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HB 237/FN/LM (BR 1065) - L. Clark, J. Callahan, J. Adams, R. Adkins, P. Bather, I. Branham, T. Burch, De. Butler, P. Clark, H. Collins, B. Colter, H. Cornett, J. Crenshaw, R. Crimm, M. Denham, J. Draud, K. Hall, J. Haydon, C. Hoffman, D. Horlander, J. Jenkins, Ji. Lee, M. Marzian, T. McKee, R. Meeks, C. Miller, H. Moberly, R. Nelson, R. Palmer, T. Pullin, A. Simpson, K. Stein, J. Thompson, J. Wayne, M. Weaver, R. Wilkey
AN ACT relating to environmental protection.
Create definition for administering agency responsible for universal collection; define "curbside collection service"; amend KRS 224.01-010 to define "universal collection" to require establishment of curbside collection in, and require payment and participation by persons within, the district of administering agency; amend KRS 224.43-315 to require that all administering agencies' plans include an implementation plan for universal collection and that the cabinet must approve or disapprove in 60 days; such plans to include a plan for weekly curbside collection; provide for alternative methods for hardship due to inaccessibility; provide that cleaning up dumps exempts an administering agency from universal collection requirements; provide for exemption from penalties and time requirements for cleaning open dumps; provide for alternative collection methods; require annual report on participation ; provide for conditions for exemption of cites; permit withholding of endorsement of projects for failure to comply, and provide for Transportation Cabinet to withhold 10% of funds for failure to comply and use withheld funds for litter abatement; require waste management plans to contain enactment regulations or ordinance regarding open dumps on private property; require plans to contain description of universal collection program; provide that administering agencies may require use of municipal solid waste facility if county/WMD owns facility or facility has been awarded a franchise; amend KRS 109.056 to permit $.10 per $100 of assessed property valuation tax to pay for universal collection, or in lieu of tax, a service charge which may be billed for collection by administering agency, or by agreement with other agencies; provide that the charge may be put on property tax bill; amend KRS 109.056 to provide for procedure for calculating and collecting service charges placed on property tax bills provide for granting of authority to collect service charges; provide for procedures and time frames for collection of delinquent service charges; provide for conditions and penalties under which delinquent service charges may be placed on property tax bills; provide that owners of leased property are responsible for delinquent fees; provide that delinquent fees are not cause for removal from program; create litter violation and establish a civil penalty; provide that defendant pay costs of witnesses; provide that a county may delegate authority but remains responsible for compliance; make conforming changes.
HB 237 - AMENDMENTS
HCS/FN/LM - Permit a commercial or industrial entity to petition for an exemption from and the administering agency to grant an exemption from a universal collection system if the commercial or industrial entity is lawfully contracting for the lawful disposition of its municipal solid waste; provide that the cabinet first determines that a county, waste management district or city has eliminated open dumps before the county, city or waste management district is not required to implement a universal collection system; provide for an appeal under the provisions of KRS Chapter 13B for any decision of the cabinet regarding open dumps; include a severability clause; provide that an administering agency may collect solid waste collection charges that delinquent as of January 1, 2003; provide that each administering agency shall implement a universal collection system by January 1, 2003 for all municipal solid waste generated within the city, county or waste management district; make technical corrections; renumber Section 12 to Section 13.
HFA (1, K. Bratcher) - Amend to provide that if a landfill creates detectable odors in a residential area a fine of $1,000 per day may be imposed on the landfill operator.
HFA (2, K. Bratcher) - Amend to provide that landfills in counties with cities of the first class may not expand beyond present permitted capacity and size.
HFA (3, K. Bratcher) - Amend to provide that landfills must construct a barrier to the sight.
HFA (4, J. Hoover) - Delete the original provisions; create a new section of KRS Chapter 438 to establish a $750 fine for littering with the money to be distributed to the agency responsible for issuing the citation and the litter enforcement and abatement accounts of local governments; require counties and urban-counties to establish litter enforcement and abatement programs; amend KRS 224.99-010 to require fines assessed against open dumps to distributed to the agency responsible for issuing the citation and to local litter enforcement and abatement programs.
