Call to Order and Roll Call
The February of the Administrative Regulation Review Subcommittee was held on Friday, February 10, 2017, at 12:00 PM, in Room 149 of the Capitol Annex. Representative Ken Upchurch, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Ken Upchurch, Co-Chair; Senators Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; Representatives Jason Petrie and Tommy Turner.
Guests: Kathryn Gabhart, Misty Indy, Ethics Commission; Jimmy Adams, Lisa Lang, Education Professional Standards Board; Steve Bullard, Department of Military Affairs; Mike Dossett, Tiffany Sizemore, Division of Emergency Management; Louis Kelly, Board of Physical Therapy; Brian Judy, Martin Wesley, Board of Licensed Professional Counselors; Dr. Elizabeth Reda Milazzotto, Board of Licensure for Pastoral Counselors; Angela Evans, Charles O’Neal, Board of Medical Services; Ann Dangelo, Megan McClain, Department of Transportation; Chris Garland, Karen Waldrop, David Wicker, Department of Fish and Wildlife Resources; Tony Hatton, Aaron Keatley, Bruce Scott, Department for Environmental Protection; Mike Pettie, Kristi Redmon, Department of Workplace Standards; Stephen Humphress, Melissa McQueen, Department of Alcoholic Beverage Control; Deborah Crocker, Tiffany Ge, Department of Financial Institutions; Jamie Eads, John Forgy, Marc Guilfoil, Horse Racing Commission; Eric Clark, Justin Clark, Office of the Secretary, Nancy Galvagni, Hospital Association; Paul Coomes, Diona Mullins, Office of Health Policy; Robert Silverthorn Jr., Office of Inspector General; Elizabeth Caywood, Todd Trapp, Department of Community Based Services; Tom Fitzgerald, Kentucky Recourses Council, and Kelly Leach.
LRC Staff: Sarah Amburgey, Emily Caudill, Betsy Cupp, Ange Darnell, Emily Harkenrider, Karen Howard, Carrie Klaber, and Donna Little.
The Administrative Regulation Review Subcommittee met on Friday, February 10, 2017, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Executive Branch Ethics Commission: Commission
9 KAR 1:060. Requirements relating to fundraising activities and charitable nonprofit organizations. Katie Gabhart, executive director, and Misty Judy, general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Education Professional Standards Board: General Administration
16 KAR 1:010. Standards for certified teachers. Jimmy Adams, executive director, and Lisa Lang, general counsel, represented the board.
In response to questions by Co-Chair Harris, Mr. Adams stated that the major changes to this administrative regulation included a series of streamlined standards for educator preparation providers that would reduce duplication and condense standards. These standards would apply to and reduce the workload for colleges and universities. The intent was to increase efficiency.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
DEPARTMENT OF MILITARY AFFAIRS: Division of Emergency Management: Disaster and Emergency Services
106 KAR 1:081. Kentucky Emergency Response Commission Tier 2 reporting and fee schedule requirements EHS facility planning participation requirements. Brig. Gen. Steve Bullard, counsel, Department of Military Affairs; Michael Dossett, director, Kentucky Division of Emergency Management, and chair, Kentucky Emergency Response Commission; and Tiffany Sizemore, program manager, Kentucky Emergency Response Commission, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify the acronym, “EHS;” (2) to amend the RELATES TO paragraph to add citations; (3) to amend Sections 1 through 5 to comply with the drafting requirements of KRS Chapter 13A; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT and the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 1:091. Kentucky Emergency Response Commission fee account grant requirements for local emergency planning committees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; (2) to amend Sections 1 through 5 and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to add Section 8 to incorporate material by reference; (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT and the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT; and (5) to include a FEDERAL MANDATE ANALYSIS COMPARISON and a SUMMARY OF MATERIAL INCORPORATED BY REFERENCE. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 1:101. Kentucky Emergency Response Commission fee grant requirements for state agencies.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add citations; (2) to amend Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT and the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 1:111. Kentucky Emergency Response Commission Fee Account Grant Review Committee.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add citations; and (2) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 1:121. Kentucky Emergency Response Commission fee account grant distribution formula.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add citations; (2) to amend Sections 1 through 3 to comply with the drafting requirements of KRS Chapter 13A; and (3) to include a FEDERAL MANDATE ANALYSIS COMPARISON. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 1:131. Kentucky Emergency Response Commission civil penalty assessment and hearings procedure.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend Sections 1 through 15 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Sections 3 and 10 to clarify deadlines; (4) to amend Section 10 to provide for electronic filing of papers via email; and (5) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT and the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Physical Therapy: Board
