Ag NR)

Would create and define a crime of agroterrorism against an agricultural facility or product.

HB 100 (Denham) (Recommitted to H. NR & Env)

Would revise laws allowing local governments to collect solid waste taxes or service fees and allow local governments to collect delinquent solid waste collection taxes or fees through contract with the Department of Revenue.

HB 106 (Denham) (H. Judiciary) (posted)

HB 113 (Damron) (H. State Govt)

Would prohibit use of public funds for membership in a private organization that holds closed meetings where all members are not permitted to be present.

HB 119 (Simpson) (H. Rules)

Would amend code enforcement board statute to establish schedule for civil penalties for code violations.

HB 124 (Westrom) (To Senate)

Amends existing laws on certification of landscape architects

HB 134 (Cherry) (H. Rules)

Would amend Executive Branch Ethics statutes to include unpaid executive officers under code, and make changes in personnel laws relating to merit employee protection.

HB 144 (Bratcher) (H. Local Govt)

Would limit development density to 5-acre lots on two-lane rural secondary roads designated as having scenic significance.

HB 145 (S. Lee) (H. Judiciary)

Increases penalty for torture of cat or dog to Class D felony.

HB 149 + (Nelson)(H. Tourism Dev. & Energy)

Would create state income tax credits for residential solar thermal and PV system, upgrading insulation, and energy-efficient windows, storm doors and geothermal heat pumps.

HB 153 + (Owens & Adkins) (H. A&R)

Appropriates an additional $10 million dollars for Low Income Home Energy Assistance Program.

HB 159 (Dossett) (H. A&R)

Would appropriate $500,000 over the biennium to create matching grants for preservation of cemeteries.

HB 164 + (Pasley) (H. NR & Env)

The "streamsaver bill" would require spoil generated by mining activities to be disposed of on previously mined lands or other upland locations rather than in stream channels.

HB 176 (Owens) (H. Elections, Const)

Would create a provisional ballot process for voting by individuals whose eligibility to vote is in question.

HB 205 (Yonts) (H. NR & Env)

Would amend fish and wildlife statutes to establish process for landowners to receive permits to erect structures on banks of department-owned lakes.

HB 206 (Higdon) (H. Local Govt)

Intent appears to be to amend planning and zoning authority under KRS Chapter 100 to give additional discretionary authority to cities or counties to adopt zoning regulations addressing noise and dust from commercial developments in excess of fifteen acres. Language needs rewriting to clarify intent, and KRC is concerned that language may have the effect of restricting rather than adding to the city or county's authority, since it already has the authority to enact zoning regulations addressing activity on the land and its effects on neighbors.

HB 212 (Cherry) (H. State Govt)

Similar to HB 175 in that it would amend Legislative Ethics Code to broaden the definition of "legislation" to include regulations and legislative proposals, and to impose new limits on campaign contributions from lobbyist employers.

HB 213 (Riner) (H. Elections, Const)

Proposed constitutional amendment on restoring voting rights to persons convicted of non-violent, non-sexual felonies after completion of sentence, 100 hours of community service and three years without further offenses.

HB 214 + (Wayne, L. Clark, Henley, Weston) (H. A&R)

Would create tax incentives for vegetable oil-based fuels and conversion of vehicles to use waste vegetable oil fuel.

HB 215 (Gooch, Stewart) (H. NR & Env) (posted)

Would appropriate up to $15 million dollars each year to match monies deposited in the Kentucky Wetland and Stream Mitigation Fund.

HB 216 (Wayne) (S. Judiciary)

HB 231 (Jenkins) (H. Health & Welfare)(posted)

Would prohibit sale or use of any lead-bearing substances on items that may be used by children, and would require labeling of products containing lead bearing substances.

HB 233 + (Simpson, Gooch & Santoro) (H. Rules)

KRC was concerned that the coding of a multi-layer bottle containing a nylon barrier layer as a "1" will have a negative effect on the plastics recycling industry.

HB 246 (Wayne, Riggs) (Withdrawn)

HB 250 (Cherry, Vincent)(S. State & Local Govt)

HB 251 (Yonts) (S. State & Local Govt)

Would revise government contract review and reporting requirements, particularly with respect to higher education institutions.