HFA (5, J. Gooch) - Make clarifying changes; allow any person rather than just commercial and industrial entities to be excluded from participating in the universal collection system to the extent the person provides proof of having entered into a contract for collection service.
HFA (6/FN/LM, L. Clark) - Retain original provisions of the bill; delete definition of administering agency and amend the definition of open dumps in KRS 224.01-010; delete references to administering agency in KRS 224.43-315; give waste management districts same authority as counties for solid waste management; permit personal household subscriptions to comprise a portion of curbside service; include technical language to give the Transportation Cabinet the authority to withhold road funds from counties and proscribe use of withheld funds for programs that abate litter; prohibit industrial solid waste generated by a commercial or industrial entity to be subject to universal collection; delete reference to administering agency, give waste management districts the same authority as counties for solid waste management, and make technical corrections in KRS 224.43-345; delete reference to administering agency, give waste management districts the same authority as counties for waste management, and make technical corrections in KRS 109.059; delete reference to administering agency, give waste management districts the same authority as counties for waste management; require counties and waste management districts to refund or give a credit to customers that are overcharged due to extended absences from their household or business in KRS 109.056; make technical corrections and substitute counties and waste management districts for administering agency in KRS 109.300; provide that increases in the property tax bill that are collected for delinquent customers are retained in the county or waste management district in KRS 109.310; provide that disbursement of payment to service providers for delinquent accounts collected by the county or waste management district are remitted no later than thirty days; create a new section of KRS Chapter 109 to proscribe termination of curbside collection for delinquent customers; require that franchise contracts contain stipulation for non-termination of delinquent customers; require non-termination of service to delinquent customers who have personal subscription service; and make conforming section and subsection reference changes in all sections.
HFA (7, F. Rasche) - Provide that counties opting to seek exemption from universal collection requirements and penalties by cleaning up open dumps are not required to clean up open dumps in cities which have universal collection systems.
HFA (8, T. Riner) - Amend to provide that host agreements shall publicize notification of the availability of the draft agreement; provide that time, place, date of meetings be published; provide that cabinet make host agreements available; provide that contents of public notice include amount of waste proposed for disposal and size of area.
HFA (9, G. Lindsay) - Create a new section of KRS Chapter 224.43 to provide for appeal of decisions under the chapter to circuit court in county where property in question is located; create a new section of KRS Chapter 109 to provide for appeal of decisions under the chapter to circuit court in county where the property in question is located.
HFA (10/FN/LM, L. Clark) - Retain original provisions of the bill; delete definition of administering agency and amend the definition of open dumps in KRS 224.01-010; delete references to administering agency in KRS 224.43-315; give waste management districts same authority as counties for solid waste management; permit personal household subscriptions to comprise a portion of curbside service; include technical language to give the Transportation Cabinet the authority to withhold road funds from counties and proscribe use of withheld funds for programs that abate litter; prohibit industrial solid waste generated by a commercial or industrial entity to be subject to universal collection; delete reference to administering agency, give waste management districts the same authority as counties for solid waste management, and make technical corrections in 224.43-345; delete reference to administering agency, give waste management districts the same authority as counties for waste management, and make technical corrections in KRS 109.059; delete reference to administering agency, give waste management districts the same authority as counties for waste management; require counties and waste management districts to refund or give a credit to customers that are overcharged due to extended absences from their household or business in KRS 109.056; make technical corrections and substitutes counties and waste management districts for administering agency in 109.300; prescribe that increases in the property tax bill that are collected for delinquent customers are retained in the county or waste management district in 109.310; provides that disbursement of payment to service providers for delinquent accounts collected by the county or waste management district are remitted no later than thirty days; create a new section of KRS Chapter 109 to proscribe termination of curbside collection for delinquent customers; require that franchise contracts contain stipulation for non-termination of delinquent customers; require non-termination of service to delinquent customers who have personal subscription service; and make conforming section and subsection reference changes in all sections.
HFA (11, G. Lindsay) - Create a new section of KRS Chapter 224.43 to provide for appeal of decisions under the bill to circuit court in county where property in question is located; create a new section of KRS Chapter 109 to provide for appeal of decisions under the bill to circuit court in county where property in question is located.
