KRC Legislative Updates 2-24-03

KRC is the premier lobbying and litigation organization in Kentucky concerned with environment, land use, sustainable development, planning and democratic governance issues. Their analyses and alerts are used by organizations concerned with these issues in KY and often nationwide. KRC also serves as an ally with several of the organizations participating in these lists. Neighborhoods, local governments, multi-issue coalitions and others concerned with these issues should find them of interest.

This information is being forwarded to this list by request of several participants. The full text of these alerts and additional; information can be found on the KRC website, http://www.kyrc.org.

By special arrangement, we will be cross-posting the contents to Louisville Neighborhoods, http://louisvilleneighborhoods.org and to Louisville open network at http://louky.com. The attachment is in MS Word (.doc) format.

It has been a bleak session thus far for the environment, in which budgetary damage done during the past year to the Natural Resources Cabinet by the Patton Administration was compounded by further cuts, and where "success" has been measured not by gains in protection of the public and environment but instead only in irresponsible bills defeated or softened.

As I head off this morning for the last legislative day before the two "veto days" set for March 24-5, with the fate of HB 458 unclear, I wanted to share two reflections from Marian Wright Edelman's "Guide My Feet" that might help get us all through these troubling days. The first, penned before 1995, might have been written today.

God, we confess that ours is still a world in which Herod seems to rule.
The powerful are revered, the visions of the wise are ignored,
The poor are afflicted and the innocent are killed.
You show us that salvation comes in the vulnerability of a child,
yet we hunger for the "security" of weapons and walls.
You teach us that freedom comes in loving service
yet we trample on others in our efforts to be "free."
Forgive us when we look to the palace instead of the stable
when we heed politicians more than prophets.

The second, coming from Ms. Edelman, a woman who dedicated her life to advocacy for children as president of the Children's Defense Fund, is a reflection on commitment.

God, please give me the courage of my conviction this day.
Help me not to waver.
Help me not to procrastinate.
Help me not to rationalize.
Help me not to play games with myself.
Help me to stand strong with Thee.

May we all find the courage of our convictions and act on them today and always. Thank you each for your efforts this session.

The fate of HB 458, the oil and gas industry's effort to preempt local control over industry abuse, is in the hands of House Floor Leader Greg Stumbo and the other Democratic House Leaders: Richards, Barrows, Larry Clark and Jim Callahan.

On Monday, industry offered an amendment that would immediately preempt all local ordinances on any aspect of the industry, from exploration to transmission, and would require that the Department for Mines and Minerals adopt regulations on gathering lines within 6 months of the effective date of the Act (nine months from enactment). There would be no deadline for adoption of state regulations on any other aspect of the oil and gas industry.

KRC rejected the proposal, on behalf of the organizations and Fiscal Courts opposing the bill, because it would leave Letcher County and all other counties vulnerable to abusive industry practices for up to 9 months in the case of gathering lines, and indefinitely in all other cases.

KRC offered a proposal to amend existing law to extend the current reclamation plan requirement for wells to include gathering lines, but industry rejected that proposal, as they had previously before the initial House vote on HB 458.

HB 458 continues to pick up opposition in the House. The Senate is carrying water for the industry on this bill, and if there is to be an amendment to clean up the language of the bill and to require that before preemption occurs an effective state program is in place, it will come only because of the refusal by Rep. Stumbo and other House leaders to pass a bill as lopsided and unfair to the public as HB 458 remains.

Please send a fax to Rep. Stumbo at 502-564-0588, thank him for holding the bill and ask him to kill HB 458 unless industry agrees to incorporate the Leeper Amendment (six months deadline, and no preemption until the state program is adopted) or the amendment proposed by KRC to immediately begin regulating gathering lines under KRS 353.5901 and limiting local preemption to gathering lines regulation only.

Thanks!!

March 7, 2003 Few profiles in courage

The decision yesterday by Senator Dan Kelly and Senate Leadership to bend to the oil and gas industry lobby and to push HB 458 from Committee through Rules and to the Senate Floor for a vote in one day in order to avoid any floor amendments, marks a low point in the session. Despite bipartisan concerns raised in the committee over the lack of any deadline by which the state would have to adopt standards and the lack of linkage between the preemption of local government authority (immediate) and the adoption of state standards (no mandated date), leadership avoided the attempted filing of a floor amendment by Senator Leeper to put in place a 6-month deadline and to preserve local government authority until then, by rushing the bill through the same day that it was approved in committee, and sent it back to the House for concurrence. House leadership must now decide where it stands -- on the side of protecting the public or enabling those who abuse landowners rights.

One recalls the story told about FDR during his first term. One restless night, Eleanor asked Franklin why he couldn't sleep. "I authorized the plowing under of grain crops in order to stabilize the market prices, and I can't sleep for hearing the cries of hungry children." "Well," she said, ever practical, "put some cotton in your ears." "I can't," responded her husband, "I had that plowed under too!"

Sen. Kelly and the 25 other Senators who voted for HB 458 turned a deaf ear to the concerns of those whose rights have been abused by the oil and gas industry, as the Senators plowed under the authority of local governments to protect their citizens and left the public without any protection for an indefinite period of time, until an agency never known for a tough regulatory stance, determines to adopt regulations. In a session where there is little of which to be proud, the "no" votes of the House Committee members and other Representatives on the floor, and the efforts of Senator Leeper, the floor statement of Senator Shaughnessy, and the votes of the other few Senators who opposed this bill, and the floor opposition to the bill in the House by Representative Jim Wayne, showed a real courage so lacking in a session long on politics and short on compassion.

The bill returns now to the House, where House leaders Greg Stumbo, Jody Richards, Joe Barrows, Jim Callahan and Larry Clark can put this irresponsible bill to rest and demand that, if the oil and gas industry wants to be free of local regulation, they come with a bill that first establishes a comprehensive, effective state program to protect against their abusive members.

Voting "no" on HB 458 in the Senate: Blevins, Karem, Leeper, Mongiardo, Neal, Palmer, Saunders, Scorsone, Shaugnessy, Turner. Those who did not vote on HB 458 were: Casebier and Jones.

Voting "no" on HB 458 in the House: Bather, Belcher, Bratcher, Cornett, Embry, Feeley, Graham, Hall, Higdon, Jenkins, Kerr, Marzian, Meeks, Moberly, Nelson, Palumbo, Pasley, Reinhardt, Richards, Riggs, Riner, Simpson, A. Smith, B. Smith, Walton, Wayne

Not voting on HB 458: Ballard, D.D. Butler, Crenshaw, Draud, Farmer, Lindsay, Miller, Napier, Nunn, Stein

In response to abusive practices by oil and gas companies, Letcher County proposed an ordinance to require protection of landowners when laying gas "gathering" pipelines. In response, the oil and gas industry drafted HB 458, which seeks to preempt all local government ordinances affecting the oil and gas industry.

The bill, despite heavy lobbying pressure by over a dozen industry and contract lobbyists, encountered significant legislative opposition. Industry was forced to accept an amendment to the bill that vaguely calls for a state regulatory program, but is inadequate both in scope and timing.

First, local government power is immediately overridden, yet there is no timeframe for the adoption of state standards. The agency and the industry have no incentive to move fast to fill the gap left in public protection.

Second, the amendment is not clear enough in demanding that regulations be adopted to protect landowners from oil and gas industry abuse. The language could be read not to require adoption of regulations to protect property and health/safety.

Third, the scope is too narrow, since local governments would lose their power to control impacts on the environment yet the state is mandated only to protect property and health/safety and not the environment.

HB 458 is a power grab by an industry that does not want to be accountable for the damage they cause. Ironically, while claiming that they do not support those that cause abuse, the oil and gas association and other industry lobbyists are paving the way for the worst in their industry to inflict harm without accountability.

Representatives Greg Stumbo, Jim Callahan, Jody Richards, Larry Clark and Joe Barrows can bury this atrocious bill. Please call them at 1-502-564-8100 or fax them at 1-502-564-6543 and ask that they NOT call HB 458 up for concurrence.

3-5-03 From the Lexington Herald-Leader Editorial Page today:

Unfinished business
Legislators should protect landowners, not drillers

The Senate should undo a House wrong, while protecting both the public and the oil and gas industry. This can be done by amending House Bill 458, now a sellout to the drillers, to require statewide safeguards for property owners.

Nothing in state law protects landowners from damage when the industry builds "gathering" lines, which move gas from wellheads to pipelines. Spurred by rising prices, gas companies have drilled into water mains, violated weight limits, cut new roads through private property without permission and filled streams with boulders, according to complaints from Pike and Letcher counties.But when Letcher County began considering its own ordinance to curb abuses, the industry swooped down with a bill that would block local governments from enacting any such regulations.The industry says it can't play by a different set of rules in every county. But only one of 120 counties is even talking about a local ordinance, and that's because state law offers no protection.The House approved this industry-authored measure 64-26 after hearing an oration praising it from Majority Leader Greg Stumbo, whose campaign for attorney general already has received at least $3,500 from owners of Eastern Kentucky's largest drilling company.County governments have more than enough demands without having to fill gaps left by the state. Letcher County wouldn't be talking about regulating the oil and gas industry if there were adequate state protections.If the Senate can't fix this attack on local control, it should kill it.

