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HB 1/FN/LM (BR 483) - G. Stumbo, P. Bather, H. Moberly
AN ACT relating to solid waste and making an appropriation therefor.
Create new sections of subchapter 43 of KRS 224 to create container recycling program; establish refund value for containers; require dealers to sell containers that show a refund value on the label or container; require redemption centers be operated by county or state; allow private entities and retailers to operate redemption centers; require state to certify redemption centers; require redemption centers to reimburse container refund value; allow redemption centers to refuse to accept certain containers; require distributors to pay minimum refund value for containers to state; require distributors to pay advance disposal fee for fast food packaging to state; establish penalty for distributors who fail to pay; create the Kentuckians Against Trash fund; designate use of fund money; establish per container handling fees for redemption centers; create the Container Recycling Authority; establish membership and terms of authority members; establish a director of the authority and allow staff to be hired; establish duties of the authority; establish terms for authority to borrow money; require audit of fund; require counties to establish a line item in budgets for fund money received; require counties to report on expenditure of fund money; establish penalties for violations; grant Container Recycling Authority the authority to promulgate administrative regulations; create the adopt a highway fund; allow the Department of Transportation to solicit donations for the adopt a highway program; require counties to have a solid waste coordinator; allow counties to share solid waste coordinators; establish duties of solid waste coordinators; create a toll free phone line for reporting vehicles containing persons who litter and unsecured loads; require defendant to reimburse a witness for expenses upon conviction; require solid waste coordinators to enforce criminal litter laws; amend definition of universal collection to mean curbside or end-of-driveway collection; require counties to provide universal collection as amended; establish reporting requirements for county universal collection programs; allow counties to set reduced fees for low-income households; require Natural Resources and Environmental Protection Cabinet to operate universal collection program if county fails to achieve statewide average of garbage collection; allow counties to collect solid waste pick-up fees in advance by placing fee on property tax bill; provide exemptions from universal collection for vacation property owners; require Natural Resources and Environmental Protection Cabinet to report on the status of universal collection; repeal KRS 224.43-315; appropriate three million dollars from the general fund to the Container Recycling Authority; establish effective date of July 1, 2001, for the container recycling program.
HB 1 - AMENDMENTS
HCS/FN/LM - Retain original provisions of bill; clarify definition of fruit and vegetable juices and medical foods; add definition of nutritional beverages; amend the definition of distributor; require fast-food retail establishments to pay the advance disposal fee rather than distributors; create new section of KRS Chapter 438 to create an offense of littering with minimum and maximum fines; allow fines from offense of littering as created in KRS Chapter 438 to be transferred to counties; allow fines for littering to be prepaid; make technical amendments to conform; clarify reporting requirements for counties for universal garbage collection; allow counties to be exempted from universal collection if the county has a collection program in place that meets or exceeds 85% collection of municipal solid waste; clarify conditions upon which the Natural Resources and Environmental Protection Cabinet would operate a county's universal collection program; allow a county to require a commercial or industrial entity that is excluded from universal collection to show proof that its solid waste is disposed of properly; require appropriate local officials to cooperate in placing solid waste pick-up fees on property tax bills in advance, and to aid in the collection of those fees; amend KRS 224.10-620 to include the Container Recycling Authority in the group that establishes a program to educate citizens on reducing and managing waste effectively; amend KRS 224.10-650 to allow the Natural Resources and Environmental Protection Cabinet to redeem beverage containers collected through the source separation and collection program; amend KRS 224.10-660 to require the Kentucky Recycling and Marketing Assistance Program to advise the Container Recycling Authority as needed in the marketing of recovered beverage containers; and repeal KRS 512.070 to conform.
HCA (1, M. Marzian) - Require all restaurants that provide carry-out service, rather than just restaurants with drive-through windows, to pay the advanced disposal fee.
HFA (1, H. Anderson) - Create new sections of KRS 224.43 to require mandatory garbage collection; require counties, urban county governments, and charter county governments to provide curbside or end of driveway collection to residents and require residents to participate; require collection to be continued when collection fees are not paid; provide exemption for commercial or industrial entities with county approval; establish reporting requirements for counties and franchisees; require franchisee reports to be kept confidential; allow county to establish reduced solid waste pick-up fees for low income households; allow the county to place a lien upon all motor vehicles owned or leased by a person who fails or refuses to pay solid waste pick-up fees; allow county to submit list of names of persons who fail or refuse to pay solid waste pick-up fees to Transportation Cabinet for listing on automated vehicle information system database; prohibit any vehicle registered to a person who is listed in the database for nonpayment of fees from being renewed until fees are paid; prohibit Commonwealth from endorsing projects for counties that fail to implement and maintain universal collection; grant Natural Resources and Environmental Protection Cabinet the authority to promulgate administrative regulations and establish standards for the implementation and maintenance of universal collection; amend KRS 186.180 to conform; create new section of KRS 186A to conform; and repeal KRS 224.10-660.
