General Assembly 2023 Adjourns
Our thanks to you—our members and supporters—for making calls and sending emails during this session. Your actions are so important to our work.
The final two days of the regular session for the 2023 General Assembly ended on Thursday, March 30th, adjourning “sine die”. These final days were largely focused on addressing bills that the Governor had vetoed, as well as confirming the appointments for several committees and positions—including some long-awaited confirmations.
In the entirety of the session, lawmakers filed nearly 700 bills and resolutions in the House, and over 500 bills and resolutions in the Senate. KCC reviewed all of these bills and actively monitored over 100 pieces of legislation that either directly or indirectly addressed environmental concerns, with over 30 of those environmental bills and resolutions being adopted or becoming new law.
Veto Overrides: Of the fifteen bills that were vetoed by the Governor, all fifteen were overridden by the General Assembly. Of those bills, KCC weighed in on, or monitored, several of these including:
House Bill 4 (Modify) Regulating merchant generating facilities including large-scale solar.
House Joint Resolution 69 (Monitor) Radon safety
Senate Bill 7 (Oppose) Administration of payroll systems that will restrict payroll deductions for “political activity.'“
Senate Bill 150 (Strong Oppose) Parental notification (State overreach into the education system)
Senate Bill 226 (Strong Oppose) Environmental permitting, impacting the Clean Water Act
Senate Bill 241 (Support) Cumberland Forest Initiative and Fish & Wildlife Provisions
Became Law Without the Governor’s Signature: These two bills were opposed by KCC, however the Governor allowed them to become law without his signature:
Senate Bill 4: (Strong Oppose). Impedes the retirement of fossil fuel plants. The decision to retire the fossil fuel-fired electric generating unit cannot be the result of any financial incentives offered by a federal agency.
House Bill 264: (Strong Oppose) “Regulatory Sandbox” bill to create an office that identifies state laws and regulations that could be waived for certain "innovative" businesses for a one-year period, including environmental regulations.
Signed by the Governor: Here are just a few of the bills from our list now passed into law.
House Bill 236, addressing “ESG” or “Environmental/Social/Governance” investing was signed by the Governor, despite many calls and emails, as well as KCC’s strong opposition.
Senate Bill 277, a bill we supported, which updated floodplain statutes and construction permits.
For the full rundown of other bills signed, and the full status of bills that did not pass this session see KCC’s House and Senate bill list of the 2023 General Assembly.
Commissioners Appointed: Before the final night concluded, we saw the long-last confirmation of two Commissioners to the Public Service Commission’s three-member administrative body. The Kentucky Public Service Commission (PSC) regulates more than 1,100 utilities, and Commissioners are appointed by the Governor and confirmed by the Senate. A Commissioner may serve as soon as the Governor appoints them—however the Senate confirmation can only happen during the General Assembly. During the 2022 General Assembly, the Senate left two Commissioners unconfirmed…so during the past year, the Commission had been operating with gaps in the Commission prior to the Governor’s most recent appointments. But forging ahead, we were pleased that the Governor’s appointments of Mary Pat Regan and Angie Hatton, were confirmed in the Senate through SR 46 and SR 196 respectively on the session’s final day.
Government Overreach: Of all the bills finalized this week, none were more contentious than Senate Bill 150…which KCC initially weighed in on due to the intrusion into our education systems, which for us includes environmental education. However as the bill evolved through the legislative process, it continued to reach even further into parental rights and codify discrimination against transgender students in an ugly and hostile manner.
In conclusion: Most of these new laws will go into effect in July, however those with emergency clauses will go into effect immediately.
Unless a special session is called by the Governor to address a specific issue, lawmakers will not act on legislation until January 2024. We want to thank you for your efforts to engage with your lawmakers this session, and ask you to please thank the ones who voted in alignment with your values.
The Work Continues
KCC will be fully engaged on these continuing issues as the interim session begins later this year. Please follow us on Facebook and Twitter for updates.