Below and attached is KRC's fourth legislative update, identifying all of the bills being tracked by KRC during the 2003 session. It will be supplemented with action alerts over the next 13 legislative days as the 2003 session winds up.

The update will be posted on KRC's website by tomorrow at www.kyrc.org

2003 REGULAR SESSION:

13 LEGISLATIVE DAYS UNTIL ADJOURNMENT: COUNTING THE HOURS!

781 BILLS, AND 254 RESOLUTIONS WITH MORE TO COME

On February 4, the General Assembly began the second part of the 2003 Session, which will adjourn on March 25. With thirteen legislative days remaining, there are many of interest and concern to the conservation and environmental community whose fate will be decided in the upcoming weeks.

Please note that the Council does not have a position on each bill. Some bills are tracked for general interest; others simply to assure that they do not become vehicles for industry-sponsored amendments. KRC's position concerning bills is indicated with a plus (+) or minus (-). The sponsor and current status of the bill are also noted by Committee or chamber. Where committee substitutes and floor amendments have occurred, his will be noted as well. Where the bill is noted as being in "Rules" the reference is to the Rules Committee, which can refer a bill back to another committee or to the chamber floor for a vote.

This list profiles the significant environmental, conservation, consumer and general government bills that are being tracked by the Council during the 2003 session. It will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.

If you do not wish to receive this list, please send an e-mail message to fitzKRC@aol.com and you will be removed immediately from the distribution list. Feel free to forward this to anyone you feel might be interested, and to utilize, reprint or quote from the bill analyses. We ask only that you attribute KRC as the source when you use our analytical material.

Send this to a friend, and tell them to write us at fitzKRC@aol.com if they want to receive these e-alerts.

For a copy of any bill, or to check the status of the bill, to track which committee it has been assigned to for hearing, and other legislative information, visit the Legislature's Homepage at http://www.lrc.state.ky.us

The toll phone number to reach a legislator in person is 502-564-8100. The toll-free bill status line is 1-877-215-0023. The toll-free meeting information line is 1-800-633-9650. The toll-free message line is 1-800-372-7181, to leave a message for a legislator or a committee. The TTY message line is 1-800-896-0305.

Did you know that for a single fax to 502-564-6543, you can reach any legislators that you want to contact? You can send a letter, for example, to all Senators and Representatives by listing their individual names on a cover sheet and asking that each get a copy of your letter. The good folks at the LRC fax room will copy your fax and distribute it to all that you list (the recipients must be listed by name.) The LRC webpage has a list of all legislators and all committee members.

KET's website, http://www.ket.org/legislature/2003_regular_session.htm, provides real-time coverage of certain committee meetings and the House and Senate sessions. Additionally, those committee meetings that are taped on a daily basis can be viewed in the KET archives.

SB1, which would have amended the Kentucky Constitution to allow the General Assembly to impose limits on the amount of punitive and noneconomic damages that a jury could award a person injured through medical malpractice, and would have empowered the General Assembly to mandate alternative dispute resolution for claims of medical malpractice, was defeated on the Senate Floor.

KRC opposed this amendment and opposes on principle any measure that would limit or eliminate, for any class of injuries and for the benefit of one class of persons, the right of any person to bring a civil action and to seek a jury trial for compensatory or punitive damages for injuries sustained.

Amends processes for submittal to and review by legislative of expenditure reduction plans where revenue estimates are reduced, and imposes conditions on use of budget reserve fund.

Conforms frequency of vehicle emissions testing for state or official registration vehicles from yearly to the same frequency as privately-owned vehicles (on a 2-year cycle currently in northern Kentucky).

As originally drafted, KRC opposed SB 11 because it mandated that Jefferson County Air Pollution Control District Board terminate all proceedings commenced, and not commence new proceedings to enforce the provisions of the VET program or to seek sanctions, and that it dismiss with prejudice all unresolved court cases.

As modified by committee substitute, the bill simply provides for reinstatement of registrations that have been revoked for non-testing of vehicles, after October 2003 when the Jefferson County VET program is required by statute to end. Senator Seum agreed to place a floor amendment on the bill to require payment of a $22 reinstatement fee, to discourage violations of the vehicle testing requirement before October 2003. With those changes KRC has withdrawn objections to the bill.

Creates a new category of "theme restaurant destination attraction" as a type of facility potentially eligible for tourism attraction project credits against state sales tax.

Would direct appropriation of $10 million dollars during FY 03-04 off the top of the tobacco settlement agreement monies to the Purchase Area Regional Park Authority.

Modifies legislative procedures to eliminate the requirement that an actuarial analysis accompany any bill changing the liability of any public retirement system or containing a mandated health benefit. This requirement is included instead in the Senate Rule 52. Also eliminates mandatory requirement for preparation of a fiscal note for all bills or resolutions relating to local government or local services, and for executive branch regulations and instead gives the LRC Director discretion to determine whether a bill or Executive Order is a state mandate to local government needing a fiscal note (New Senate Rule 52 requires one if the fiscal effect on local government is "significant[.]"

Creates new Motorcycle Advisory Commission for Highway Safety to advise state Transportation Cabinet regarding "the specific needs of motorcyclists."

Requires communities with zoning and planning to include within their comprehensive plan provisions to "accommodate" military installations of over 300 acres that are within, abut or are within 50 miles of that installation.

The bill does not define what constitutes a "provision for the accommodation" of those installations, but indicates that the goal is to "minimize conflicts between the installations and the planning unit's residential population" by engaging in consultation with the installation concerning expansion, air space usage, and environmental impact.

Federal military installations such as Fort Knox are on lands ceded by Kentucky to the United States and are not subject to local zoning and planning constraints. While consultation with military facilities in the revision of comprehensive land use plans is always appropriate, as it is for all governmental agencies and infrastructure providers, a bill requiring that the comprehensive plan be written to include a plan element to "accommodate" private land development based on installation potential expansion plans, or environmental impacts, appears to impose development constraints on private lands outside of the facility, rather than requiring that the military installation plan its development to protect the rights of those surrounding landowners. The bill is directed at the Fort Knox installation, which has planned the development of a tank training facility that has caused concern among nearby residential property owners.

Provides for two specialized 5-year license plates – one for "Ducks Unlimited," and another for spay-neuter advocates. The bill repeals the existing law providing for a special Ducks Unlimited license plate, and outlines the process by which the Transportation Cabinet will issue the specialized plates. Additional contributions to Kentucky Department of Fish and Wildlife or to support spay and neuter education programs may be made when the specialized plates are purchased.

Amend existing law to exclude county-run sewer systems from Public Service Commission control.

Expands legislative oversight of university and college memoranda of agreement, and over personal service contracts of executive branch.

Amends existing law regarding administrative regulations. Eliminates "notice of intent" process for promulgating regulations.

KRC originally opposed because it prevented emergency regulations from being adopted where needed to protect human health and the environment unless there is an imminent danger. Sen. Blevins filed floor amendment to restore ability of Governor to adopt e-regs to protect human health and the environment, and the Senate approved the amendment. KRC has withdrawn opposition to the bill, and appreciates Sen. Blevins, Sen. Karem's and Sen. Worley's assistance in restoring the language.

Creates new crime of abuse of public trust, allows for forfeiture of assets and disqualification from public office.

Creates a local road repaving fund funded by a gasoline fee and offset by a reduction in the petroleum environmental assurance fee that is used to remediated underground storage tanks. Given the substantial loss of funding from the assurance fund due to diversion by the legislature and executive branch of the amounts collected to fund remediation of underground storage tank releases in order to address general budget shortfalls, the impact that lowering the amount of the environmental assurance fee may have on reimbursement for petroleum contamination remediation must be studied before any diversion of future income streams to that fund is approved.

Amends existing law to allow electric cooperatives to furnish electric energy and services to nonmembers including governmental units.

Provides for alternative project delivery method for procuring services for capital projects.

Bill proposes comprehensive statutory language addressing disposal of sewage. Due to inability to obtain consensus among state agencies regarding the bill, it will not be voted on this session.

This bill revises the existing law concerning challenges to county proposals to become obligated for bonds or notes. The bill is substantially the same as HB 48 from the 2002 session, and is in response to the most recent use of this statute by Warren County, whose request to become obligated to pay debt service on bonds and notes for the controversial "Transpark" was challenged by a Warren County taxpayer. The bill would eliminate the "County Debt Commission," and would subject all requests for approval of a county's proposed bond or note debt to a formal evidentiary hearing before a hearing officer and then to State Local Debt Officer. The bill clarifies that the hearing proceedings will be in accordance with Kentucky's administrative hearings law, KRS Chapter 13B.

Given the superficial manner in which the County Debt Commission reviewed the appeal of the Transpark bond issue, KRC sees no loss in eliminating that level of review and proceeding directly to Circuit Court from the State Local Debt Officer's decision.

This is a counterpart to a House bill seeking to allow the Public Service Commission to use other formats to record proceedings rather than stenographic transcripts, and allowing a party to request stenographic transcripts prior to the hearing.