HFA (2, H. Anderson) - Create new sections of KRS 224.43 to require mandatory garbage collection; require counties, urban county governments, and charter county governments to provide curbside or end of driveway collection to residents and require residents to participate; require collection to be continued when collection fees are not paid; provide exemption for commercial or industrial entities with county approval; establish reporting requirements for counties and franchisees; require franchisee reports to be kept confidential; allow county to establish reduced solid waste pick-up fees for low income households; allow the county to place a lien upon all motor vehicles owned or leased by a person who fails or refuses to pay solid waste pick-up fees; allow county to submit list of names of persons who fail or refuse to pay solid waste pick-up fees to Transportation Cabinet for listing on automated vehicle information system database; prohibit any vehicle registered to a person who is listed in the database for nonpayment of fees from being renewed until fees are paid; prohibit Commonwealth from endorsing projects for counties that fail to implement and maintain universal collection; grant Natural Resources and Environmental Protection Cabinet the authority to promulgate administrative regulations and establish standards for the implementation and maintenance of universal collection; amend KRS 186.180 to conform; create new section of KRS 186A to conform; repeal KRS 224.10-660; create the Solid Waste and Recycling Task Force; and direct task force to make recommendations to the Legislative Research Commission for solutions to litter and illegal dumping, and ways to stimulate recycling.
HFA (3, H. Anderson) - Delete Sections 1 to 36 in their entirety; create new sections of KRS 224.43 to create state recycling cooperative program; create Kentucky Recycling Cooperative Group to administer the program; allow participating local governments to receive grant and other money from the fund; create board of directors to administer affairs of group; allow group to hire executive director; set forth duties of board; establish authority of group; set forth duties of executive director; require public audit of group's account; require tipping fee of $1.50 at every solid waste landfill in addition to regular tipping fees; require operators of solid waste landfill to pay tipping fee to Revenue Cabinet; set forth penalties for late payments; create the Recycling Cooperative Fund to be administered by the group; set forth use of fund money; allow participating local governments to keep its share of the money from the sale of recovered material; create new sections of KRS 224.43 to require mandatory garbage collection; require counties, urban county governments, and charter county governments to provide curbside or end of driveway collection to residents and require residents to participate; require collection to be continued when collection fees are not paid; provide exemption for commercial or industrial entities with county approval; establish reporting requirements for counties and franchisees; require franchisee reports to be kept confidential; allow county to establish reduced solid waste pick-up fees for low income households; allow the county to place a lien upon all motor vehicles owned or leased by a person who fails or refuses to pay solid waste pick-up fees; allow county to submit list of names of persons who fail or refuse to pay solid waste pick-up fees to Transportation Cabinet for listing on automated vehicle information system database; prohibit any vehicle registered to a person who is listed in the database for nonpayment of fees from being renewed until fees are paid; prohibit Commonwealth from endorsing projects for counties that fail to implement and maintain universal collection; grant Natural Resources and Environmental Protection Cabinet the authority to promulgate administrative regulations and establish standards for the implementation and maintenance of universal collection; amend KRS 186.180 to conform; create new section of KRS 186A to conform; repeal KRS 224.43-315; and repeal KRS 224.10-660.
HFA (4/Title, H. Anderson) - Make title amendment.
HFA (5, T. Feeley) - Retain original provisions and require the container recycling program and the advance disposal fee to sunset after 6 years, unless the General Assembly reenacts those provisions.
HFA (6, R. Palmer) - Amend house committee substitute to define "bottler"; require a redemption center to segregate refillable containers and contact the bottler for pick up; allow a credit for bottlers against the minimum refund value for refillable containers; establish reporting requirements for credit; require public service announcements to include messages about the benefits of refillable containers; and prohibit redemption centers from receiving handling fees for refillable containers.