201 KAR 22:020. Eligibility and credentialing procedure. Louis Kelly, general counsel, represented the board.
In response to a question by Co-Chair Harris, Mr. Kelly stated that, although it was not common, the board had instances of an applicant failing the required exam more than six (6) times. Most applicants passed the exam in one (1) or two (2) attempts. The board believed that the remediation plan should be developed without board involvement. The remediation plan should be a matter between the applicant and the educational institution.
A motion was made and seconded to approve the following amendments: to amend Sections 4 and 11 and the Supervisory Agreement for Applicant with Temporary Permit to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensed Professional Counselors: Board
201 KAR 36:005. Definitions for 201 KAR Chapter 36. Brian Judy, assistant attorney general, and Martin Wesley, chair, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Section 1 to clarify: (a) what shall be considered a miscellaneous crime affecting businesses, occupations, and professions; and (b) what shall constitute multiple offenses of driving while under the influence or impaired. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:020. Fees.
201 KAR 36:030. Continuing education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct citations; and (2) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:040. Code of ethics.
In response to questions by Co-Chair Harris, Mr. Judy stated that the previous requirement for peer intervention in the case of impairment resulted in colleague-to-colleague conflict, which negatively impacted the profession as a whole. The board still retained disciplinary options if a complaint of impairment was filed.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:045. Distance counseling.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A; (3) to amend Section 4 to add a reference to a licensee not splitting fees; and (4) to add a new Section 5 to cover the utilization of distance counseling in the provision of continuing education. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:050. Complaint management process.
201 KAR 36:055. Administrative subpoena.
201 KAR 36:060. Qualifying experience under supervision.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to clarify that the prohibition on a supervisee not continuing to practice professional counseling shall not apply to a supervision agreement being terminated due to extenuating circumstances that allow for temporary supervision; and (2) to amend Sections 6 and 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:065. Licensed professional clinical counselor supervisor.
201 KAR 36:070. Application, education, and examination requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 4, and 6 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 5 to clarify what shall be considered as evidence of rehabilitation and what shall happen if rehabilitation is not established. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:075. Renewal, late renewal, and reinstatement of license.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 6 to comply with the drafting requirements of KRS Chapter 13A; (2) to amend Section 4 to clarify that if a supervisor fails to verify an associate's hours by the license termination date that the supervision agreement shall be terminated; (3) to amend Section 5 to clarify what shall be considered as evidence of rehabilitation and what shall happen if rehabilitation is not established; and (4) to update the renewal and reinstatement applications to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:090. Administrative hearings for denials and revocation of probation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete a citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Pastoral Counselors: Board
201 KAR 38:020. Application. Brian Judy, assistant attorney general, and Dr. Elizabeth Milazzotto, board member, represented the board.
In response to questions by Senator Clark, Mr. Judy stated that licensed pastoral counselors were different from licensed professional counselors in that they approached treatment from a theological and faith basis. Religious clerics were exempt from penalties for counseling without a license. Dr. Milazzotto stated that pastoral counseling usually took place in a faith-based center, and education requirements were different for a pastoral counselor and a professional counselor.
Senator Kerr stated that this licensure category was established so that pastoral counselors could receive insurance reimbursement. Most pastoral counselors actually had more education than most professional counselors.
In response to a question by Co-Chair Harris, Mr. Judy stated that the reduction in education hours was a minimum requirement.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 38:030. Equivalent course of study.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 38:070. Renewal of licenses and continuing education.
A motion was made and seconded to approve the following amendments: to amend Section 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Emergency Medical Services: Board
202 KAR 7:810. Survivor benefits for death of emergency medical services personnel. Angela Evans, board counsel, and Charles O’Neal, deputy executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Public Transportation Infrastructure Authority: Authority
202 KAR 10:010. Unsolicited proposals. Megan McLain, assistant general counsel, represented the authority.
202 KAR 10:020. Public-private partnerships.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 10:030 & E. Tolling projects.