This bill would allow federal agencies to participate in water commissions and to jointly operate water systems with cities, water districts and water associations.

Establishes standards for engineering practices for construction and maintenance of electric utility plants and facilities.

Revisions to electric power plant siting bill that would clarify board authority to hire consultants, to give the Board explicit authority to enforce its orders and to suspend or revoke authorizations for material noncompliance, to codify the Board regulation creating a requirement of filing a "Notice of Intent" before filing an actual application for siting approval, and clarifying Board power to consider petitions for rehearing of their orders and decisions.

One aspect of the law that this bill does not address, and which needs legislative attention, is the failure of the Board to require that transmission lines constructed to support merchant plants be included in siting applications. The intent of the siting bill was to require inclusion of those lines in any siting application, yet the Board failed to require that such lines be included in the Kentucky Mountain Power case, resulting in no advance review or approval of the siting impacts those lines by either the PSC or the Board. Sen. Harris did not agree to make this needed amendment, even though the Public Service Commission / Board agreed with the need to clarify the law, because industry did not like the change.

Requires power produced by electric facility generator to be first dedicated to retail sale customers within that suppliers' territory.

Extends Kentucky River Authority power to control the water supply future of the communities in the Kentucky River basin including requiring KWA approval of any certificates of convenience or other PSC approvals over water facility ownership, service and supply for any water utility providing service within the Kentucky River Basin, and requiring that water planning within the basin by local governments be consistent with KWA plans and regulations.

This bill is the latest in a long line of so-called "takings" bills that require government to engage in takings implication assessments before it adopts any regulation that in any way "impedes the use of property" or which proposes conditions or requirements on the use of property.

The instances in which government regulatory action results in a "taking" of property are extremely rare, and a bill which would require takings assessments for a broad range of rules and regulations and permitting actions intended to protect public health and the environment, regardless of how trivially they affect the use of property, would have the effect, intended by some groups advocating these "takings assessment" laws, of slowing government's ability to effectively regulate in the public interest.

Similar bills have been rejected during previous sessions, and KRC will vigorously oppose this bill.

Companion bill to HB 474, this bill addresses chemical agent disposal at Bluegrass Army Depot, making several positive changes in existing law, including: creation of an Office of Liaison within the host community funded by the permit applicant to coordinate community oversight of the destruction of chemical weapons; provision assuring that no chemical agent destruction will occur under a "research, development and demonstration" permit except for pilot scale operations to prove-out the technology; and assuring that the local community emergency response plans including necessary infrastructure improvements are in place prior to operation of the chemical agent destruction facility.

Bill seeks to clarify that utility plants using municipal waste as a fuel, whether processed or not, must demonstrate compatibility with local solid waste plan concerning importation of waste into a county for disposal as a fuel. Identical to House Bill 473.

Exempts controlled prescribed burns by state agencies on lands owned or managed by state agency from seasonal limits imposed on controlled burns.

Important bill for landowners in coal field regions, this bill will make public the mine maps on mined-out areas that are in the possession of the Revenue Cabinet and the final or abandoned mine maps submitted to the Department of Mines and Minerals. There is no logical basis for preventing public access to maps depicting mined-out areas. Access to these maps will assist communities in scrutinizing new mining and waste impoundment proposals, and assist landowners whose property has suffered damage to determine whether damage to land and water resources is related to past underground mining.

Bill to name the Pine Mountain Trail Park, which was authorized by the 2002 session, the "Harold E. Rogers Pine Mountain Trail State Park.".

2003 Senate Rules of Procedure. Modifies when fiscal statements must be prepared by LRC staff.

This Joint Resolution directs the Jefferson County Attorney to dismiss outstanding warrants against individuals who failed to test vehicles under the VET program. The enforcement mechanism has changed by linking continued vehicle registration to testing, and while dismissal of stale warrants may be appropriate, that is a matter for the discretion of the Jefferson County Attorney and the Jefferson County Air Pollution District, and it is inappropriate for the state legislature to direct the management of prosecutorial actions where they were properly brought under the then-existing law.

KRC has suggested to Senator Seum that, rather than creating a precedent of the General Assembly directing how criminal cases are managed or dismissed, the resolution "encourage" rather than direct dismissal.

Directs a study of areas of growth to identify factors contributing to economic growth, impacts on and needs in the area of public infrastructure to support growth, and the relationship of growth to economic development projects.

Authorizes state to act as insurer of last resort for medical malpractice insurance as it does not for workers compensation insurance; creates "medical review panel" that may be invoked by either party up to 20 days after the filing of a complaint, for rendering an "expert opinion" on the merits of malpractice civil complaints filed against physicians.

Statute doesn't clarify the relationship of this process to the court case, nor the effect if any given the expert opinion. The statutes does not indicate whether participation is mandatory but it appears to be since the court appears authorized to sanction or mandate non-participation. Statute doesn't indicate whether invocation of the medical review panel stays the court proceedings, not whether the decision of the review panel is independently subject to judicial review.

Amends state civil rights laws to prohibiting discrimination based on sexual orientation and gender identity in housing and employment.

House counterpart of SB 6, conforms frequency of vehicle emissions testing for state or official registration vehicles from yearly to the same frequency as privately-owned vehicles (on a 2-year cycle currently in northern Kentucky).

Proposed constitutional amendment on the budget would prevent adjournment of even-year sessions absent appropriations bills, allow legislators to remain in session indefinitely until appropriations bill(s) are passed, but removes any incentive for delay by preventing consideration of any other bill or resolution having the force of law after the 60^th legislative day. House Committee Substitute provides for gubernatorial review and veto right and provides that no compensation will be paid to General Assembly members after 60^th legislative day.

Limits inducements available from the state for tourism development to those projects where independent consultant finds that a net positive economic impact for the Commonwealth will result.

Bill requires that a solid waste transfer station file with the Natural Resources Cabinet a registered-permit-by-rule, which becomes effective unless denied by Cabinet within 30 days. Requires a copy of the registration be given to local solid waste management governing body and a certification by applicant that he complies with all local ordinances. If during the 30-day period new ordinances are enacted or amended, the owner must notify the Cabinet and registration is suspended until the owner certifies compliance with the new or amended ordinances.

It is unclear how the Cabinet would "suspend" the registration where new or amended ordinances are adopted since the registration is not effective until after that 30-day review period. Presumably it is intended that the registration be stayed pending a demonstration of compliance.

The categories of "permit by rule" and "registered permit by rule" have been criticized as "drive-by permitting" since the level of advance scrutiny of environmental impacts is minimal. The categories were created in order to facilitate the transition of solid waste facilities to better management standards in the early 1990's, and should be revisited in order to require full permitting for activities that can appreciable impact public health or the environment, and to better control "beneficial reuse" of wastes.

Creates a Pest Control Board within the Natural Resources Cabinet to develop a list of noxious weeds, and to raise awareness of the threat posed by noxious (non-native, invasive) weeds.

Seeks to improve child health in schools through controls on sale of junk foods and soft drinks in vending machines. Establishes nutritional criteria for food and beverages in public schools, limits sale of soft drinks in elementary and middle schools until after school, and phases in daily physical activity requirements, all in an effort to combat the rising rates of childhood obesity.

Modifies state laws on cemeteries in order to require better recordkeeping, to require notation of the burial location within a cemetery on the death certificate, to inventory native American remains currently held by state-funded agencies and to identify state-owned property suitable for reinterment of those remains, to recognize a right of access by descendants and family members of deceased persons to graves located on private property; and to create a voluntary state income tax checkoff to fund the state's county cemetery fund.

Requires issuance of a permit by the Kentucky Heritage Council for any excavation of an archaeological site on private property; provides penalties and forfeiture of objects excavated in violation of law. Also clarifies rights of access to burial sites on private lands, and requires an Office of Vital Statistics permit for possession of human remains (other than cremated remains) and for any exhumation.

Exempts archaeological investigations conducted under the Historic Preservation Act and the "treatment" of cemeteries and archaeological sites under state and federal mining laws.

Creates a Kentucky Native American Heritage Commission to advise state agencies concerning matters relating to Native American heritage.

Requires establishment of standards for evaluating master agreements with and performance of concessionaires providing commercial activities and services at Kentucky state parks.

Provides for mandatory referral to mediation or arbitration for any cause of action for damages against a nonprofit corporation based on a right "granted under the Kentucky Revised Statutes" and encourages other civil actions against such corporations to be considered for alternative dispute resolution.

KRC is concerned with any measure that would eliminate or restrict a right of action for damages against a corporation (profit or non-profit) or individual by mandating arbitration or alternative dispute resolution.

Bill would expand hazardous duty retirement category to include environmentalist positions in local health departments.

Bill encourages and provides incentives for development of interlocal agreements among local governments for provision across county boundaries of police, fire, emergency and other essential community services, including raising reimbursement from Kentucky Pride Fund from 75% to 100% for illegal dumps clean by communities who are involved in interlocal agreements regarding solid waste management.

Bill originally required each agency to develop a policy to allow reductions or waivers of civil penalties for businesses with up to 100 employees. KRC opposed, believing that imposition of civil penalties should be based on factors related to the severity of the violation, harm or potential harm to the public or environment, violation history, and other case-specific factors, not merely based on the size of the violator.

