KY GA 2024 Week 12: Only Six Session Days Left to Act
We have now completed day 54 of the 60-day legislative session. Lawmakers only have 2 more legislative days plus two days for “concurrence” before the Governor’s veto period begins on March 29th. And then after the veto period, lawmakers will come back for two more legislative days. You may call the Legislative Message Line at 1-800-372-7181 (Monday-Thurs. 7AM-9PM and Friday 7AM-6PM) to express your views on these bills below. You may also email your legislators.
Lawmakers in the House Tourism and Outdoor Recreation Committee Discuss House Bill 712 to form the Kentucky Ohio River Regional Recreation Authority to promote a recreational trail system.
Let’s start this week with some Good News:
We were excited to hear the news announced this week on the $81 million grant from the U.S. Department of Energy for the Lewis Ridge Pumped Storage Hydro project. The funding for this project came from the Bipartisan Infrastructure Law as part of the Department of Energy’s Demonstration Program on Current and Former Mine Land. The project will convert former mine land in Bell County, Kentucky into a 287mw facility that will have the capacity to store electricity for up to eight hours and generate electricity to power 67,000 homes. The project is expected to provide over $1 billion in investments in southeastern Kentucky. Governor Beshear detailed the project in his March 21st media update. More on the project here.
House Bill 712 – KCC Support (Fleming) “An Act Relating to Economic Development” For all of the bad bills we have been trying to stop this session, it was so great to see a unanimous passage in the House for this bill which forms the Kentucky Ohio River Regional Recreation Authority (KORRRA), which would be attached to the Kentucky Department for Local Government to establish, maintain, and promote a recreational trail system throughout the Recreational Authority to increase economic development, tourism, and outdoor recreation for residents and visitors.
If the bill passes, the trail system is to be located with significant portions of the system situated on private property made available for use through lease, license, easement. The board will become operational when eleven target counties pass ordinances approving their participation. The target counties are Ballard, Boone, Boyd, Bracken, Breckinridge, Campbell, Carroll, Crittenden, Daviess, Gallatin, Greenup, Hancock, Hardin, Henderson, Jefferson, Kenton, Lewis, Livingston, Mason, McCracken, Meade, Oldham, Pendleton, Trimble, or Union County.
The KORRRA would supervise the design and construction of trail systems, develop and manage recreational and trail-related activities, promote the growth and development of the trail system, tourism, and the hotel, restaurant, and entertainment industry within the recreational area, and work and form agreements with other organizations. The KORRRA can impose fees on trail and recreational uses.
ACT: The bill passed the House 97-0 but with just a few days left in the session, we need calls to get it through the Senate. Contact your Senator and ask their support for this bill.
More Bills on the move
House Bill 388 - ALERT: A Senate committee substitute to HB 388 would impose a year moratorium on Louisville metro council changing any rules regarding residential zones. The goal appears to be to stop all Land Development Code (LDC) reforms on affordable housing and residential zoning reform that could allow increased density of units or any other residential zoning reforms until April 2025, as reflected in a floor amendment to the bill. Louisville's Land Development Code Reform is an equity-focused approach that allows for increased housing choices and opportunities in new and existing neighborhoods. The bill has passed the House and is currently in the Senate Rules committee where it could post to final passage at any time. The Senate Committee Substitute will impact Louisville’s efforts to increase affordable housing.
Call the Legislative Message Line at 1-800-372-7181 first thing Monday starting at 7AM and then leave a message for "Representatives Jason Nemes, Ken Fleming, Jared Bauman, Kevin Bratcher, Emily Callaway, John Hogsdon, and Susan Witten to not interfere with Louisville’s efforts to increase affordable housing.
And then leave a message for the Senate to “oppose House Bill 388 as amended by Senate Committee Substitute (1) that adds a one-year moratorium on residential zoning reform”
Also contact Majority Caucus Chair Senator Julie Raque Adams and ask her not to support efforts to override Louisville Metro Council Zoning Reforms and “oppose House Bill 388 as amended by Senate Committee Substitute (1)”
Senate Bill 3 – (Oppose). This bill barely passed the Senate last week on a vote of 20-16 and was received in the House. Under Senate Bill 3, which moves the Department of Fish and Wildlife Resources from the Tourism, Arts and Heritage Cabinet to the Department of Agriculture. The Agriculture Commissioner can make any appointment to the Commission with no confirmation needed, rather than the Governor. This is the latest saga in the tug-of-war over Fish & Wildlife, which we mentioned in last week’s blog along with this excellent article from the Kentucky Lantern on the history of the controversy.
ACT: The bill has passed the Senate 20-16 and is now in the House Contact the House to Oppose.