HB 268 + (Nelson) (H. A&R)

Creates state income tax credits for installed cost of energy efficient windows and storm doors, geothermal heat pump systems, solar energy systems, small wind turbines, upgraded insulation, and amends state net metering law to include wind energy.

HB 271 (Meeks)(H. NR & Env)

Would adopt California greenhouse has motor vehicle emissions standards.

HB 274 (Marzian and others)(H. Judiciary)

Would amend state civil rights law to prohibit discrimination based on sexual orientation or gender identity.

HB 279 (Harmon, Simpson) (H. Judiciary)

Would require recordkeeping and reporting by dealers, collectors and vendors of scrap metals.

HB 286 -- (Rudy & Nesler) (H. NR & Env)

House version of the initial SB 54. Initially, the bill creating a separate “limited” permit for sand and gravel mining operations under one acres in size concerned KRC because of the potential for abuse where one entity contracts with numerous landowners to have multiple less-than-one-acre operations, and in doing so, evade the more rigorous standards and permit obligations.

KRC proposed alternative language to more narrowly define a tiered small-operator permit for landowner excavation of surficial gravel for farmstead and personal use, and to strengthen the protections against abuse, which was accepted by the proponents of the bill and was adopted in the Senate Committee. KRC has withdrawn opposition to SB 54, but still opposes the house version of the initial bill.

HB 291 (Adkins)(H. Transp)

Would create a state rail bank fund for management by the Transportation Cabinet of donated abandoned rail lines and rights of way from railroad companies.

HB 292 (McKee) (S. Ag NR)

HB 295 (Meeks) (H. Local Govt)

Would create a permitting process for excavations of archaeological sites on private property and clarify disposition requirements for disposition of human remains discovered during archaeological investigation or inadvertently encountered in cemeteries. Would also clarify rights of descendants and relatives to access to cemeteries on private property.

HB 296 (Meeks) (H. Local Govt)

Comprehensive revision of state law addressing disposition of historic and prehistoric human remains.

HB 299 + (Moberly and others) (H. Tourism Development & Energy) (posted)

Would direct Governor’s Office of Energy Policy to produce a report and recommendations concerning adoption of a Renewable Portfolio Standard for electric utilities to include a certain percentage of renewables in their generation portfolio. Report would also include recommendations on funding mechanisms, such as Public Benefit Funds, for supporting energy efficiency and renewable energy initiatives and programs.

HB 312 + (Moberly and Pasley)(H. Tourism Dev. & Energy) (posted)

Would amend the Kentucky River Authority statutory authority and mandate to include promotion of installation of hydroelectric units on the Kentucky River dams.

HB 313 + (Moberly, Pasley, Pullin)(H. Tourism Dev. and Energy)

Would amend net metering law to broaden availability of net metering of renewable power onto the electric grid to include wind, biomass, hydro and cogeneration, and would establish a statewide interconnection and net metering standard.

HB 315 (A. Smith and others) (H. NR & Env)

Amends law on mine safety to lower from two to one the number of EMTs required to be on a surface mine during production shifts with 10 or less employees.

HB 322 (Simpson) (H. Rules)

HB 330 (Horlander and others) (To Senate)

HB 332 -- (Simpson, Fischer, Graham)(H. Judiciary) (posted)

Would replace current requirement for payment of 12% interest on court judgments with a lower rate based on KRS 131.183(1) with a floor rate of 6%. Change could encourage dilatory appeals and lowering of incentive of person against whom judgment is entered to promptly pay the ordered damages.

HB 337 (Wilkey) (H. Tourism, Dev. & Energy)

Would amend Public Service Commission statute to increase penalties for violations of regulations or orders of the Commission.

HB 347 (Greer and Butler) (H. Ag & Sm. Bus)

Would require setbacks of 3,000 feet between new or expanded industrial poultry production operations (20,000 or more birds) from land on which a school, nursing home, church, day care center, or hospital is located.

A more comprehensive revision to state laws is needed to demand full accountability of industrial poultry and livestock operations for their air, land and water impacts and impacts on the use of nearby properties and structures.