In response to a question by Co-Chair Harris, Ms. McLain stated that the authority had updated the Web site, and the tolling information was now easily available within only one (1) click of the authority’s home Web page.
A motion was made and seconded to approve the following amendments: to amend Section 2 to clarify that “circular” means “regional newspaper;” (2) to amend Section 3 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Section 4 to clarify that an out-of-service notice shall only be placed on a commercial motor vehicle in violation of KRS 175B.040(4) after the owner has received a notice of violation. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Hunting and Fishing
301 KAR 3:015. Shooting ranges on department-owned or managed lands. Chris Garland, program manager; Karen Waldrop, deputy commissioner; and David Wicker, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Highways: Preconstruction
603 KAR 2:020. Public-private partnerships. Ann D’Angelo, assistant general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to: (a) add a definition for “director”; and (b) clarify a definition to establish that “secretary” means Secretary of the Transportation Cabinet; and (2) to amend Sections 1 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Department of Workplace Standards: Division of Occupational Safety and Health Compliance: Division of Occupational Safety and Health Education and Training: Occupational Safety and Health
803 KAR 2:300. General. Mike Pettit, occupational safety and health standards specialist, and Kristi Redmon, occupational safety and health standards specialist, represented the division.
803 KAR 2:303. Walking-working surfaces.
In response to questions by Co-Chair Harris, Mr. Pettit stated that these administrative regulations updated standards commensurate with federal revisions. Walking-working surface standards, which had not been revised since 1973, were updated. Personal protective equipment and American National Standards Institute provisions were updated. New training was required for personal fall protection systems. The general industry scaffold standard was deleted in lieu of the construction standard, which required personal fall arrest systems. The federal financial analysis expected the savings from prevented deaths and injuries to more than offset the costs of implementation. These administrative regulations were expected to improve safety for employees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 2 to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1: (a) to cite to statutory definitions; and (b) for consistency with other department administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:305. Powered platforms, manlifts, and vehicle-mounted work platforms.
803 KAR 2:308. Personal protective equipment.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 2 to correct citations; and (2) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:313. Materials handling and storage.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 2 to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1 for consistency with other department administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:317. Special industries.
A motion was made and seconded to approve the following amendment: to amend Section 2 to correct a citation. Without objection, and with agreement of the agency, the amendment was approved.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Local Administrators
804 KAR 10:010. Appointment notification of local alcoholic beverage administrator. Stephen Humphress, general counsel, and Melissa McQueen, staff attorney, represented the department.
804 KAR 10:021. Repeal of 804 KAR 10:020 and 804 KAR 10:025.
Department of Financial Institutions: Division of Depository Institutions: Administration
808 KAR 1:111. Repeal of 808 KAR 1:110. Deborah Crocker, assistant general counsel, and Tiffany Ge, general counsel, represented the division.
Credit Unions
808 KAR 3:020. Recordkeeping requirements.
808 KAR 3:031. Repeal of 808 KAR 3:030.
Industrial Loans
808 KAR 5:011. Repeal of 808 KAR 5:010, 808 KAR 5:020, and 808 KAR 5:030.
Savings and Loans
808 KAR 7:031. Repeal of 808 KAR 7:030 and 808 KAR 7:040.
Kentucky Horse Racing Commission: Harness Racing
811 KAR 1:215. Kentucky Standardbred Development Fund and Kentucky Standardbred Breeders’ Incentive Fund. Jamie Eads, director, Division of Incentives and Development; John Forgy, general counsel; and Marc Guilfoil, executive director, represented the commission.
811 KAR 1:220. Harness racing at county fairs.
A motion was made and seconded to approve the following amendments: to amend Section 12 to delete references to an outdated effective date. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: State Health Plan
900 KAR 5:020 & E. State Health Plan for facilities and services. Eric Clark, legislative director; Justin Clark, general counsel; and Diona Mullins, executive advisor, represented the office.
