04RS SJ3

SJR3

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SJR 3 (BR 305) - R. Roeding, J. Denton, D. Seum, K. Stine, D. Thayer, J. Westwood

     Directs the Natural Resources and Environmental Protection Cabinet (NREPC) to close the Northern Kentucky Emissions Check Program (VET) on or before November 1, 2004, terminate the contract with the operators of the VET program, and ensure that vehicle owners are not penalized for failures to comply with program requirements prior to November 1, 2004, after October 31, 2004.

SJR 3 - AMENDMENTS


     SFA (1, R. Roeding) - Declare that the Northern Kentucky Emissions Check Program is unconstitutional, illegal, and unenforceable and that any contract term that purports to bind the Commonwealth to its terms or to create a debt payable by the Commonwealth is unconstitutional, illegal, and unenforceable rather than to direct the Natural Resources and Environmental Protection Cabinet to terminate the contract and close the program.

     HCS - Replace test of the original resolving provisions with the following: direct the Natural Resources and Environmental Protection Cabinet (NREPC) to submit a revised State Implementation Plan (SIP) to the federal Environmental Protection Agency (EPA) reflecting the removal of the Northern Kentucky vehicle emissions testing program; declare that the contract for VET testing services is a violation of the constitution and unenforceable; direct NREPC and the Transportation Cabinet to remove sanctions for motorists who do not comply with VET requirements prior to the cancellation of the VET program; direct NREPC to create a SIP without a VET program in the event that the area is declared in nonattainment for the 8-hour ozone or 2.5 PM standards; direct NREPC to provide technical assistance and training to the Louisville Metro Air Pollution Control District, if asked.

     HFA (1, C. Walton) - Delete all text in the resolving sections and replace as follows: direct Natural Resources and Environmental Protection Cabinet (NREPC) to submit a revision to the State Implementation Plan (SIP) to the federal Environmental Protection Agency (EPA) that removes vehicle emissions testing (VET) in Northern Kentucky from the state SIP; state that the Commonwealth will determine best method to comply with Clean Air Act standards and not permit punitive actions against citizens and businesses; direct NREPC and Transportation Cabinet to ensure no vehicle owners have registration affected after cancellation of the VET program; direct NREPC to formulate state SIP without a VET program in Northern Kentucky if the area is designated nonattainment for 8-hour Ozone; direct NREPC to provide technical assistance, if asked, to the Louisville Metro Air Pollution Control District related to compensating reductions in emissions in order not to have to rely on a VET program.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in Senate
     Jan 7-to Agriculture and Natural Resources (S)
     Jan 15-reported favorably, 1st reading, to Calendar
     Jan 16-2nd reading, to Rules
     Jan 26-posted for passage in the Regular Orders of the Day for Tuesday, January 27, 2004; floor amendment (1) filed
     Jan 27-3rd reading, adopted 19-16 with floor amendment (1)
     Jan 28-received in House
     Jan 29-to Natural Resources and Environment (H)
     Feb 24-posted in committee
     Mar 9-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 10-2nd reading, to Rules
     Mar 16-posted for passage in the Regular Orders of the Day for Wednesday, March 17, 2004
     Mar 23-floor amendment (1) filed
     Mar 25-3rd reading, adopted 93-2 with floor amendment (1) ; received in Senate
     Mar 29-posted for passage for concurrence in House Committee Substitute for Monday, March 29, 2004; Senate concurred in House floor amendment (1) ; adopted 22-15; enrolled, signed by each presiding officer; delivered to Governor
     Apr 9-signed by Governor (Acts ch. 115)


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