HB 361 (Stein) (H. Elections, Const. Amendments)(posted)

A constitutional amendment allowing legislature to authorize cities or counties to impose sales and use taxes if approved by the voters of that jurisdiction, and purposes and duration are specified.

HB 406 (Moberly and others)(H. A&R)

The Governor’s proposed Executive Branch Budget for 2008-2010. KRC is very concerned with the transfer of millions of dollars from the Kentucky Pride Fund, Petroleum Storage Tank Environmental Assurance Fund, and the Kentucky Stream and Wetland Restoration Fund - all supposedly dedicated funds whose remedial and restorative purposes are potentially compromised by these large-scale diversions of funds to the general fund.

KRC is very concerned with the loss of general fund dollars in the Department of Environmental Protection, and with transfers of funds from “trust” accounts to the General Fund.

KRC has communicated with the U.S. Army Corps of Engineers concerning the removal of $10 million dollars of "in-lieu" mitigation fees from the restoration fund and Governor's proposal to bond back $5 million each year of the biennium, since there will be both a loss of access to the funds and concomitant delay in ability to fund compensatory mitigation and restoration projects, and also a loss of interest receipts. In response to KRC’s communication, the Corps has informed the House leadership that removal of those funds is inconsistent with the state’s obligations concerning the management of the in lieu fund.

KRC will be reviewing the impacts of the other fund diversions and will oppose any diversion that will slow reclamation of underground storage tank sites, old landfills, or litter programs. The loss of tens of millions from the storage tank fund and bonding back a fraction of the funds removed, may compromise both the ability to timely remediate contaminated sites, and the ability of the fund to be used as financial assurance for permitted USTs.

KRC testified before the Environmental Quality Commission this week and suggested that the fee structure for waste and water permits should be raised in order to fully capture the actual costs of processing pollution permits and of routine inspections of permitted facilities, since current fees recover only a small fraction of those costs and represent a hidden taxpayer subsidy of the use of air, land and water resources for waste disposal.

HB 434 (Damron)(H. Rules)

Would direct the Cabinet for Health and Family Services to establish standards for remediation of mold in private and public settings.

HB 484 + (Butler & Hoffman) (H. Rules)

HB 486 (Simpson) (H. Local Govt)

Defines which entity is the “Executive Authority” for purposes of code enforcement boards.

HB 489 + (Combs) (H. NR& Env)

Would significantly strengthen state oversight of timber theft and timber harvesting, and improve protections of landowners against timber theft and against irresponsible harvesting practices. Among other provisions the bill would require that timber contracts be in writing, contain certain minimum information and conditions comparable to those in Forest Service Form 2600; require notice to neighbors within 30 and no more than 60 days before harvesting is to occur, and to the county clerk and Division of Forestry; require marking of cut timber; empower the Division of Forestry, Attorney General, Commonwealth and County Attorneys to investigate and prosecute violations; protect whistleblowers who report theft, damage to or arson of trees; strengthen criminal penalties; and provide for restitution of lost value, property damage, and costs associated with property restoration.

HB 491 (Rasche and others) (H. Transp)(posted)

Would create a Water Transportation Advisory Board to advise state government on matters relating to water transportation and marketing of riverports.

HB 502 (Weston)(H. Local Govt)(posted)

Would allow planning commissions to use first-class mail to provide notice of hearings and of final decisions to the person to whom citations are issued in enforcement cases involving violations of binding elements. Current law would require certified mail if mail is used, or personal service or delivery.

HB 506 (Wilkey)((H. Local Govt)(posted)

Establishes rules governing annexation by a city of areas including city-owned utility infrastructure.

HB 515 (R. Nelson)(H. Licensing & Occup)

Would allow a certified on-site sewage disposal system installer to work on outdoor components of a sewage disposal system without a plumbers license.

HB 517 (Rollins and Brinkman) (H. State Govt)

Would require all buildings funded 50% or more by the state to be LEED compliant unless impractical or if the additional costs would not be recovered in 10 years.

A comprehensive energy bill to be introduced as HB 2 within the next week or two will include more rigorous high performance building requirements for publicly-funded buildings.