HFA (12, A. Arnold) - Amend to provide that a county, city, or waste management district is not responsible for cleaning open dumps on private property to receive exemption.
SCS/FN/LM - Delete the original provisions; place as the top priority for the state's solid waste management practices collection of municipal solid waste for proper management; declare the state's purpose to assist counties and waste management districts with financial incentives to meet or exceed an 85% rate of citizen participation in the collection of municipal solid waste for proper management; direct the cabinet to give priority in awarding grants and loans to counties and waste management districts that achieve state municipal solid waste collection goals; require annual reports to include information on anti-litter and anti-dumping campaigns and to include details about households using municipal solid waste collection systems; require detailed information on progress on cleaning up illegal open dumps; require solid waste management plans to include information on public or private methods available within the county or waste management district for municipal solid waste collection, including participation rates and costs; require solid waste management plans to be amended by July 1, 2002, to set out a strategy for the county to achieve, at the minimum, an 85% rate of participation of households in a municipal solid waste collection system available in a county or waste management district; allow a county or waste management district to revise the plan completely and not need to revise it for five years thereafter; require an initial determination to be made by July 1, 2002 of the rate of participation of households in a county or waste management district in a municipal solid waste collection system; declare that the rate of participation is one factor in determining if a county or waste management district qualifies for benefits set out in Section 5 of the Act; require the cabinet to submit summaries of the annual reports to the LRC on a yearly basis; direct the cabinet to establish a program to assist counties and waste management districts in measuring success in achieving state and county solid waste management goals; establish criteria to measure success including progress of a county toward achieving, at a minimum, 85% participation of households in a municipal solid waste collection system; implementation and effectiveness of anti-litter campaigns, progress toward eliminating illegal open dumps, implementation and effectiveness of litter cleanup programs, and an accounting of county or waste management district resources committed to solid waste management plan implementation; direct the cabinet to rate a county as no progress, good progress, or outstanding progress; provide benefits to counties and waste management districts that achieve good or outstanding progress; create the County Open Dumps Cleanup fund to assist counties, waste management districts, and cities with the responsibility within its jurisdiction for implementation of the area's solid waste management plan to clean up open dumps; require counties and waste management districts to amend their solid waste management plans by July 1, 2002 to revise their schedule of illegal open dump cleanups; set out criteria for counties and waste management districts to prioritize dump cleanups; require the cabinet to establish an application process for counties, waste management districts, and cities with the responsibility within its jurisdiction for implementation of the area's solid waste management plan to apply for grants from the County Open Dumps Cleanup fund; provide counties, waste management districts, and cities criteria for the cabinet to award grants; direct the cabinet to allocate all money in the fund by June 30, 2007; require the cabinet to consider the commitment of resources of counties, waste management districts, and cities towards cleaning up and maintenance of illegal open dumps; provide findings, determinations, and declarations of the General Assembly that KY-CLEAN shall be created; provide definitions of KY-CLEAN and KY-CLEAN Board; create 26-member KY-Clean Board attached for administrative purposes to NREPC; assigns responsibilities to the board for overseeing funds of the KY-CLEAN fund and KY-CLEAN program activities; provide that the board shall direct that KY-CLEAN do and accomplish 22 specific program activities and objectives, beginning with creation of a strategic plan to reduce littering, and generally coordinating state-wide and local efforts and resources, education programs and media programs, promulgating regulations, and reporting to the Governor and legislature; provide for the responsibilities of the KY-CLEAN staff and program office to include review of solid waste management plans as they relate to: litter control and the uses of 10 listed resources that may be used for litter control and abatement, and for litter education