Rep. Palumbo agreed to hold the bill in response to concerns, and agreed to a committee substitute calling for a "study". KRC has withdrawn opposition and is neutral on the committee substitute.

Allows local governments to create by ordinance special districts called "river corridor improvement districts" for areas within a 2-mile proximity to a river. "River corridor advisory boards" are to be created for such districts, to advise local government on environmental issues, development and preservation of the area, housing, economic development and infrastructure within and adjacent to the corridor area. Within that corridor area, an ad valorem tax of 10 cents per $100 of real and personal property within the boundaries may be imposed, and spent on projects and improvements within the corridor as determined by local government.

Prohibits cities or counties from imposing restrictions on mobile phone use in motor vehicles.

Bill originally created a "special" exemption from the definition of "special wastes" in order to mandate that the Natural Resources Cabinet treat utility waste from combustion of petcoke as a solid waste rather than a "special waste." "Petcoke", is a waste by-product of petroleum refining, generating much less ash, and lower levels of all hazardous metals than coal, with higher levels of vanadium and nickel. Testimony in committee underscored that the goal of the bill is to discourage petcoke use in order to advantage western Kentucky coal.

KRC opposed the bill, which was replaced by a committee substitute into a "study" of petcoke.

Amends state law on highway signage to require Transportation Cabinet to allow specific highway service signs for bed and breakfast establishments.

Creates a permit process by which the owner of a legally-erected highway billboard can apply to the local Highway District office for a permit to trim or prune trees and shrubs that obscure the "advertising device viewing zone," an area of 500 feet or more from the highway to the billboard. "Trim or prune" is defined not as one would commonly use the terms, but as "selective removal of vegetation" but cannot include clear cutting. The bill requires that any trimming or pruning be conducted by a certified arborist, and that the vegetation "trimmed or pruned" be replaced with native vegetation on a 2-1 basis.

Historically KRC has disfavored the destruction of public trees and shrubs from highway rights-of-way in order to assist the billboard industry to deliver its "message" to the motoring public.

Creates a tax credit for purchase and use of coal combustion waste aggregate used in manufacture of masonry construction projects.

Would take $10 million over next biennium of tobacco settlement agreement money before distribution of those funds to match federal funds to develop the Purchase Area Regional Industrial Park.

The Executive Branch Budget. There are several important issues concerning environmental protection in the House bill, the fate of which depends on the Senate and conference committee on the budget.

The House bill funds the Environmental Quality Commission at 255,700 for FY 03 and 253,700 for FY 04, well below the Governor's recommended 262,500 in FY 03 and 276,300 for FY 04.

While Senator Sanders has expressed support for continued funding for EQC, there are some Senators who view this as an opportunity to mollify the special interest lobbyists who would like to silence the EQC as a public forum, and to eliminate the important environmental trend monitoring and reporting that the EQC provides in its annual "State of The Environment" report. EQC deserves your support.

Additionally, the House bill retains important language allowing permit blocking of surface coal mining permit applicants based on existing violations by owners and controllers of the applicant. Despite an agreement during the 2002 session that the language would remain in the Executive Branch Budget during the current budget cycle and would be placed in legislation in the 2004 session, the coal industry is seeking to have the language removed from this budget.

Requires annual assessment of Commonwealth preparedness to respond to acts of terrorism and directs collaboration among various agencies.

Creates Motorcycle Advisory Commission for Highway Safety as advisory body to Transportation Cabinet.

Creates tax on electricity production by any units of over 25 Mw capacity, and includes a series of allocations to such funds as the general fund, local government assistance fund, workers compensation fund, and back to coal producing counties. Sunsets coal severance tax.

Creates a "Coal Development Fund" to finance projects approved by Kentucky Coal Council relating to projects to promote coal technologies and facilities.

Provides for alternative project delivery method for procuring services for capital projects.

Requires all local governments to comply with laws prohibiting employment discrimination based on disability, and requires reasonable modifications to accommodate testing and interviewing needs of persons with disabilities.

Standardizes guidelines and process for issuance by county road officials of permits for county road and right-of-way encroachments.

Allows use of videotape rather than stenographic transcripts for Public Service Commission hearings.

House counterpart to Senate Bill1 calling for constitutional amendment to limit recovery of noneconomic and punitive damages in suits against health care providers.

Clarifies that "municipal solid waste disposal facility" for purposes of state permitting and consistency with local solid waste plans, includes any facility disposing of refuse-derived fuel or processed waste for production of electricity.

Increases penalties and allows for forfeiture of equipment for trespassing while engaged in fish or wildlife activities.

Requires person be 16 or older to drive all-terrain vehicle, prohibits passengers on ATVs, restricts highway use to those licensed and insured, requires taking of safe rider course by all owners.

House counterpart to Senate Bill 142 regarding federal agency participation in water commissions. (see above).

Requires Transportation Cabinet to erect noise barriers where requested by a local unit of government, for transportation projects involving construction or reconstruction of highways.

Modifies existing law on code enforcement boards to provide for service by posting and by mail where alleged offender cannot be personally served a citation regarding violations of local ordinances.

Bill establishes standards and procedures through which Kentucky can join the 34 other states that have net metering programs by which eligible customers producing excess electricity can receive credit at the same rate for excess power transmitted to the retail electric supplier. Net metering provides a mechanism for encouraging the use of small-scale renewable energy systems.

Under the guise of promoting "uniform application of a single body of civil rights law" this bill seeks to prohibit local governments from enacting or continuing ordinances in the area of civil rights, such as prohibiting discrimination based on sexual orientation.

This bill allows private forestland that is under a forest stewardship or forest management plan would be assessed at a lower property tax rate than would otherwise attach to the land, as a mechanism to encourage forest stewardship.

While KRC supports the measure conceptually, the bill has numerous problems that need attention in order to better focus the bill and to provide meaningful incentive for non-industrial woodland owners to better manage forestlands:

a. It will create new demand for Division of Forest support for private landowners, including inspection and compliance activity, without an appropriations to support that increased workload;

b. It applies to industrial forestlands, which are already under management plans and are not in need of subsidies through lower taxes;

c. It limits the availability of the lower tax rates to forest lands managed for timber production, rather than allowing forests managed for wildlife and other purposes to be eligible; and

d. It requires that forestlands that are converted from the classified status pay the difference in taxes for all the years in which the land was managed as forest.

Provides immunity for airport boards and employees for injuries and damage from actions and inactions in response to aviation threats, except in the case of gross negligence, bad faith or willful misconduct. While some limitation on liability for responses to emergency situations may be appropriate, the bill concerned KRC because it limits liability for injury caused by events, and response to events, that are well within the control of the airport, such as hazardous material spills and releases. In cases where failure an aviation threat occurs due to factors within the control of the airport management or board, as contrasted to an external threat, such as the failure to properly control hazardous materials, and harm results, no immunity should be conferred.

After discussion, the proponents agreed to clarify the scope of the immunity to address KRC's concerns. Due to concerns from other quarters, the bill will not be heard this session.

Expands scope of current law prohibiting a person in a city or urban-county from allowing a public nuisance or health hazard to develop from accumulations of rubbish or excessive growth of weeds or grass, to include counties.

Bill parallels senate bill creating a new crime of "abuse of public trust" for misappropriating public money or property.

Limits liability of owner of an agritourism facilities that do not charge admission price or fee, to willful or malicious failure to warn of dangerous situations. The language tracks that of KRS 411.190, which provides a comparable limitation for liability for persons making land available for recreation without charge.

This bill includes changes to oil and gas laws sought by the Kentucky Oil and Gas Association. A number of the proposed changes raise questions, but the most problematic is a provision that would prohibit local communities from adopting ordinances that would in any manner regulate oil and gas exploration, production, development, gathering and transmission, unless the local community did so through planning and zoning.

KRS 67.083 recognizes the broad authority of counties to act to prevent nuisance and to advance conservation of natural resources, while requiring that in those areas where the state has acted, the locality must be consistent. This broad preemption of local government police powers is inappropriate and unnecessary, particularly since the state Department of Mines and Minerals lacks a comprehensive program that addresses siting and which is adequate to fully address public health and nuisance issues.

Bill addresses chemical agent disposal at Bluegrass Army Depot, making several positive changes in existing law, including: creation of an Office of Liaison within the host community funded by the permit applicant to coordinate community oversight of the destruction of chemical weapons; provision assuring that no chemical agent destruction will occur under a "research, development and demonstration" permit except for pilot scale operations to prove-out the technology; and assuring that the local community emergency response plans including necessary infrastructure improvements are in place prior to operation of the chemical agent destruction facility.

Effort to undercut the northern Kentucky Vehicle Emissions Testing program by removing enforcement mechanism.

What northern Kentucky legislators who have sponsored this measure don't appear to understand or have concern for is that vehicle testing programs, while a minor consumer annoyance to some, are an important strategy for achieving and maintaining the reductions in ozone precursors necessary to maintain compliance with ozone air standards. Absent the ability to require the mobile sources to account for their pollution, the burden of reductions will be shifted entirely to the stationary sources, including large and small businesses, within the northern Kentucky area.