HB 518 (Wilkey)(Judiciary)

Would establish requirements for sale of dogs in pet stores and increase penalties for torture of a dog or cat.

HB 519 + (Crenshaw)(H. Local Govt)

Would broaden hazardous duty retirement classification to include Lexington sanitation workers and heavy equipment operators.

Disposal of sharps and medical wastes from home health and other unregulated sources, and disposal of household hazardous wastes, fully justify according sanitation workers hazardous duty retirement eligibility.

HB 520 + (Stumbo) (H. NR&Env)

HB 529 (Montell) (H. State Govt)

Would require state-owned vehicles capable of using biofuels to be refueled with biofuels whenever available.

HB 532 (Nesler and others)(H. Transp)(Posted)

HB 537 (Hoffman and others)(H. Licensing & Occupations)

Companion bill to HB 550, Governor Beshear's proposal on state oversight and licensing of casino gaming.

HB 542 -- (Rudy)(H. Tourism, Dev. & Energy)

Companion bill to SB 156, would revise state law to eliminate current prohibition against commencement of construction of a nuclear power facility in Kentucky until the PSC certifies that the US Government has identified and approved a demonstrable technology or means for permanent and terminal disposal of high level nuclear waste.

HB 550 (Owens and others)(H. Elections & Const Am)

Governor Beshear’s proposed constitutional amendment to permit General Assembly to approve up to 12 casinos in Kentucky.

HB 576 (Collins and others)(H. NR&Env)

Amends process for random selection of applications for permits to take wild elk.

HB 582 -- (Damron and others)(House)

This year’s iteration of the billboard industry’s perennial effort to seek approval to cut public trees from highway rights-of-way in order to assure visibility of both permitted and “nonconforming” billboards.

Bill also weakens provisions requiring destroyed nonconforming billboards to be removed, and provides a free bite for violators of the law. KRC has sent a letter of opposition to House Leaders, which can be viewed at www.kyrc.org.

HB 592 + (Hall and others)

Bill is supported by a broad coalition of business and nonprofit organizations, and KRC is proud to support the bill.

HB 604 (Meeks)

Would require state agencies to report on amount of waste materials recycled.

HB 613 (Hall)

Would establish a system to permit off-road and ATVs on public lands, using Fishtrap Lake as a pilot project.

House Resolutions

HR 3 (Richards)

House Rules of Procedures for 2008 Session.

HJR 6 (Marzian) (S. Education)

Would create study group to develop Holocaust curriculum guidance for schools.

HJR 54 + (Pasley, Moberly, and others)(H. Rules)

HJR 60 + (Webb)(H. NR & Env)

Would require high and moderate hazard impoundments to develop Emergency Action Plans meeting requirements of the Federal Emergency Management Agency,

HJR 68 (McKee and others)(S. Ag NR)

Resolution would reauthorize the Kentucky Aquaculture Task Force and require an updated state plan by November 1, 2008.

HJR 81 (Moberly and others)(H. A&R)

Would provide that the mandates and directives of the 2008-10 Executive Branch Budget have the effect of law.

HR 91 (Wayne and Clark)(To Floor)

Would urge Congress to encourage EPA to establish standards for certification of conversion kits to allow use of vegetable oil for diesel engines.

HCR 93 (Webb & Osborne)(H. Rules)

Would reauthorize the Land Stewardship and Conservation Task Force.

HJR 103 -- (Edmonds and A. Smith)

Withdrawn. Would have directed UK Department of Mining Engineering to develop a report on the amount of coal that could be removed from UK’s Robinson Forest with “the most minimal surface and stream disturbance” and royalty income that could be expected.

HR 125 + (Pullin & Vincent) (H. Seniors & Military Affairs)

Resolution urging Congress to fund the upgrade and maintenance of locks and dams on the Ohio River.

KRC would recommend broadening the resolution to urge Congress to fully fund repair and replacement on Dam 10 on the Kentucky River and the Rochester Dam on the Green River.

HJR 153 (Overly, Pullin)

Directs the Kentucky Recreational Trails Authority to study ways to increase adventure ATV ridership and reduce ATV trespass.