House Bill 246

Actions | Amendments
Last Action signed by Governor (Acts, ch. 105)
Title AN ACT relating to solid waste management and declaring an emergency.
Bill Documents Current/Final
Introduced
Impact Statements Local Mandate
Bill Request Number 401
Sponsors J. Miller, S. Riggs, K. Bratcher, K. Fleming , P. Moffett
Summary of Original Version Amend KRS 109.041 to prohibit a county or waste management district from prohibiting or restricting materials recovery by a city in a county containing a consolidated local government; prohibit the consolidated local government or waste management district from hindering, delaying, impairing, prohibiting, or impeding a city or its contractors from utilizing a solid waste management facility; prohibit a county or waste management district from levying a fee that is based on the composition of the solid waste stream of the city if the waste stream is in conformity with state and federal law for the use of the solid waste management facility receiving the waste; amend KRS 109.115 to provide for the mayoral appointment of a seven-member board of directors of a waste management district for a county containing a consolidated local government and to restrict current appointment language to other counties; establish a two-year term for directors and require appointment of new board; amend KRS 109.120 to require that waste management district rules and regulations in counties containing a consolidated local government be approved by the appropriate legislative body; provide that rules and regulations of a district that were adopted prior to the effective date of this Act shall sunset on August 31, 2017, unless reauthorize by the new board; require that districts make notices, meeting agenda's and minutes available on a Web site operated by the consolidated local government; declare offices of board in county containing a consolidated local government vacant; EMERGENCY.
Index Headings of Original Version Effective Dates, Emergency - Solid waste management facilities, use of by cities in consolidated local government
Fees - Waste management district, cities' waste stream composition, when fee prohibited
Local Government - Solid waste management facilities, use of by cities in consolidated local government
Waste Management - Solid waste management facilities, use of by cities in consolidated local government
Consolidated Local Governments - Waste management district, cities' waste stream composition, when fee prohibited
Cities - Solid waste management facilities, use of in counties containing a consolidated local government
Cities - Waste management district, cities' waste stream composition, when fee prohibited
Counties - Solid waste management facilities, use of by cities in consolidated local government
Local Mandate - Solid waste management facilities, use of by cities in consolidated local governement
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
Senate Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
02/07/17
  • introduced in House
02/09/17
  • to Local Government (H)
02/14/17
  • posted in committee
02/15/17
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/16/17
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Wednesday, February 22, 2017
  • floor amendment (1) filed to Committee Substitute
02/21/17
  • floor amendment (2) filed to Committee Substitute
02/22/17
  • 3rd reading, passed 66-29 with Committee Substitute (1) and floor amendment (2)
02/23/17
  • received in Senate
02/24/17
  • to State & Local Government (S)
03/06/17
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
03/07/17
  • taken from State & Local Government (S)
  • 2nd reading
  • returned to State & Local Government (S)
03/08/17
  • reported favorably, to Rules
  • floor amendment (1) filed
03/14/17
  • posted for passage in the Regular Orders of the Day for Tuesday, March 14, 2017
  • passed over and retained in the Orders of the Day
03/15/17
  • 3rd reading, passed 23-15 with floor amendment (1)
  • received in House
  • to Rules (H)
  • posted for passage for concurrence in Senate floor amendment (1)
  • House concurred in Senate floor amendment (1)
  • Bill passed 60-30
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/21/17
  • signed by Governor (Acts, ch. 105)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Amend Section 3 to add a new subsection (2) to direct the continuation of rules and regulations of the solid waste management district until the later of August 31, 2017, or when the district plan is approved by the department; amend the new subsection (3) to require a city to approve a rule or regulation if rejecting it would cause the city to be in violation of its solid waste management plan; add and amend KRS 224.43-340 to deem municipalities within a consolidated local government as participating in the waste management district unless the municipality opts out by ordinance wherein the municipality is to comply with KRS Chapter 224 and administrative regulations promulgated thereto.
Index Headings Effective Dates, Emergency - Solid waste management facilities, use of by cities in consolidated local government
Fees - Waste management district, cities' waste stream composition, when fee prohibited
Local Government - Solid waste management facilities, use of by cities in consolidated local government
Waste Management - Solid waste management facilities, use of by cities in consolidated local government
Consolidated Local Governments - Waste management district, cities' waste stream composition, when fee prohibited
Cities - Solid waste management facilities, use of in counties containing a consolidated local government
Cities - Waste management district, cities' waste stream composition, when fee prohibited
Counties - Solid waste management facilities, use of by cities in consolidated local government
Local Mandate - Solid waste management facilities, use of by cities in consolidated local governement

Amendment House Floor Amendment 1
Sponsor J. Miller
Summary Amend subsection (3) of Section 3 of the bill to direct a city within a consolidated local government not to reject a rule or regulation within the solid waste management plan that would cause the city to not be in compliance with federal or state law.
Index Headings Effective Dates, Emergency - Solid waste management facilities, use of by cities in consolidated local government
Fees - Waste management district, cities' waste stream composition, when fee prohibited
Local Government - Solid waste management facilities, use of by cities in consolidated local government
Waste Management - Solid waste management facilities, use of by cities in consolidated local government
Consolidated Local Governments - Waste management district, cities' waste stream composition, when fee prohibited
Cities - Solid waste management facilities, use of in counties containing a consolidated local government
Cities - Waste management district, cities' waste stream composition, when fee prohibited
Counties - Solid waste management facilities, use of by cities in consolidated local government
Local Mandate - Solid waste management facilities, use of by cities in consolidated local governement

Amendment House Floor Amendment 2
Sponsor J. Miller
Summary Delete the duplicate August 31, 2017 sunset provision found in KRS 109.120, relating to rules and regulations for the solid waste management district.
Index Headings Effective Dates, Emergency - Solid waste management facilities, use of by cities in consolidated local government
Fees - Waste management district, cities' waste stream composition, when fee prohibited
Local Government - Solid waste management facilities, use of by cities in consolidated local government
Waste Management - Solid waste management facilities, use of by cities in consolidated local government
Consolidated Local Governments - Waste management district, cities' waste stream composition, when fee prohibited
Cities - Solid waste management facilities, use of in counties containing a consolidated local government
Cities - Waste management district, cities' waste stream composition, when fee prohibited
Counties - Solid waste management facilities, use of by cities in consolidated local government
Local Mandate - Solid waste management facilities, use of by cities in consolidated local governement

Amendment Senate Floor Amendment 1
Sponsor T. Buford
Summary Amend KRS 109.310 to prohibit fees, fines, or liens from being assessed against residential property owners for the failure of the occupants of their property to enter into a contract for the collection of solid waste or to pay solid waste pick-up fees, when the owner of the property does not reside on that property, but rather allow those penalties to be assessed against the occupants of the property.
Index Headings Effective Dates, Emergency - Solid waste management facilities, use of by cities in consolidated local government
Fees - Waste management district, cities' waste stream composition, when fee prohibited
Local Government - Solid waste management facilities, use of by cities in consolidated local government
Waste Management - Solid waste management facilities, use of by cities in consolidated local government
Consolidated Local Governments - Waste management district, cities' waste stream composition, when fee prohibited
Cities - Solid waste management facilities, use of in counties containing a consolidated local government
Cities - Waste management district, cities' waste stream composition, when fee prohibited
Counties - Solid waste management facilities, use of by cities in consolidated local government
Local Mandate - Solid waste management facilities, use of by cities in consolidated local governement

Last updated: 1/16/2019 3:02 PM (EST)