KRC believes that a continuing program of reductions of ozone precursors should be required of all classes of emissions sources, including the mobile sources. The question yet to be answered is whether the business organizations representing the northern Kentucky area will do as poor a job of representing the interests of their members as did the local business organizations in Jefferson County when the VET program was eliminated in the 2002 legislative session.

Bill responds to the use of lawsuits as a tool to silence communities seeking to participate in zoning and other government decisionmaking – the phenomenon described as "strategic lawsuits against public participation or "SLAPPs").

Bill would recognize the immunity of citizens from civil liability for statements made before any governmental entity in connection with an issue, and public statements made in a public forum in connection with a matter of public interest, excepting actions or statements that are criminal or result in personal injury.

Bill provides for interlocutory appeal of decision refusing to dismiss case where the immunity is asserted, and provides that where a defendant prevails in securing dismissal of a suit, attorney's fees and costs shall be recoverable.

The abuse of the legal process to chill public participation is a tool used all too often. The bill recognizes the privileges status of the right to petition government and the right of free speech, and uses appropriate tools to dissuade practitioners from engaging in SLAPP suits, including allowing recover of costs and attorneys fees by prevailing citizens and allowing an appeal of the immunity issue before being subject to discovery practices that are sometimes used to harass or intimidate citizens.

Bill adjusts size and terms of airport boards in Louisville and other counties with city of the first class.

Act on lead poisoning prevention, requiring certification of affected properties as lead-free and providing tax credits for costs.

Bill would exempt cities, counties and other political subdivisions of state from having to obtain a stream construction permit in order to reconstruct or replace bridges, concrete slabs or low-water crossings used by a city of county road maintenance program.

Changes to law allowing surface mining permittees who have trespassed onto others' lands, to gain an easement to get onto those lands without the landowners' permission in order to abate violation.

Resolution supporting creation of an "Energy Education Foundation" to produce a "highly skilled energy workforce" and directing Interim Joint Committee on Education to study energy education for students and consumers.

Modifies House Rules to require fiscal note for any bill that will fiscally affect local governments through imposition of a mandate, removes threshold requirement that the effect be "significant". [This broadens the fiscal note requirement even as the Senate Rules amendment adopted the "significant" threshold.]

Resolution calling on Congress to oppose Federal Energy Regulatory Commissions proposed to standardize the design of the wholesale transmission market, pending a cost-benefit and state-impact analysis.

Gives mandates, directives and initiatives contained in 2002-4 budget memorandum force and effect of law.

Creates Kentucky Rural Issues Task Force to study effectiveness of state and federal programs in addressing challenges facing rural Kentucky.

Directs Special Subcommittee on Energy to study issues relating to coalbed methane extraction and to report to the LRC by December 1, 2003.

A concurrent resolution urging the National Highway Traffic Safety Administration to study the effect of wireless phone use on driver performance and safety.

Resolution would direct the Governor's Commission on family Farms and Center for Agricultural Development to study and report on the competitive and economic status of black farmers in Kentucky.

Another measure sponsored by Rep. Fischer to end the northern Kentucky vehicle emissions testing program – an outcome that would jeopardize air quality improvements in the area.

Directs study of farmland use and impact of farmland conversion on agricultural producers.

Coal industry effort to undercut the new "Coal Mining General Permit" issued by the Division of Water by ordering the state Division of Water to rescind the permit and reinstate the previous general permit, and requiring that any new testing requirements imposed on coal mining operations on general permits be done by amending the surface mining program regulations.

The goal of the coal industry is to avoid the requirement to test wastewater discharges for oil and grease. The former permit allowed the coal companies to avoid testing for oil and grease if the operators implemented best management practices. There have been continuing pollution problems associated with coal mining operations use and disposal of oil and grease associated with the operation and maintenance of heavy equipment.

The resolution represents a questionable effort to insulate the coal industry from testing requirements necessary to protect instream water quality. The industry failed to comment on the proposed new condition of the general permit despite two opportunities to do so, and has not used the appropriate mechanism to challenge permit conditions that they believe to be unnecessary or unjustified. Instead the coal industry seeks to embroil the legislature in the business of revoking permits and directing the content of individual and general permits issued to protect water quality.

Reduced protection of drinking water supplies.
Delays in responding to citizen complaints.
Inability to effectively fight forest fires.
Loss of conservation help for farmers.
Less oversight of coal slurry ponds and non-coal mines.
Less effort to eliminate straight pipe pollution.

All of these are likely if the Natural Resources and Environmental Protection Cabinet is burdened with the severe budget reductions proposed over this biennium by the General Assembly.

While much attention has been paid to the effects of budget cuts on more popular programs, little has been paid to the significant impacts that budget-cutting has had and will have on the agency charged with the protection of the quality of Kentucky's environment.

The proposed reductions contained in the House budget will have a significant negative effect on an agency that has already suffered cuts and is called upon to do so much with too little, protecting at short pay the very building blocks of a healthy state and a healthy economy.

It is important that the capacity of the agency to protect the public and environment over the long-term not be damaged in a legislative effort to address budget shortfalls while avoiding politically difficult decisions concerning taxation. Your help is needed top prevent that damage.

The Governor's budget proposal for Fiscal Years 2003 and 2004 contained a total funding for all of the state's environmental programs, including the Environmental Quality Commission and Kentucky Nature Preserves Commission, of $172.4 million dollars and $181.5 million, respectively. The proposed House budget provides less, at $170.9 million in FY 03 and 176 million in FY 04. Actual state General Fund support of the environment is only a fraction of that, (65 million in FY 03 and FY 04) since some $66 million for each year is in federal support and 38-45 million is from restricted funds. And there is concern that a Senate that includes some members hostile to various environmental programs may further cut the budget, and may target important agencies such as the Environmental Quality Commission (whose budget is 262.5 thousand in FY 03 and 276,300 in FY 04).

What can be done?

1. Adjust Permit Fees To Fully Capture Costs Of Permit Review & Compliance

The House and Senate Appropriations and Revenue Committees can end the subsidization of pollution permits by requiring, as part of the budget resolution, that the permit fees for each permitting program be adjusted upwards in order to fully capture the actual costs of processing the permit applications and of periodic compliance inspections required to be conducted during the permit term.

Currently, most permit fees, which are set by statute, capture only a small fraction of the real costs of processing, reviewing, and issuing or denying the applications. This failure to pay the real costs of the government service amounts to a pollution subsidy that the state can ill-afford. All costs associated with permit review and compliance inspections should be paid, and those funds should be returned to the agency.

2. Protect EQC From Disproportionate Cuts

The Environmental Quality Commission, an advisory body attached to the Natural Resources Cabinet, has been an important sounding-board for environmental issues - providing a public forum on major environmental issues; and producing the only barometer of environmental progress in its State of the Environment reports. The Commission has been subject to periodic assaults on its budget by special interests, and there is apparently some sentiment in the Senate to use the current budget shortfalls as an artifice to eliminate EQC, although the Senate Appropriations Chair Sen. Sanders has expressed support for the agency.

The House Budget includes continued funding for EQC. The Senate should do no less.

What you can do:

The House is scheduled to vote on the budget on Tuesday, after which it will be considered and modified by the Senate, resulting in a conference committee with the next two weeks to resolve the differences. Contact your state senator and representative, and also contact House and Senate leadership, and ask them to adjust permit fees to offset the real costs of permitting and to end the pollution subsidy, and to prevent the use of the budget process as a way to eliminate the EQC.

The House leadership are Jody Richards, Larry Clark, Greg Stumbo, Joe Barrows, Jim Callahan, Jeff Hoover, Bob DeWeese and Ken Upchurch. The Senate leaders are David Williams, Richard Roeding, Dan Kelly, Charlie Borders, Elizabeth Tori, Ed Worley, Johnnie Turner and Bob Jackson. A single fax, containing their names on the cover sheet, can be sent to 502-564-6543, and messages can be left toll free at 1-800-372-7181.

Chairman Sanders, members of the Senate Appropriations Committee, I appreciate the opportunity to submit these concerns regarding the proposed FY 03 and 04 budget for the Natural Resources and Environmental Protection Cabinet, including the Environmental Quality Commission and Kentucky Nature Preserves Commission.

The environmental programs of this state are at times not the most popular, particularly in the halls of this building, since in order to protect the interests of the public, and to safeguard for our children and theirs the air, water and land resources, the toes of some powerful interests get stepped on. We tend not to think a lot about environmental quality until it directly affects us, but the business of protecting our state's environment is a 24/7 job, carried out with a small fraction of our state budget by a staff more dedicated than we have any right to expect.

KRC fears that the House-passed Cabinet budget, coming after administration-mandated reductions in expenditures, will result in significant curtailment of the progress that has been made in many areas in recent years. The impact will be felt both by the regulated community, who relies heavily on the assistance and expertise of the agency in processing permits and assuring compliance with environmental laws, and by your public constituents, who expect prompt response and investigation of environmental complaints. The reductions contained in the budget bill will have a significant negative effect on an agency that is already called upon to do so much with too little, protecting at short pay the very building blocks of a healthy state and a healthy economy. It is important that the capacity of the agency to protect the public and environment over the long-term not be damaged further in the Senate proposal, and that instead the agency be allowed to augment the general fund appropriations in order to fill critical vacancies in technical support and compliance.