Time is running out! Oppose Senate bill 16 (“Ag-Gag” bill) that impacts food transparency and also oppose Senate Bill 349 that will impact your energy bills
Senate Bill 16 – (Strong Oppose). This “ag-gag” measure seeks to silence those who might expose food safety, animal cruelty or other violations at an agricultural facility. We need more transparency in our food system, not less. This bill is part of a long line of so-called “ag-gag” laws enacted across the country to block whistleblowers and watchdogs from investigating the conduct and practices of industrial agriculture. The bill prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above a concentrated animal feeding operation or commercial food manufacturing or processing facility without written consent of the owner or authorized representative of the facility, and establishes a Class B misdemeanor for violations. We believe that SB 16 is unconstitutional, violates the First Amendment, is overly broad, does not protect worker safety, and has other unintended consequences. The bill is scheduled in the House Orders of the Day.
ACT: Call the "Full House" to "Oppose S.B. 16." Call the Legislative Message Line at 1-800-372-7181 as early as 7AM in the morning through 9PM.
Senate Bill 349 – (Strong Oppose) This bill, strongly opposed by both KCC and investor-owned utilities, has already passed the Senate and passed the House Natural Resources and Energy Committee on Thursday. However, it has not yet been posted to the Orders of the Day in the House. But could move to final passage time. We appreciate the hard work that KCC members and supporters have done with their calls and emails to slow down this bill that only seeks to benefit the coal industry at the expense of consumers. The bill would lead to unnecessary government overreach into energy policy through a new Energy Planning and Inventory Commission (EPIC) and require Kentuckians to bear the costs while the benefits are directed toward a small number of coal companies, several of which don’t even operate in Kentucky. The Energy and Environment Cabinet estimates that the cost of this new commission could cost $1.5 million annually. More commentary on the bill here and here.
ACT: Keep those calls coming and tell your friends! Call the Legislative Message Line at 1-800-372-7181 weekdays as late as early as 7AM or as late as 9PM and tell the House Rules Committee to “Recommit SB 349 to Rules” then tell the House to "Oppose SB 349".
Senate Bill 215 – (Oppose) This bill has passed the Senate and has had two readings in the House. It is now posted for final passage in the House. The bill would prohibit the Transportation Cabinet or any other state agency or political subdivision from adopting or enforcing emissions standards on new motor vehicles that are identical to the standards established by the State of California pursuant to the Clean Air Act.
ACT: Call the Legislative Message Line at 1-800-372-7181 and ask the House to “Oppose SB 215”
House Bill 8 – (Monitor) the House Revenue Bill was passed out of the House 73-11 and has been reported favorably in the Senate Appropriations & Revenue committee. While we are pleased to see that the House chose to delete the tax imposed during the previous budget session on hybrid cars, we have not seen any action yet on the provisions in House Bill 398 (Strong Support) which would exclude any electric vehicle power dealer with a charging station having a charging capacity of less than 50 kilowatts from the electric vehicle power tax. This exemption would make it easier for small businesses, local government facilities, parks, and churches to install simple, non-metered level 2 EV chargers, providing much needed economic development for Kentucky communities. The bill is now in the Senate.
ACT: Ask Senate Appropriations & Revenue to “Amend House Bill 8 to include House Bill 398”
Senate Bill 233 (Strong Oppose). Among other provisions, prohibits any merchant plant, IOU, co-op, or municipal utility from constructing a facility that generates electricity using solar energy if constructing the facility would result in more than 1% of the total land area of any county where the proposed construction is to be located being occupied by solar electric generating facilities.
ACT: The bill is now moving and has been assigned to the Senate Natural Resources & Energy Committee. Contact this committee and ask them to Oppose Senate Bill 233.”
Time to Veto:
Time is running out to act on HB581 (Oppose) which has passed the House 78-14 and now has passed the Senate 31-7. The bill will impact where fossil fuel stations are allowed, under the guise of ‘equal treatment’ with EV chargers. The bill prevents local governments from adopting zoning regulations that treat fossil fueling stations different from EV charging stations. This bill basically interferes with local planning and zoning and creates a safety hazard issue with these flammable fuels.
ACT: The bill is now on the Governor’s desk. Contact the Governor’s office and ask him to “Veto HB581”
Vote counts on Senate Bill 198 and Senate Joint Resolution 140
Nuclear Development Authority Advances
Senate Bill 198 (Monitor) Establishes the Kentucky Nuclear Energy Development Authority to serve as the non-regulatory state government agency on nuclear energy issues and to support and facilitate the development of nuclear energy in Kentucky. Establishes the membership and responsibilities of the advisory board to govern the authority. The bill has passed the Senate 34-0 and the House 92-0. The bill will soon be heading to the Governor’s desk.
Senate Joint Resolution 140 (KCC Support) Directs the Public Service Commission to make all staffing, organizational, and administrative preparations necessary to be ready to discharge its regulatory duties relating to applications for the siting and construction of nuclear energy facilities in the Commonwealth. The resolution was adopted unanimously in both the House and Senate.