HFA (7, G. Stumbo) - Delete sections 1 through 18 of HB 1/HCS requiring container deposits and advance disposal fees; retain universal garbage collection that requires door-to-door solid waste pickup; create new section KRS 224.43 to require an annual environmental impact fee for bottlers, beverage distributors, other distributors, manufacturers, and retailers; establish sliding scale of $200 to $2,000 for fee based on annual gross receipts; require each bottler location, beverage distributor location, and retail location to pay the fee; create the Kentuckians Against Trash Fund to be administered by the Revenue Cabinet; designate 18% of funds for roadside litter cleanup of interstates, state highways, and rural secondary roads by the Transportation Cabinet; designate 30% of funds for roadside litter cleanup by counties of roads other than interstates, state highways, and rural secondary roads; designate 38% to counties to use in the following order of priority: universal garbage collection, cleanup of illegal dumps; development or expansion of recycling programs; solid waste and recycling education, and other solid waste or recycling programs as approved by the cabinet; designate 10% of funds to be used by the LRC for producing, purchasing, and airing public service announcements; designate 2% of funds to be placed in the Adopt-a-Highway Fund; designate 1% each for the Revenue Cabinet and the Natural Resources and Environmental Protection Cabinet for administrative costs; create the Kentuckians Against Trash Oversight Committee consisting of legislators, environmental groups, and industry groups to oversee how recipients of fund money actually use the money; require recipients of fund money to submit reports to the committee; require governing bodies of counties to include use of fund money in their solid waste management plans; require the county budget to include a line item to account for money to be received; include a sunset provision for the environmental impact fee if container deposit legislation is passed; and make technical corrections.
HFA (8/Title, G. Stumbo) - Make title amendment.
HFA (9/Title, G. Stumbo) - Make title amendment.
HFA (10, G. Stumbo) - Delete sections 1 through 18 of HB 1/HCS requiring container deposits and advance disposal fees; retain universal garbage collection that requires door-to-door solid waste pickup; create new section KRS 224.43 to require an annual environmental impact fee for bottlers, beverage distributors, other distributors, manufacturers, and retailers; establish sliding scale of $1,000 to $2,000 for fee based on annual taxable receipts as reported for Kentucky sales tax purposes; exempt from the fee those whose annual taxable receipts for sales tax purposes are less than $500,000; require each bottler location, beverage distributor location, and retail location to pay the fee; create the Kentuckians Against Trash Fund to be administered by the Revenue Cabinet; designate 18% of funds for roadside litter cleanup of interstates, state highways, and rural secondary roads by the Transportation Cabinet; designate 30% of funds for roadside litter cleanup by counties of roads other than interstates, state highways, and rural secondary roads; designate 38% to counties to use in the following order of priority: universal garbage collection, cleanup of illegal dumps; development or expansion of recycling programs; solid waste and recycling education, and other solid waste or recycling programs as approved by the cabinet; designate 10% of funds to be used by the LRC for producing, purchasing, and airing public service announcements; designate 2% of funds to be placed in the Adopt-a-Highway Fund; designate 1% each for the Revenue Cabinet and the Natural Resources and Environmental Protection Cabinet for administrative costs; create the Kentuckians Against Trash Oversight Committee consisting of legislators, environmental groups, and industry groups to oversee how recipients of fund money actually use the money; require recipients of fund money to submit reports to the committee; require governing bodies of counties to include use of fund money in their solid waste management plans; require the county budget to include a line item to account for money to be received; include a sunset provision for the environmental impact fee if container deposit legislation is passed; and make technical corrections.
HFA (11, G. Stumbo) - Decrease to 75% from 85% the collection rate for solid waste that must be attained by a county, urban-county, or charter county government to be exempt from the requirements of the universal collection program.
HFA (12, H. Anderson) - Retain provisions of HFA 10 to HB1/HCS; include alcohol in taxable sales at retail level; lower threshold of exemptions from environmental impact fee from $500,000 to $200,000; require individual retail locations exempt from the fee to combine gross receipts and pay fee based on combined revenue; and require out-of-state distributors doing business in Kentucky to pay fee.
(Prefiled by the sponsor(s))
Jan 4-introduced in House; to Appropriations and Revenue (H)
Feb 14-posting waived
Feb 15-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1)
Feb 16-2nd reading, to Rules; floor amendments (1) (2) and (3) filed to Committee Substitute, floor amendment (4-title) filed
Feb 24-posted for passage in the Regular Orders of the Day for Friday, February 25, 2000
Feb 25-floor amendment (5) filed to Committee Substitute
Feb 28-floor amendment (6) filed to Committee Substitute
Mar 2-floor amendment (7) filed to Committee Substitute, floor amendment (8-title) filed
Mar 3-floor amendment (9-title) filed
Mar 6-floor amendment (8-title) withdrawn ; floor amendments (10) and (11) filed to Committee Substitute
Mar 7-floor amendment (12) filed ; 3rd reading; Committee Substitute adopted; floor amendments (10) and (11) adopted ; floor amendments (1) and (3) defeated ; defeated 41-54
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