Legislative Liaison

 HB192    EXECUTIVE BRANCH BUDGET  (PETRIE, JASON)

Free Conference Committee Report 1: The State/Executive Branch Budget: Detail Part I, Operating Budget; appropriate to General Government: 2019-2020: $21,535,000, 2020-2021: $2,233,082,500, 2021-2022: $1,722,270,500; appropriate to the Economic Development Cabinet: 2020-2021: $30,692,000, 2021-2022: $30,419,200; appropriate to the Department of Education: 2020-2021: $5,087,565,600, 2021-2022: $5,080,946,900; appropriate to the Education and Workforce Development Cabinet: 2020-2021: $224,230,300, 2021-2022: $224,015,100; appropriate to the Energy and Environment Cabinet: 2019-2020: $700,000, 2020-2021: $301,176,900, 2021-2022: $277,724,100; appropriate to the Finance and Administration Cabinet: 2019-2020: $2,800,000, 2020-2021: $992,780,800, 2021-2022: $1,012,246,500; appropriate to the Health and Family Services Cabinet: 2019-2020: $300,000, 2020-2021: $17,697,378,000, 2021-2022: $17,785,002,800; appropriate to the Justice and Public Safety Cabinet: 2019-2020: $17,216,900, 2020-2021: $1,269,870,200, 2021-2022: $1,283,034,800; appropriate to the Labor Cabinet: 2020-2021: $1,642,204,900, 2021-2022: $760,943,200; appropriate to the Personnel Cabinet: 2020-2021: $63,150,200, 2021-2022: $165,770,400; appropriate to Postsecondary Education: 2019-2020: $497,400, 2020-2021: $8,533,136,000, 2021-2022: $8,935,608,700; appropriate to the Public Protection Cabinet: 2020-2021: $167,314,500, 2021-2022: $125,951,800; appropriate to the Tourism, Arts and Heritage Cabinet: 2019-2020: $2,700,000, 2020-2021: $269,047,600, 2021-2022: $276,139,700; appropriate to the Budget Reserve Trust Fund: 2020-2021: $134,346,300, 2021-2022: $608,598,500; not included in the appropriation amounts are capital project amounts as follows: 2019-2020: $16,000,000, 2020-2021: $8,905,731,500, 2021-2022: $367,131,600; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, State Salary/Compensation, Benefit, and Employment Policy; detail Part V, Funds Transfer; detail Part VI, General Fund Budget Reduction Plan; detail Part VII, General Fund Surplus Expenditure Plan; detail Part VIII, Road Fund Budget Reduction Plan; detail Part IX, Road Fund Surplus Expenditure Plan; detail Part X, Phase I Tobacco Settlement; and detail Part XI, Executive Branch Budget Summary; APPROPRIATION.

CURRENT STATUS:  3/30/2021 - delivered to Secretary of State

  HB207    ENERGY SOURCE AVAILABILITY  (GOOCH JR., JIM)

Create a new section of KRS Chapter 65 to prohibit a local government entity from taking any legislative or executive action that has the purpose or effect of impairing a consumer's ability to use a utility service that is described in KRS 278.010(3)(a), (b), or (c) and that is provided by a utility regulated by the Public Service Commission under KRS Chapter 278 or is otherwise incorporated under KRS Chapter 279.
House Floor Amendment (1) Delete original provisions; prohibit any executive, administrative, or legislative action that has the purpose or effect of prohibiting or otherwise limiting in any way, based upon the energy source, a consumer's ability to use a utility service described in KRS 278.010(3)(a), (b), or (c) that is provided by a utility regulated by the Public Service Commission under KRS Chapter 278 or that is otherwise incorporated under KRS Chapter 279; provide that nothing in the section shall prohibit or alter the powers of the Public Service Commission or the ability of a local government to act in any other lawful way; define "local government."
Senate Committee Substitute (1) Retain original provisions; prohibit any executive, administrative, or legislative action that has the purpose or effect of prohibiting or otherwise limiting in any way a consumer's ability to use liquefied petroleum gas.

CURRENT STATUS:  3/25/2021 - SIGNED BY GOVERNOR

  HB238    CITY UTILITY COMMISSION MEMBERSHIP  (JOHNSON, DJ)

Amend KRS 96.530 allow city utilities boards to consist of either 3 or 5 members, and to specify the appointment of nonresident utility commission members for utility commissions consisting of three members and five members.
House Committee Substitute (1) Retain original provisions except require that in order for an individual to be appointed who does not live within the city, that individual must be a resident of a county served by the utility, possess qualifications and expertise to the benefit of the utility and city, and not be employed by, serve in a fiduciary or agency capacity with, or does not possess an ownership interest in, a direct supplier or competitor of the city utility.

