| Last Action | 03/09/22: recommitted to Appropriations & Revenue (H) |
|---|---|
| Title | AN ACT relating to stream and wetland mitigation, making an appropriation therefor, and declaring an emergency. |
| Bill Documents | Introduced |
| Bill Request Number | 1557 |
| Sponsors | J. Miller, C. Massey |
| Summary of Original Version | Create new sections of KRS Chapter 150 to establish definitions; authorize the Department of Fish and Wildlife Resources to make acquisitions for compensatory mitigation projects; clarify who holds interests in the property for acquisition types, including alternative delivery procurement; allow for the acquisition price of interests to be greater than appraised value when using comparable sales comparison or market approach appraisal methods; allow for a limited use of condemnation of mineral estates when there is a severance of the surface and subsurface; allow the department to procure construction contracting for compensatory mitigation projects using alternative delivery including design-build, design-bid-build, and full delivery compensatory mitigation and exempt the department from requirements of KRS Chapters 45 and 45A; allow for procurement of mitigation credits from an existing mitigation bank with restrictions; establish the requirements for full delivery compensatory mitigation including contract, procurement requirements, method of remittance on work, protests and appeals; establish the departments powers and prerogatives with implementing the in-lieu fee program for compensatory mitigation projects; require all vendors and any foreign entities to be in good standing and in compliance with unemployment and workers compensation requirements; set penalty for violations; amend KRS 45.750 to add compensatory mitigation credit purchases to the definition of "capital construction item" and include credit purchases and use of full delivery mitigation to the definition of "capital project"; and add definitions; exempt real estate purchased for compensatory mitigation projects or purchase of compensatory mitigation credits from the provisions of KRS 45.760 to 45.810; amend KRS 45.777 to exempt sale or transfer of title or interests in real property from requirements to deposit receipts into the general fund; amend KRS 45.760 to add expenditure of funds for compensatory mitigation to the automatic authorization when project is not listed in branch budget bill and transfer to the allotment account and exceed the 15 percent limitation; require the notation of the payout for the allotment to be transmitted to the Capital Projects and Bond Oversight Committee; and exempt projects or equipment purchases from the limitations before being authorized; amend KRS 45A.030 to include compensatory mitigation projects and credits to the definitional exception of chief purchasing officer, construction, procurement and add additional definitions; amend KRS 45A.045 to exempt the Department of Fish and Wildlife from the requirement to have Finance and Administration Cabinet make all acquisitions and be the chief purchasing officer for the department; amend KRS 45A.050 to vest the Department of Fish and Wildlife with the rights, powers, and duties and authority for procurement; amend KRS 45A.425 to authorize the Department of Fish and Wildlife to dispose of surplus property and declare a completed compensatory mitigation property as surplus property; amend KRS 150.024 to clarify the right of eminent domain is limited and restricted when the acquisition is made for a compensatory mitigation project; and amend KRS 150.255 to clarify that compensatory mitigation projects must be approved by the United States Army Corps of Engineers and the department and adding purchase of compensatory mitigation credits to the use of funds; express when remittance may be made on a contract even if it is outside of the procurement methodology; clarify that the department coordinates all aspects of a compensatory mitigation project and when the project vests under a full delivery compensatory mitigation project; amend KRS 382.850 to allow the Department of Fish and Wildlife Resources or a mitigation bank to acquire conservation easements and protect the land where there is a severance of a mineral estate and surface and establish a penalty if the surface is disturbed by subsequent exercise of mining activity; establish procedure for enforcement; and add definitions; APPROPRIATION; EMERGENCY. |
| Index Headings of Original Version |
Deeds and Conveyances - Department of Fish and Wildlife acquisitions and purchases, title restrictions Effective Dates, Emergency - Compensatory mitigation, projects and credits, acquisition and procurement Environment and Conservation - Compensatory mitigation, projects and credits, acquisition and procurement Fish and Wildlife - Compensatory mitigation, projects and credits, acquisition and procurement Purchasing - Fish and Wildlife chief officer for acquisitions, compensatory mitigation projects and credits Real Estate - Compensatory mitigation, projects and credits, acquisition and procurement Surface Mining - Penalty for surface disturbance, exercise of mineral estate on property under conservation easement Waterways and Dams - Compensatory mitigation, projects and credits, acquisition and procurement Workers' Compensation - Compensatory mitigation projects, vendor requirements Appropriations - Kentucky Wetland and Stream Mitigation Fund, mitigation projects Coal - Eminent domain, limited right of condemnation for compensatory mitigation projects |
| Jump to Proposed Amendments |
House Committee Substitute 1 House Floor Amendment 1 |
| 02/16/22 |
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|---|---|
| 03/02/22 |
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| 03/03/22 |
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| 03/04/22 |
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| 03/08/22 |
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| 03/09/22 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Summary | Retain provisions of HB 513, except clarify in the definition of "full delivery" compensator mitigation that it requires the execution of a site protection instrument; clarify that donation of property under full delivery compensatory mitigation can only occur after it is approved by the United States Army Corps of Engineers and that the site protection is permanent and the easement owner remains responsible for permanent site protection; clarify the definition of "site protection instrument" is for a duration of perpetuity or for a time frame prescribed by the United States Army Corps of Engineers; clarify that design-build and design-bid-build procurement are used for for engineering and construction-related services; allow the Department of Fish and Wildlife Resources to receive a conservation easement; delete requirement that purchase of mitigation credits be from an existing mitigation bank in the same service or hydrologic area; clarify that site protection is long-term and delete the right of a vendor to transfer the site protection instrument or easement to the department after the compensatory mitigation project is completed; require that the request for proposals for a compensatory mitigation project include the service or other geographic area; allow the department to request any other information necessary for the request for proposal; make grammatical and technical corrections. |
| Index Headings |
Environment and Conservation - Compensatory mitigation, definitional changes, request for proposal detail Fish and Wildlife - Compensatory mitigation, definitional changes, request for proposal detail Flood Control and Flooding - Compensatory mitigation, definitional changes, request for proposal detail Forests and Forestry - Compensatory mitigation, definitional changes, request for proposal detail Land Use - Compensatory mitigation, definitional changes, request for proposal detail Pollution - Compensatory mitigation, definitional changes, request for proposal detail |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | J. Miller |
| Summary | Delete requisites for using eminent domain for compensatory mitigation where there is a severance of the surface and the mineral estate; delete section 16, renumber subsequent subsections of the bill, and make conforming internal reference changes. |
| Index Headings |
Eminent Domain and Condemnation - Compensatory mitigation, eminent domain, severance Energy - Compensatory mitigation, eminent domain, severance Environment and Conservation - Compensatory mitigation, eminent domain, severance Fuel - Compensatory mitigation, eminent domain, severance Surface Mining - Compensatory mitigation, eminent domain, severance Coal - Compensatory mitigation, eminent domain, severance |
Last updated: 2/8/2023 2:57 PM (EST)