House Bill 474 (KY 811) Not Yet Heard

Friday, March 19, 2010 marks the end of the 51^st day of the 60-day 2010 Session of the Kentucky General Assembly. The Senate is working feverishly on their version of the budget, which will be debated sometime next week. The jury is still out with regards to whether or not projects, (water, sewer and schools) will be included in Senate version of HB 290. We continue to encourage all KRWA members to stay in contact with their representatives and senators during this critical time.

HB 504, AN ACT relating to wet weather discharges from sanitary sewers, supported by KRWA, passed the Senate Natural Resources and Energy committee this week and was placed on the Consent Calendar for final passage next week. HB 504 creates a new section of subchapter 16 of KRS Chapter 224 to require, to the extent allowable, the Environmental and Public Protection Cabinet to consider affordability, flexibility in implementation schedules, and other factors when issuing wet weather discharge permits under KRS 224.16-050. It also provides for the Cabinet to give preference to permitee-proposed control options that meet presumption approach performance criteria. A related House Joint Resolution, HJR 187, which expresses support for federal legislation requiring the United States Environmental Protection Agency to consider affordability when implementing its Combined Sewer Overflow control measures is posted in the House Orders of the Day.  Obviously, these two bills are of particular importance to KRWA members that are dealing with combined sewer overflow and storm water related issues.

In other news, House Bill 474 commonly referred to as the “KY 811” bill and sponsored by Alecia Webb-Edgington, (R) Ft. Wright, was not heard on Wednesday March 17, 2010 before the House Military Affairs and Public Safety Committee as was expected.  KRWA continues discussions with the sponsor and others on a committee substitute. Because time is quickly slipping away for bills to be passed in the ordinary legislative process, KRWA expects some form of HB 474 to appear as an amendment to another moving bill. This is a common occurrence during the waning days of a legislative session. However, please be prepared to contact your legislators quickly if KRWA finds the need to send out a Legislative Alert calling for immediate membership action.

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The Kentucky legislature convenes in regular session on the first Tuesday after the first Monday in January for 60 days in even-numbered years and for 30 days in odd-numbered years. It convenes in special sessions at the call of the governor.

The Kentucky Constitution mandates that a regular session be completed no later than April 15 in even-numbered years and March 30 in odd-numbered years.

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