CURRENT STATUS:  3/19/2021 - SIGNED BY GOVERNOR; (Acts Ch. 54)

  HB272    UTILITY SERVICES  (BRAY, JOSH)

Create a new section of KRS Chapter 278 to allow a water district formed pursuant to KRS Chapter 74 or a water association formed pursuant to KRS Chapter 273 to charge a late payment charge of 10% of the amount billed; specify that the late payment charge meet certain requirements; prohibit the Public Service Commission from modifying, rejecting, or suspending late payment charges established by tariff.
House Committee Substitute (1) Create a new section of KRS Chapter 278 to allow a water district formed pursuant to KRS Chapter 74 or a water association formed pursuant to KRS Chapter 273 to charge a late payment charge of 10% of the amount billed; specify that the late payment charge meet certain requirements; prohibit the Public Service Commission from modifying, rejecting, discontinuing, abolishing, or suspending late payment charges; Create a new section of KRS Chapter 39A to prohibit departments or officers of state government during a declared emergency from issuing any order that conflicts with the classification by the United States Department of Homeland Security of employees of utilities and other entities subject to KRS Chapters 65, 76, 96, 220, 278, or 279 as essential or critical infrastructure workers; prohibit any current or future order issued by any department or officer of state government during a declared emergency from remaining in or taking effect that would prohibit or impair a utility subject to or created under KRS Chapter 96 from terminating service for a customer's non-payment of a utility bill or assessing or collecting penalties for non-payment.
Senate Committee Substitute (1) Retain provisions of HB 272/GA; provide that any late payment charge imposed by a water district or water association shall be waived for any bill or portion of a bill for which a customer has received third-party billing assistance through the Low-Income Household Drinking Water and Wastewater Emergency Assistance Program or other public or charitable source.

CURRENT STATUS:  3/29/2021 - delivered to Secretary of State (Acts Ch. 158)

  HB303    UNDERGROUND FACILITY PROTECTION  (SANTORO, SAL)

Amend KRS 367.4903 to redefine "operator," "Kentucky Contact Center," "approximate location," and "working day"; define "person," "positive response," "unique identification number" or "locate request number," "locator," "second notice," "tolerance zone," "untonable facility," and "work site contact"; amend KRS 367.4909 to require a positive response from operators of underground facilities; establish the timing of operator responses; amend KRS 367.4911 to provide excavator start dates, to include entities engaged in exempt activities to notify operators immediately upon discovery of damage to an underground facility, and to provide when mechanized equipment can be used in the tolerance zone; amend KRS 367.4913 to require contact centers to maintain certain locate request information for five years and to change the composition of the Kentucky Contact Center board of directors; amend KRS 369.4915 to require entities engaging in exempt activities to cease activity and notify an operator when an underground facility is damaged and to exempt certain noninvasive inspection and maintenance excavating for an existing utility pole; amend KRS 367.4917 to impose penalties on the employer if the violation is committed in the scope of employment and to provide that the Public Service Commission shall establish a written agreement form to deviate from the locate request dates provided for in the Underground Facility Damage Prevention Act of 1994; EFFECTIVE January 1, 2022.
House Floor Amendment (2) Add a definition for "fiber-to-the-premises"; add a fiber-to-the-premises broadband deployment excavation locate request that requires underground facility operators to respond to within four working days.
House Floor Amendment (5) Amend to provide that an entity or individual otherwise exempt from the requirements of KRS 367.4901 to 367.4917 under Section 5 of this Act, who conducts an excavation that results in the escape or suspected escape of any flammable, toxic, or corrosive gas or liquid shall cease excavation and notify affected operators.
Senate Floor Amendment (2) Delete new language requiring an excavator responsible for damage to an underground facility to notify all affected operators immediately upon discovery of the damage; delete new language requiring otherwise exempt entities under KRS 367.4915 to cease excavation and notify operators of damage to underground facilities that results in the escape of any flammable, toxic, or corrosive gas or liquid; delete new language referencing the reporting of a suspected escape of any flammable, toxic, or corrosive gas or liquid caused by damage to an underground facility; delete Section 5 in its entirety, which would remove the exemption for nonintrusive excavating to inspect or perform maintenance for an existing utility pole; renumber subsequent sections accordingly; make conforming changes.

CURRENT STATUS:  3/23/2021 - SIGNED BY GOVERNOR

  HB386    WATER POLLUTION CONTROL  (FREELAND, CHRIS)

Create new sections of Subchapter 16 of KRS Chapter 224 to require that mixing zones for bio-accumulative chemicals of concern established on or before September 8, 2004, remain in effect until explicitly extinguished by the Energy and Environment Cabinet; require that any change or extinguishment of mixing zone assignments for bio-accumulative chemicals of concern only be accomplished through the promulgation of administrative regulations; define "rapid and complete mixing"; require the Energy and Environment Cabinet to apply rapid and complete mixing when establishing certain permit limitations and conditions for discharges that occur through a submerged high-rate multi-port diffuser or outfall structure; EMERGENCY.

