Kentucky
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Senate Bill 261

Actions | Amendments
Last Action 03/11/21: to Committee on Committees (H)
Title AN ACT relating to stream and wetland mitigation.
Bill Documents Current/Final
Introduced
Bill Request Number 1378
Sponsor J. Higdon
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 non-governmental 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 capital 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
Appropriations - Wetland and stream mitigation fund
Jump to Proposed Amendments Senate Committee Substitute 1
Senate Committee Amendment 1
Votes Vote History

Actions

Top | Amendments
02/22/21
  • introduced in Senate
  • to Committee on Committees (S)
02/24/21
  • to Natural Resources & Energy (S)
03/03/21
  • reported favorably, 1st reading, to Consent Calendar with Committee Substitute and committee amendment (1-title)
03/04/21
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 5, 2021
03/05/21
  • 3rd reading, passed 36-0 with Committee Substitute and committee amendment (1-title)
03/11/21
  • received in House
  • to Committee on Committees (H)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Summary Delete all sections of SB 261; amend KRS 150.255 to add a report by the Kentucky Stream and Wetland Mitigation fund to the Legislative Research Commission; create a 13 member In-Lieu Fee Stream and Wetland Mitigation Task Force; specify the mission of the task force to examine process, impediments, and improvements to delivering compensatory mitigation by the in-lieu fee program operated by the Kentucky Department of Fish and Wildlife Resources; require the task force to meet at least four times during the 2021 interim and to submit findings, recommendations, or memorandum to the Legislative Research Commission by November 30, 2021.
Index Headings Environment and Conservation - In-Lieu Fee Stream and Wetland Mitigation Task Force, authorization of, fund report
Fish and Wildlife - In-Lieu Fee Stream and Wetland Mitigation Task Force, authorization of, fund report
Studies Directed - In-Lieu Fee Stream and Wetland Mitigation Task Force, authorization and report of
Task Forces, Legislative Branch - In-Lieu Fee Stream and Wetland Mitigation Task Force, authorization and report of

Amendment Senate Committee Amendment 1
Sponsor R. Webb
Summary Make title amendment.
Index Headings Title Amendments - SB 261

Last updated: 11/9/2023 2:52 PM (EST)