1. Authorize the Cabinet to adjust Permit Fees To Fully Capture Costs Of Permit Review And Compliance

The budget resolution should direct the Cabinet to adjust permit fees in order to fully capture the actual costs of processing the permit applications and of periodic inspections required to be conducted during the permit term.

Currently, most permit fees, which are set by statute, capture only a small fraction of the real costs of processing, reviewing, and issuing or denying the applications. This failure to pay the real costs of the government service amounts to a pollution subsidy that the state can ill-afford. Those funds should be returned to the agency to help offset the budget cuts.

The Environmental Quality Commission, an advisory body attached to the Natural Resources Cabinet, has been an important sounding-board for environmental issues – providing a public forum on major environmental issues; and producing the only barometer of environmental progress in its State of the Environment reports. The Commission has been subject to periodic assaults on its budget by special interests, and there is apparently some that believe the current budget shortfalls provide a convenient excuse to eliminate EQC. At 262.5 thousand in FY 03 and 276,300 in FY 04, whatever minute gain might be achieved from cutting that budget item would be offset by the significant and lasting damage that would be done to the public's interest by removing a multi-interest panel that has for a quarter of a century provided an important forum on current and emerging issues and given the state a periodic report card on environmental performance that we need even though we may not be thrilled sometimes to be reminded of the grades we've earned.

I would also ask that you review the funding for the Kentucky Nature Preserves Commission and restore the FY 03 and 04 funding and staffing levels recommended by the Governor. Part of the benefit that permit applicants for air, land, waste and water permits receive but don't pay full value for is the review performed by the Nature Preserves Commission of the potential impact of activities on protected species and their habitat. The important work of inventorying the remnant natural areas of the state, of managing those nature preserves that you have established, and of facilitating the permitting of industrial and commercial activity by advising on permit reviews, is managed with a very small budget and staff. Cuts that a larger agency might be able to absorb without significant curtailment of services are disproportionately felt by smaller agencies such as the KNPC. I ask your careful consideration of the important role served by KNPC and their budgetary needs.

Finally, KRC appreciates the commitment of the Committee Chair and Senator Stivers to retaining, during the current budget cycle, the language contained in the budget regarding the blocking of new mining permits for outlaw coal companies with links to current permit applicants. Permit blocking based on ownership and control links has been an important tool in preventing those who would violate the law from gaining benefit through corporate artifice, by barring new permits for those who are owned or controlled by those who have outstanding violations of the law. Given the long history of abuse of the mining laws by a small segment of the industry, continuation of this permit blocking mechanism is essential for both the public and the industry. We look forward to working with the Cabinet, the industry and the legislature to place this permit blocking requirement into statute during the 2004 Regular Session, and appreciate your commitment to retain it as budget resolution language until that time.

KRC presented testimony before the Senate Appropriations and Revenue Committee this afternoon. That testimony is attached.

KRC has suggested that the budget resolution, which carries the force of law, include language override other state laws limiting permit fees, and that the Cabinet be authorized to adjust permit fees to capture the full cost of processing and conducting compliance inspections on regulated facilities. Typically permit fees capture a small fraction of the real costs, amounting to a pollution subsidy that the state can ill-afford. Truing up the costs of permitting and regulatory oversight will also encourage pollution reduction, just as the imposition of emissions-based permit costs for Title V air permits did for air emissions.

Send a message to the Senate members urging them to end the pollution subsidy, and to restore the natural resources budget (including the Environmental Quality Commission and Kentucky Nature Preserves Commission) to the budget levels requested by the Governor. Here is a list of the Senators: Williams, Roeding, Kelly, Borders, Tori, Worley, Turner, Jackson, Guthrie, Neal, Boswell, Herron, Leeper, Moore, Pendleton, Shaughnessy, Jones, Kerr, McGaha, Palmer, Seum, Stivers, Robinson, Denton, Harris, Mongiardo, Rhoads, Karem, Tapp, Stine, Thayer, Casebier, Westwood, Buford, Sanders, Scorsone, Saunders, Blevins. The LRC fax line is 502-564-6543; the legislative message line is 1-800-372-7181.

Today, the state Senate is scheduled to vote on Senate Bill 71. The bill, among other things, removes the ability of the Governor to issue emergency regulations where needed toprotect human health and the environment. Instead, emergency regulations could only be issued where an imminent danger already existed.

     I am writing to ask your support for Senate Floor Amendment 1 to Senate Bill 71, and to ask that you oppose the bill absent that amendment. The bill is scheduled to be voted on today.

     Existing law allows the Governor to publish emergency regulations where necessary to protect public health and the environment. SB 71 removes that power, requiring the Governor to wait until a harm becomes an existing, imminent danger to health or the environment before acting.

     Government needs the power to act in real time where there is an emergency threatening human health or the environment. The public expects that government will not to sit idly until a threat to public health and the environment becomes an existing imminent danger before acting. Senator Blevin's Senate Floor Amendment 1 would restore the current language. Please call or fax your Senator and ask that they support Senate Floor Amendment 1 to SB 71, and oppose the bill without that amendment.

Legislative Message Line:   800-372-7181
Legislators Fax Line        502-564-6543
List of Senators:
Williams, Roeding, Kelly, Borders, Tori, Worley, Turner, Jackson, Guthrie, Neal, Boswell, Herron, Leeper, Moore, Pendleton, Shaughnessy, Jones, Kerr, McGaha, Palmer, Seum, Stivers, Robinson, Denton, Harris, Mongiardo, Rhoads, Karem, Tapp, Stine, Thayer, Casebier, Westwood, Buford, Sanders, Scorsone, Saunders, Blevins

There are two bills in need of a minute of your time.

Please contact your Senator to support Senate Floor Amendment 1 to Senate Bill 71, and to oppose the bill without the floor amendment.

SB 71, sponsored by Senator Roeding, amends current law on administrative regulations. The bill removes the power of the Governor to adopt emergency regulations where needed to protect human health and the environment, limiting that power to cases where an imminent danger exists to public health and the environment.

KRC believes that the Governor needs the power to act in real time to prevent harm, and should not be constrained to sit idly until a threat to public health and the environment becomes an existing imminent danger before acting. Senator Blevin's Senate Floor Amendment 1 would restore the current language. Please contact your Senator TODAY by fax at 502-564-6543 or phone at 1-800-372-7181 and ask them to support SFA 1 to SB 71, and to oppose the bill without that amendment.

__________________________________________________________________________

Please contact your state representative and ask them to support House Bill 163, which is in House Rules and will go to the House floor for a vote soon. The bill increases slightly the filing fees for court cases (by $5 - $10 for district - circuit court cases) in order to increase the level of support for the provision of legal services to low-income Kentuckians.

Kentucky's legal aid programs have suffered a $1.5 million loss this year alone. 24 staff positions have been cut and offices have closed or reduced hours due to the cuts. The modest increase in court fees, which will remain below those of surrounding states, would generate $3.1 million for legal aid and help offset the loss of federal support. Please contact your State Representative (and State Senator) and ask them to support HB 163.

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Senate restores ability of Governor to adopt emergency regulations where needed to protect human health and the environment.

Minutes ago, the state Senate adopted Floor Amendment #1 to Senate Bill 71, an administrative regulation bill aimed at curbing the power of the Governor to adopt emergency regulations. The bill would have eliminated the power to adopt regulations that became immediately effective unless there were an existing imminent danger to the public or environment. The amendment restores existing language that allows the Governor to adopt emergency regulations as needed to prevent harm and to protect human health and the environment.

Your calls and faxes made a big difference!!! KRC's effort to restore that language in committee was unsuccessful, but your contact with Senators from both parties helped turn the issue. The bill now moves to the House for consideration. A special thanks to Sen. Blevins for carrying the amendment, to Sen. Worley for raising the issue in caucus, to Sen. Karem and Sen. Kelly for speaking for the amendment, and to Sen. Roeding for accepting the amendment as a friendly amendment.

HB 458 Alert. HB 458, drafted by the oil and gas industry, seeks to sweep away the ability of counties to adopt any ordinance controlling any aspect of the oil and gas industry.

Current law grants counties broad powers to protect public health, safety and the environment, subject to a requirement that the county not conflict where the state has acted by adopting a law.

The industry admits there is no current local ordinance that regulates the oil or gas industry. The bill is an effort to override Letcher County, which in response to abusive industry practices has proposed an ordinance regulating the location of "gathering lines," which are pipelines used to convey natural gas.

The root of the problem is that the state Department of Mines and Minerals has never implemented a comprehensive program to make the industry accountable to surface landowners for the damage caused when gathering lines are located. Industry wants to sweep aside the ability of local governments to regulate, while not addressing the problem of overreaching by certain segments of the industry.

KRC has recommended that HB 458 direct the development of a state-level program for gathering line siting similar to the program currently in place for well location, in order to protect surface landowners and bring uniformity to regulation. Instead, the Committee Chair intends to bring the bill for a vote tomorrow on adjournment, with the provision overriding local government authority intact.