CURRENT STATUS:  3/24/2021 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE; (Acts Ch. 103)

  HB393    WATER DISTRICT COMMISSIONERS  (GOOCH JR., JIM)

Amend KRS 74.020 to allow the Public Service Commission to grant reasonable extensions of time not to exceed six months for water district commissioners to complete their training requirements; amend KRS 74.363 to conform; EMERGENCY.

CURRENT STATUS:  3/18/2021 - SIGNED BY GOVERNOR

  HB465    ACQUISITION OF ASSETS BY UTILITIES  (KOENIG, ADAM)

Create a new section of KRS Chapter 278 to define "asset acquisition price," "accumulated depreciation," "net original cost," and "water or sewer system"; establish the criteria by which the Public Service Commission determines for ratemaking purposes the value of an asset acquired by a utility that is used to provide water or sewer service; allow a utility that has entered into an agreement to acquire water or sewer utility assets to apply to the Public Service Commission for an order declaring the value of the acquired assets for ratemaking purposes; allow the acquiring utility to seek an order declaring the value of the acquired water or sewer utility assets as part of its first application for a change in base rates following the acquisition of the assets; require the acquiring utility to provide notice of its application for a declaratory order to the local governing bodies where the water or sewer system to be acquired is located or where it provides service and to the customers of the acquired systems if required by the governing documents of the acquired systems; require the acquiring utility to post on its Web site additional information to educate and inform the public and all affected customers of the acquisition; provide that the Public Service Commission consider intervention requests made under the section in accordance with the commission's administrative regulations addressing intervention generally; allow the acquiring utility as part of any application for a change in base rates following the acquisition of water or sewer utility assets to propose to unify the rate structure of the acquired system with its remaining customer base.
House Committee Substitute (1) Retain original provisions; change the reference to the findings and goals of the General Assembly in KRS 224A.300(1); require the Public Service Commission to fix the value for ratemaking purposes of an asset acquired by a utility that is used to provide water or sewer service at an amount between its net original cost and its asset acquisition price if certain criteria are met; require as part of the criteria to fix the value of the acquired asset that the acquisition will result in operational economies; establish as part of the criteria that the purchase price of the utility and non-utility assets be separated if practical; establish the means of notification of the acquiring utility's application for a declaratory order to affected parties; require the acquiring utility to provide notice of its application for a declaratory order to wholesale customers or suppliers of the acquired water or sewer system by priority mail; require the acquiring utility, and the water or sewer system to be acquired to post on its Web sites or social media additional information to educate and inform the public and all affected customers of the acquisition, if such Web sites or social media exist; require the Public Service Commission when reviewing an acquiring utility's proposed change in base rates to consider whether it is reasonable to require the acquiring utility to maintain separate rate schedules for the customers of the acquired system and for the other customers.

CURRENT STATUS:  3/29/2021 - delivered to Governor

  SB36    FINANCING AND CONDITIONS FOR OPERATIONS, MAINTENANCE, SUPPORT, AND FUNCTIONING OF THE GOVERNMENT OF KENTUCKY  (WESTERFIELD, WHITNEY)

Amend KRS 635.020 to remove automatic transfer of a child from District Court to Circuit Court in certain cases; amend KRS 640.010 to specify additional factors to be considered in determining whether a child's case should be transferred from District Court to Circuit Court.
House Committee Substitute (1):

Note: This bill contains water and wastewater funding from the American Recovery Act to be administered by the Kentucky Infrastructure Authority.

CURRENT STATUS:  3/30/2021 - delivered to Governor

  SB172    UNDERGROUND FACILITY PROTECTION  (HOWELL, JASON)

Amend KRS 367.4911 to include exempted activities in the process of ceasing operations when damage occurs to an underground facility and notification of appropriate authorities; amend KRS 367.4915 to make conforming changes.
House Committee Substitute (1) Amend KRS 367.4911 to require excavators to cease excavation or demolition activities immediately upon discovery of damage to an underground facility; require exempted excavation activities under KRS 367.4915 to cease operations when damage occurs to an underground facility or system used for producing, storing, conveying, transmitting, or distributing gas, petroleum, petroleum products, or hazardous liquids and notify all affected operators; require excavators, or individuals or entities exempted under KRS 367.4915, to notify appropriate authorities if the damage causes concern for public or workplace safety or results in the escape or suspected escape of flammable, toxic, or corrosive gas or liquid; amend KRS 367.4915 to exempt nonintrusive excavating for inspecting or performing maintenance for an existing utility pole from the Underground Facility Damage Prevention Act.

CURRENT STATUS:  3/24/2021 - SIGNED BY GOVERNOR

  SR85    CONFIRMING THE APPOINTMENT OF KENT ALAN CHANDLER  (THAYER, DAMON)

Confirm the appointment of Kent Alan Chandler to the Public Service Commission for a term expiring July 1, 2024.

CURRENT STATUS:  3/30/2021 - adopted 38-0