Certificate of Need
900 KAR 6:055. Certificate of need forms.
900 KAR 6:060. Timetable for submission of certificate of need applications.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 2(2) to clarify that the revised submission dates are applicable "beginning" July 1, 2017, rather than "after" that date. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:065. Certificate of need application process.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 4, 6, 7, and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 6 to delete provisions that no longer apply because a stated deadline has already occurred. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:095. Certificate of need administrative escalations.
Office of Inspector General: Division of Health Care: Health Services and Facilities
902 KAR 20:008. License procedures and fee schedule. Robert Silverthorn, Jr., inspector general, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A; (3) to amend Sections 1, 4, and 9 and the material incorporated by reference for clarity; and (4) to amend Sections 4 and 5 to delete notification provisions that repeat or conflict with statute, as required by KRS 13A.120. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 20:013. Repeal of 902 KAR 20:014.
Division of Health Care: Office of Inspector General
906 KAR 1:151. Repeal of 906 KAR 1:150.
906 KAR 1:190. Kentucky National Background Check Program.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 5, 7, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. Elizabeth Caywood, executive advisor; Eric Clark, legislative director; and Todd Trapp, assistant director, represented the division.
Other Business: Co-Chair Harris announced that committee staff administrator, Donna Little, was leaving the Subcommittee to be a special assistant to the Cabinet for Health and Family Services. Ms. Little had served LRC for nearly twenty-three (23) years, beginning as an intern, and had worked for Constituent Services, the Task Force for Governmental Ethics, the Education Committee, and the Administrative Regulation Review Subcommittee. A resolution was read honoring Ms. Little and her service. Co-Chair Harris stated that Ms. Little, with her many talents and consummate professionalism, would be sorely missed by the subcommittee. Senator Kerr stated that the transfer of Ms. Little, with her well-known work ethic, was a tremendous loss to the Subcommittee. Members appreciated all Ms. Little had done for the legislature. Co-Chair Up-church thanked Ms. Little for her service.
Ms. Little thanked the Subcommittee for the resolution and recognition, stating that this was the best subcommittee in the General Assembly. Members and staff worked together for the benefit of the Commonwealth. While excited about future endeavors, Ms. Little would miss working with this Subcommittee.
A motion was made and seconded to adopt the resolution. Without objection, the resolution was adopted.
The following administrative regulations were deferred to the March 6, 2017, meeting of the Subcommittee:
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Education Professional Standards Board: Certification Procedures
16 KAR 4:080. Out-of-state recency.
16 KAR 4:090. Reissuance.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Ad Valorem Tax; Administration
103 KAR 5:121. Repeal of 103 KAR 5:120.
Income Tax; General Administration
103 KAR 15:021. Repeal of 103 KAR 15:020, 103 KAR 15:080, and 103 KAR 15:100.
Income Tax; Corporations
103 KAR 16:031. Repeal of 103 KAR 16:030.
103 KAR 16:221. Repeal of 103 KAR 16:220 and 103 KAR 16:300.
Income Tax; Miscellaneous
103 KAR 19:031. Repeal of 103 KAR 19:030
Corporation License Tax
103 KAR 20:011. Repeal of 103 KAR 20:010, 103 KAR 20:020, and 103 KAR 20:035.
GENERAL GOVERNMENT CABINET: Board of Physical Therapy: Board
201 KAR 22:053. Code of ethical standards and standards of practice for physical therapists and physical therapist assistants.
Board of Licensure for Occupational Therapy: Board
201 KAR 28:090. Renewals.
201 KAR 28:200. Continuing competence.
Board of Alcohol and Drug Counselors: Board
201 KAR 35:016. Repeal of 201 KAR 35:015.
201 KAR 35:070. Supervision experience.
Board of Licensure for Massage Therapy: Board
201 KAR 42:020. Fees.
201 KAR 42:040. Renewal.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Resources
401 KAR 4:070. Coal combustion residuals surface impoundments. Tony Hatton, deputy commissioner; Aaron Keatley, commissioner; and Bruce Scott, deputy secretary, represented the department. Tom FitzGerald, director, Kentucky Resources Council, and Kelley Leach, resident of an impacted community, appeared in opposition to these administrative regulations.