PLEASE send a fax or call the message line and send a message to each member of the House Natural Resources Commmittee to OPPOSE HB 458 AND TO SUPPORT THE RIGHT OF COUNTIES TO PROTECT THEIR CITIZENS FROM HARM.

Legislative Message Line:   800-372-7181
Legislators Fax Line        502-564-6543

MEMBERS OF THE HOUSE NATURAL RESOURCES AND ENVIRONMENT COMMITTEE (in parenthesis are the counties they represent)

Jim Gooch Jr. (Hopkins, Daviess, Webster, McLean)
Rocky Adkins (Rowan, Lawrence, Boyd, Elliott)
Tim Couch (Harlan, Leslie, Clay)
Rick Rand (Carroll, Trimble, Oldham, Henry)
Scott Brinkman (Jefferson)
Brandon Smith   (Perry, Harlan)
Hubert Collins (Johnson, Martin, Floyd, Pike)
Howard Cornett (Letcher, Harlan, Pike)
Keith Hall   (Pike)
Don Pasley   (Clark)
Marie Rader (Jackson, Laurel, Owsley)
Jim Stewart (Laurel, Knox)
Robin Webb   (Carter, Lewis)
Brent Yonts (Hopkins, Christian, Muhlenberg)

_____________________________________________________________

2-24-03:

Serving the people - to the oil & gas industry

House Bill 458, the oil and gas industry's effort to pre-empt any local regulation of the abuses caused by segments of the industry, is being rushed to a vote as early as today on the House floor. The bill is a pre-emptive strike by the industry to prevent Letcher County or other counties from acting to curb abuses, and would leave a gap in public protection since the state mines and minerals agency has failed to act to prevent or correct the abuse.

Even though the bill was reported to the Calendar only Friday and normally would be in Rules Committee for several days since the bill must have three readings, allowing for the filing of amendments, the bill is being rushed through the House and may be voted on today or tomorrow.

PLEASE CALL HOUSE LEADERSHIP THIS MORNING AND INSIST THAT THE BILL BE RETURNED TO LOCAL GOVERNMENT COMMITTEE FOR MORE REASONED REVIEW DURING THE INTERIM, OR THAT THE VOTE BE DELAYED IN ORDER TO ALLOW FAIR DEBATE ON POSSIBLE AMENDMENTS.

CALL 1-502-564-8100 AND ASK FOR THE OFFICES OF REP. GREG STUMBO, REP. JOE BARROWS, REP. LARRY CLARK AND REP. JODY RICHARDS. ASK THAT THEY RETURN HB 458 TO COMMITTEE, OR AT LEAST DELAY THE VOTE IN ORDER TO ALLOW FULL AND FAIR CONSIDERATION OF AMENDMENTS. THE PUBLIC INTEREST SHOULD NOT BE SACRIFICED TO THE ADVANTAGE OF THE MOST ABUSIVE OF THE OIL AND GAS INDUSTRY, WHO STAND TO GAIN MOST BY FORBIDDING LOCAL GOVERNMENTS FROM REGULATING WHERE THE STATE HAS FAILED TO DO SO.

PLEASE CONTACT YOUR REPRESENTATIVE AND HOUSE LEADERSHIP TO OPPOSE THE EFFORT TO GUT LOCAL AUTHORITY TO REGULATE HARM CAUSED BY THE OIL AND GAS INDUSTRY

     House Bill 458 passes committee, and now goes to House Rules.

     Despite the courageous votes against the bill by Representatives Keith Hall, Howard Cornett, Brandon Smith and Don Pasley, the House Natural Resources Committee passed House Bill 458 yesterday evening. The vote was closer than expected, because your calls are having an impact on the process.

     The bill now moves to House Rules, where leadership could recommit the bill or send it to the floor for a vote. Please contact Representative Greg Stumbo and the other members of House leadership, Reps. Jim Callahan, Joe Barrows, Jeff Hoover, Bob DeWeese and Ken Upchurch, and ask them to recommit House Bill 458 to another committee where the impact on county authority and public health and welfare could be more carefully considered and hopefully better-respected.

     Moved by abusive practices by oil and gas interests in Letcher County, the Letcher County Fiscal Court has been considering using its "home rule" authority under KRS 67.083 to require that companies seeking to site "gathering lines" for the transmission of natural gas, to protect the rights of surface landowners.

     In response, the oil and gas industry drafted House Bill 458, which would pre-empt all county ordinances affecting the oil and gas industry other than zoning, and would do nothing to extend state law to end the abuses that spurred the county to act in the first instance.

     This direct assault on the power of counties to act in the absence of state standards to protect their citizens is unnecessary. While industry claims that they might be subject to inconsistent county regulations, existing law at KRS 67.083 assures that local government actions will not be inconsistent with state standards. In the absence of state standards, counties must be free to act to protect against oil and gas industry abusers.

     HB 458 is dangerous, since it preempts local government without requiring that the state act to protect public health and the environment from the acknowledged abuse practiced routinely by some companies. If the industry were truly interested in avoiding inconsistent regulations, they would be asking for a comprehensive regulatory program at the state level protecting the public health and welfare from the adverse public health, public safety and environmental impacts of the oil and gas industry. Instead, what is sought is no county regulation and no state regulation of the impacts of gathering lines on landowners

     HB 458 is offensive, since it deprives counties of the police powers recognized by the General Assembly as properly belonging to local communities, unless the state has adopted a single standard of conduct in which case existing law resolves any conflicts.

     KRC proposed an alternative approach, which would address the specific issue of gathering lines while preserving county authority in other areas. Rather than broadly precluding local enactments and not addressing the problem, KRC recommended that HB 458 direct the development of a state-level program similar to the program currently in place for well location, to resolve these concerns. With a state-level program in place, the goal of uniformity among counties would be achieved without trampling county authority, since the existence of a state standard would preclude any inconsistent local program without the need to disrupt the current "home rule" statute and the carefully-structured relationship of state and local government authority embodied therein.

     To that end, KRC suggested that Section 1 of the bill be deleted and replaced with this language:

     Any person proposing to locate a gathering line over the surface of lands that are owned by another person, shall apply to the Department of Mines and Minerals for a permit to construct and locate the gathering line. The permit shall contain an operations and reclamation proposal for the areas to be disturbed in support of the gathering line, which shall contain information comparable to that required by KRS 353.5901(1)(a)-(d). Notice provisions comparable to KRS 353.5901(2) shall be used to notify all surface owners. If the surface owner through whose property the gathering line is proposed to be located does not provide written agreement to the proposal, the mediation provisions of KRS 353.5901(3) shall be employed to resolve conflicts concerning the location of such gathering lines.

Please contact the Representatives listed above and your State Representative to oppose HB 458.

HOW TO CONTACT LEGISLATORS:

Legislative Message Line:   800-372-7181
Legislators Fax Line        502-564-6543

Kentucky Resources Council, Inc.

Post Office Box 1070

Frankfort, Kentucky 40602

(502) 875-2428 phone (502) 875-2845 fax

e-mail fitzKRC@aol.com

February 17, 2003

To: Rep. Hubert Collins

Members, House Natural Resources Committee

From: Tom FitzGerald

Re: Opposition to House Bill 458

I am writing to express KRC's opposition to House Bill 458, which was drafted by oil and gas interests and seeks to make numerous changes in the state laws regulating oil and gas.

Most significant and troublesome of the changes is the language in Section 1 that would sweep away the power of local governments to regulate in any manner the exploration, production, development, gathering and transmission of oil and gas, except for zoning power.

This language pre-empting almost all local government authority is unnecessary – since existing law at KRS 67.083 assures that local government actions will not be inconsistent with state law. It is dangerous, since the state lacks a comprehensive regulatory program protecting the public health and welfare from the adverse public health, public safety and environmental impacts of the oil and gas industry. And it is offensive, since it deprives counties of the police powers recognized by the General Assembly as properly belonging to local communities, unless the state has adopted a single standard of conduct in which case existing law resolves any conflicts.

KRS 67.083, the county "home rule" statute, reflects the proper interaction of concurrent authority and pre-emption. The reason for this language is to advance the interest of the oil and gas industry to be free of accountability to local governments for damage to local roads and landowners in the drilling of wells, exploration for oil and gas, and in laying pipelines.

Other aspects of the bill are of concern as well:

Section 2(2)(e) defines "waste" to include the venting of gas, unlike existing law which defines waste as surface loss. If a mining company vents coalbed methane to protect miners, are they in violation of the law prohibiting waste?

Section 4 again revisits the issue of extending permit terms and provides that a doubling of the term of a permit does not give rise to a right to object to the well location. In order to assure that surface owners expectations are protected, the language should be rewritten to clarify that it applies only to extensions to permits issued after the law's effective date, and only where the well location is not changed from the initial permit approval. Any change in material terms of the permit should not be allowed by extension.

Section 5(5) inserts new language providing that "individuals acquiring a single well for domestic use may post a combination bond of cash and property to cover future plugging costs.