programs; provides for approval of litter control plans, and assistance by KY-CLEAN to counties regarding their plans and plan resources; provides for counties to create local "litter control and abatement advisory and coordination councils" to assist with coordination of programs provided by public and private entities; provides that each county will report amount of litter collected in pounds each year; create the KY-CLEAN Fund; provide that a source moneys for the fund will come from a check-off on tax returns ($2, $5, $10) for the KY-CLEAN program; amend KRS 30A.190 to require that fines and costs collected for violations of litter laws and illegal open dump prohibitions be divided between the enforcing agency and the county, urban-county, or city where the violation occurred; amend KRS 433.753 relating to litter violations; amend KRS 433.757 relating to litter violations; amend KRS 433.875 relating to litter violations; amend KRS 512.070 relating to criminal littering; amend KRS 431.100 to make a conforming change with Section 13; amend KRS 224.99-010 to strengthen the open dumping and litter laws; amend 224.40-100 to declare that names found on solid waste at an illegal dump is prima facia proof of ownership of the waste and responsibility for placing the waste at the site; allow a property owner who voluntarily reports an illegal open dump on the property and who denies access to dumpers to be shielded from civil or administrative actions by the cabinet; establish a procedure for a county or waste management district to start a municipal solid waste collection service that will displace a private company; require the cabinet to estimate the cost of implementing the Act; amend the state budget to transfer $4,000,000 from the Highway Construction Contingency Account to the KY-CLEAN fund for maintaining roadway right-of-ways free of litter and solid waste; amend the state budget to provide $5,221,000 for debt service for bonds issued to finance the County Open Dumps Cleanup project to be administered by the NREPC; amend the state budget provisions relating to the NREPC to authorize the NREPC to expend $5,000,000 transferred from the Judgments budget unit to be used for debt service for $26,000,000 new bond authorization to finance the County Open Dumps Cleanup fund; amend the state budget provisions relating to the NREPC to conform to Sections 24 and 25; declare that Sections 23 to 26 prevail over the state budget bill.
SCA (2, E. Harris) - Require the cabinet when considering applications for funding from the County Open Dumps Cleanup fund to include consideration of the commitment of resources of the applicant.
SCA (3, E. Harris) - Require that the office that employs an officer who enforces the litter laws, rather than the officer, to report the location of discovered open dumps.
SCA (4, E. Harris) - Clarify that the requirements for displacing a municipal solid waste collection service by a local government relate to private companies collecting municipal solid waste by the subscription method.
SCA (5, E. Harris) - Amend KRS 224.01-010 to include a definition of gasification.
SCA (6, E. Harris) - Transfer $1,046,00 from the Judgments budget unit instead of $5,000,000 for debt service on a $7,000,000 new bond rather than $26,000,000.
SCA (7/Title, E. Harris) - Make title amendment.
SFA (1, D. Adams) - Amend to provide that open dump cleanup for exemption to universal curbside collection is not required on abandoned mine areas or coal refuse disposals or coal processing areas.
Feb 8-introduced in House
Feb 9-to Natural Resources and Environment (H); posted in committee
Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 19-2nd reading, to Rules; posted for passage in the Regular Orders of the Day forTuesday, February 20, 2001; floor amendments (1) (2) and (3) filed to Committee Substitute
Feb 20-floor amendments (4) and (5) filed to Committee Substitute
Feb 21-floor amendments (6) (7) (8) and (9) filed to Committee Substitute
Feb 22-floor amendments (10) and (11) filed to Committee Substitute
Feb 23-floor amendment (12) filed to Committee Substitute ; 3rd reading; floor amendment (5) rejected ; floor amendments (1) and (3) ruled not germane ; floor amendment (4) defeated ; passed 70-28 with Committee Substitute, floor amendments (7) (10) and (11)
Feb 26-received in Senate
Feb 27-to Agriculture and Natural Resources (S)
Mar 1-reported without opinion; 1st reading, to Calendar
Mar 2-2nd reading, to Rules; recommitted to Agriculture and Natural Resources (S)
Mar 5-floor amendment (1) filed
Mar 6-reported favorably, to Rules with Committee Substitute, committee amendments (2) (3) (4) (5) and (6) to Committee Substitute and (7-title)
Mar 7-posted for passage in the Regular Orders of the Day for Wednesday, March 7, 2001; 3rd reading; floor amendment (1) withdrawn ; defeated 20-18 with Committee Substitute, committee amendments (2) (3) (4) (5) and (6)
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