21RS HB 535

House Bill 535

Actions

Last Action	03/01/21: recommitted to Appropriations & Revenue (H)
Title	AN ACT relating to stream and wetland mitigation and making an appropriation therefor.
Bill Documents	Introduced
Fiscal Impact Statement	Fiscal Note
Bill Request Number	1589
Sponsors	S. Santoro, D. Fister
Summary of Original Version	Create new sections of KRS chapter 150 to define "compensatory mitigation," "compensatory mitigation project," "compensatory mitigation site," "DA permit," "mitigation credit," " in-lieu fee program," "in-lieu fee program instrument," "mitigation bank," "mitigation credit," "service area," and "mitigation liability"; re-establish the Kentucky Wetland and Stream Mitigation Fund in a newly created section; require funds representing an unsatisfied liability under the 2008 Mitigation Rule issued by the Department of Army to be put out for contract under KRS Chapter 45A; require the Department of Fish and Wildlife Resources to make a report to the LRC that describes the in-lieu fee program and unsatisfied liabilities in service areas by December 1 of each year; allow the state to hold a permanent easement in lands acquired by it or proposed to it by a mitigation bank; require entities to have financial surety; amend KRS 150.255 to specify how governmental and nongovernmental agencies satisfy compensatory mitigation; stipulate that when the unsatisfied mitigation liability reaches 2 million dollars the in-lieu fee program shall purchase credits or issue an RFP for a commodity purchase; specify the procurement for full-delivery and the actions for mitigation on the site under the full-delivery approach; allow for compensatory mitigation to be a capitol construction project with the Commonwealth holding a conservation easement or some other environmental covenant or restriction; identify requirements for responsive bidders; APPROPRIATION.
Index Headings of Original Version	Deeds and Conveyances - Land acquisition, preservation easements, compensatory mitigation, requirements for Environment and Conservation - Compensatory mitigation projects, unsatisfied liabilities, requirements for Fish and Wildlife - Department of Fish and Wildlife, compensatory mitigation, unsatisfied liability under Forests and Forestry - Department of Fish and Wildlife, compensatory mitigation, unsatisfied liability under Land Use - Compensatory mitigation projects, unsatisfied liabilities, requirements for Pollution - Compensatory mitigation projects, unsatisfied liabilities, requirements for State Agencies - Department of Fish and Wildlife, compensatory mitigation, unsatisfied liability under Waterways and Dams - Compensatory mitigation projects, unsatisfied liabilities, requirements for Fiscal Note - Department of Fish and Wildlife, compensatory mitigation, unsatisfied liability under

02/22/21	introduced in House to Committee on Committees (H)
02/23/21	to Natural Resources & Energy (H) posted in committee
02/25/21	reported favorably, 1st reading, to Calendar
02/26/21	2nd reading, to Rules
03/01/21	recommitted to Appropriations & Revenue (H)