In response to a question by Co-Chair Upchurch, Mr. Scott stated that in 2015 U.S. EPA promulgated regulations to address coal combustion residuals (CCRs). Kentucky had approximately forty-six (46) coal ash ponds and twelve (12) CCR landfills. Most coal ash ponds would be closed as a result of the federal regulations. The requirements were self implementing, meaning utilities were responsible for regulating them-selves to ensure compliance with the program. Kentucky chose to promulgate these state requirements to ensure enforcement capabilities.
In response to questions by Co-Chair Harris, Mr. Scott stated that U.S. EPA provided no funding to states for this self-implementing program. Because the federal regulations were rushed, many implementation compliance deadlines had already passed. The department complied with the KRS 13A.270 public comment process and received public comments pursuant to these administrative regulations. The department amended some of these administrative regulations in response to the public comments by adding financial assurance requirements, changing the permitting and permit application process, and changing the public notification process. Landfill disposal of CCR was considered safer than containment in coal ash ponds. The Effluent Guideline Rule under the Clean Water Act required the leachate from CCRs to be treated.
Mr. FitzGerald stated that in his thirty-three (33) years representing Kentucky Resources Council, he had never seen a more reckless package of administrative regulations. The federal rules did not require Kentucky to eliminate permitting procedures. CCR waste had hazardous components. Kentucky was eliminating requirements for special waste landfills as pertained to CCR waste. A proposal for a special waste landfill would have required an individual permit, with siting, engineering, construction, groundwater and surface water monitoring, operation, closure, and post-closure requirements. The individual permit would be subject to public review and potentially public challenge. The proposed registered permit-by-rule would require only a one (1) page disclosure with very little technical information. The individual permitting structure had been in place for over twenty-five (25) years.
Mr. Leach stated that he owns a 150-acre family farm that adjoins the Trimble County Louisville Gas and Electric Company proposed CCR landfill. His family had owned this farm for three (3) generations, and Mr. Leach had planned to live his life there; however, he had tried to sell the property recently because of the planned CCR landfill. Louisville Gas and Electric Company had several Notices of Deficiency issued for the current landfill permit. The porous nature of the underlying dolomite layer meant that, even with liners, the groundwater was at significant risk of being contaminated by leachate from the CCR landfill. There was also a concern regarding noise and light from the facility. Mr. Leach requested that the Subcommittee not allow the current permitting process to be eliminated.
In response to questions by Senator Clark, Mr. Scott stated that there was no current permitting program for coal ash ponds. These administrative regulations would give the department a framework and requirements. The department agreed to defer consideration of these administrative regulations to the March 6 meeting of the Subcommittee.
Representative Turner stated that he wanted the department to defer and wanted additional time to research the implications of this administrative regulation package.
In response to a question by Co-Chair Harris, Mr. FitzGerald stated that ratepayers would be affected if there were environmental problems resulting from CCR disposal. A motion was made and seconded to defer consideration of these administrative regulations. Without objection, and with agreement of the agency, these administrative regulations were deferred to the March 6 meeting of the subcommittee.
Division of Waste Management: Special Waste
401 KAR 45:010. Definitions for 401 KAR Chapter 45.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; and (2) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 45:060. Special waste permit-by-rule.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Coal Combustion Residuals (CCR)
401 KAR 46:101. Definitions for 401 KAR Chapter 46.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 46:110. Standards for the disposal of coal combustion residuals (CCR) in CCR units.
401 KAR 46:120. Coal combustion residuals (CCR) permit-by-rule
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 4, 6, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Driver Licensing: Administration
601 KAR 2:030 & E. Ignition interlock.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Employment and Training: Unemployment Insurance
787 KAR 1:070. Reasonable time for protesting claim.
PUBLIC PROTECTION CABINET: Department of Insurance: Commissioner’s Office: Administration
806 KAR 2:011. Repeal of 806 KAR 2:010, 806 KAR 2:020, 806 KAR 2:030, 806 KAR 2:040, and 806 KAR 2:050.
806 KAR 2:097. Filing of local government premium tax ordinances; notification to insurers.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Commissioner’s Office: Managed Care
907 KAR 17:015 & E. Managed care organization requirements and policies relating to providers.
The Subcommittee adjourned at 1:35 p.m. until March 6, 2017, at 1 p.m.