KRC is concerned that owner/operator responsibility for proper closure of wells may be circumvented by selling off the wells "for domestic use" and releasing the owner/operators bond, replacing it with a cash and property bond that is inadequate to effect closure and difficult to collect upon. Also, when the well is sold or transferred to the landowner, will that landowner have the knowledge and responsibility to manage spill prevention and control and closure?

Section 7 limits the requirement of consent for waivers to allow drilling wells closer than the prescribed distances, to adjacent premises that are directly affected rather than the existing language requiring consent of all owners of oil and gas interests in any premises that will be offset.

Depending on how large adjacent holdings are, a nearby landowner could be affected yet lose the ability to withhold consent. because the property is non-adjacent. All affected landowners whose interests will be offset must be required to give consent whether adjacent or not.

Thank you for the opportunity to convey KRC's concerns.

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House Bill 458, written by the oil and gas industry, would sweep away all local government power to regulate any aspect of the oil and gas industry, except for zoning powers. An action alert is attached, and your assistance in helping to preserve the authority of communities to exercise "home rule" powers to protect their residents from oil and gas impacts, is needed.

House Bill 458: Oil and Gas Companies Move Against Counties

House Bill 458, drafted by oil and gas interests, seeks to make numerous changes in the state laws regulating oil and gas.

Most significant is the language in Section 1 that would sweep away the power of local governments to regulate in any manner the exploration, production, development, gathering and transmission of oil and gas, except for zoning power.

This language pre-empting almost all local government authority is unnecessary – since existing law at KRS 67.083 assures that local government actions will not be inconsistent with state law.

This language pre-empting almost all local government authority is dangerous, since the state lacks a comprehensive regulatory program protecting the public health and welfare from the adverse public health, public safety and environmental impacts of the oil and gas industry.

This language pre-empting almost all local government authority is offensive, since it deprives counties of the police powers recognized by the General Assembly as properly belonging to local communities, unless the state has adopted a single standard of conduct in which case existing law resolves any conflicts.

The bill advances the interests of the oil and gas industry to be free of responsibility for accounting for damage to local roads and landowners in the drilling of wells, exploration for oil and gas, and in laying pipelines. Drafted by the oil and gas industry, the bill deserves to be defeated.

     Please contact members of the House Natural Resources and
Environment Committee and ask them to oppose House Bill 458. The bill is expected to be heard tomorrow, Tuesday February 18 at NOON so messages need to be sent today or early morning Tuesday.

MESSAGE: "Do not take away the rights of local governments to protect
their citizens from harm caused by the oil and gas industry when the need arises. Please oppose House Bill 458."

HOW TO CONTACT LEGISLATORS:

Legislative Message Line:   800-372-7181
Legislators Fax Line        502-564-6543

MEMBERS OF THE HOUSE NATURAL RESOURCES AND ENVIRONMENT COMMITTEE (in parenthesis are the counties they represent)

Jim Gooch Jr. (Hopkins, Daviess, Webster, McLean)
Rocky Adkins (Rowan, Lawrence, Boyd, Elliott)
Tim Couch (Harlan, Leslie, Clay)
Rick Rand (Carroll, Trimble, Oldham, Henry)
Scott Brinkman (Jefferson)
Brandon Smith   (Perry, Harlan)
Hubert Collins (Johnson, Martin, Floyd, Pike)
Howard Cornett (Letcher, Harlan, Pike)
Keith Hall   (Pike)
Don Pasley   (Clark)
Marie Rader (Jackson, Laurel, Owsley)
Jim Stewart (Laurel, Knox)
Robin Webb   (Carter, Lewis)
Brent Yonts (Hopkins, Christian, Muhlenberg)

_________________________________________________________________________

HJR 140 Alert - HJR 140 would force the state Natural Resources Cabinet to revoke the recently-issued "general permit" for coal mine pollutant discharges, and to reinstate the former general permit, in order to allow coal mine operations to avoid testing their discharges for oil and grease. The bill may be heard as early as tomorrow noon in the House Natural Resources & Environment Committee. KRC's letter to the committee is attached, and you are asked to send a fax or a phone message to the members of the committee. Thanks for your help!

HOW TO CONTACT LEGISLATORS:

Legislative Message Line:   800-372-7181
Legislators Fax Line        502-564-6543

MEMBERS OF THE HOUSE NATURAL RESOURCES AND ENVIRONMENT COMMITTEE (in parenthesis are the counties they represent)

Jim Gooch Jr. (Hopkins, Daviess, Webster, McLean)
Rocky Adkins (Rowan, Lawrence, Boyd, Elliott)
Tim Couch (Harlan, Leslie, Clay)
Rick Rand (Carroll, Trimble, Oldham, Henry)
Scott Brinkman (Jefferson)
Brandon Smith   (Perry, Harlan)
Hubert Collins (Johnson, Martin, Floyd, Pike)
Howard Cornett (Letcher, Harlan, Pike)
Keith Hall   (Pike)
Don Pasley   (Clark)
Marie Rader (Jackson, Laurel, Owsley)
Jim Stewart (Laurel, Knox)
Robin Webb   (Carter, Lewis)
Brent Yonts (Hopkins, Christian, Muhlenberg)

HJR 140 would force the state Natural Resources Cabinet to revoke the recently-issued "general permit" for coal mine pollutant discharges, and to reinstate the former general permit, in order to allow coal mine operations to avoid testing their discharges for oil and grease. The bill may be heard as early as tomorrow noon in the House Natural Resources & Environment Committee. KRC's letter to the committee is attached, and you are asked to send a fax or a phone message to the members of the committee. Thanks for your help!

HOW TO CONTACT LEGISLATORS:

Legislative Message Line:   800-372-7181
Legislators Fax Line        502-564-6543

MEMBERS OF THE HOUSE NATURAL RESOURCES AND ENVIRONMENT COMMITTEE (in parenthesis are the counties they represent)

Jim Gooch Jr. (Hopkins, Daviess, Webster, McLean)
Rocky Adkins (Rowan, Lawrence, Boyd, Elliott)
Tim Couch (Harlan, Leslie, Clay)
Rick Rand (Carroll, Trimble, Oldham, Henry)
Scott Brinkman (Jefferson)
Brandon Smith   (Perry, Harlan)
Hubert Collins (Johnson, Martin, Floyd, Pike)
Howard Cornett (Letcher, Harlan, Pike)
Keith Hall   (Pike)
Don Pasley   (Clark)
Marie Rader (Jackson, Laurel, Owsley)
Jim Stewart (Laurel, Knox)
Robin Webb   (Carter, Lewis)
Brent Yonts (Hopkins, Christian, Muhlenberg)

House Bill 473 Protecting Local Control Over Waste Importation

    In 1991 the General Assembly overwhelmingly passed a bill comprehensively overhauling solid waste management in our state. Senate Bill 2 contained a partnership with local governments -- if the counties properly managed their own wastes, they would be given the right to control the importation of other's wastes into the county for disposal, and will be allowed to assess fees on all wastes in order to address the impacts of waste management.

     In Senate Bill 2 (1991) a clear hierarchy was established - recycling of materials for reuse as raw materials in remanufacturing was favored over the use of recyclable materials for heat recovery. In order to achieve that goal, the term "refuse-derived fuel" was defined to allow this processed waste product to be exempted from waste permitting ONLY where all recoverable recyclable materials had first been removed.

     Despite this seemingly clear mandate, the Natural Resources Cabinet made a decision in the case of the Kentucky Pioneer power plant, a merchant power plant proposing to use as up to 80% of its fuel mix, New York or New Jersey processed garbage instead of coal to power a merchant power plant, that the proposed waste-based fuel was exempt even though the company admitted it would not try to remove paper, cardboard or recyclable plastics because it wanted them for the heat value.

     HB 473 corrects the Cabinet misinterpretation and emphasizes what the legislature intended in 1991. It also assures that all use of municipal solid waste-based fuels is subject to local review for consistency with solid waste plans.
Having shown the state that it can properly manage its own waste, Clark County should have that voice in determining whether to host a facility for disposing of a million tons each year of wastes from those middle-Atlantic states that have not discovered the political will to dispose of their own wastes at home.

    HB 473 has passed the House committee and is pending in the House Rules. Please contact your representative and House leadership (Reps. Stumbo, Richards, Callahan, Barrows, Hoover, Upchurch, DeWeese and L. Clark) and ask them to pass HB 473.
Legislative Message Line:   800-372-7181
Legislators Fax Line        502-564-6543

_________________________________________________________________________________

PUBLIC HEARING RESCHEDULED FOR PROPOSED CLARK COUNTY PLANT

The Kentucky State Board on Electric Generation and Transmission Siting has rescheduled its local public hearing on the proposal by Kentucky Pioneer Energy LLC to build a 540-megawatt power plant on a site near Trapp in Clark County.

A local public hearing will be begin at 6 p.m. on Tuesday, March 4, in the meeting room of the Clark County Cooperative Extension Service, 1400 Fortune Drive, in Winchester. The hearing had been scheduled for February 17, but was postponed due to inclement weather.

Anyone wishing to comment on the Pioneer Energy proposal may do so at the hearing. Depending on the number of people wishing to speak, the length of oral comments may be limited in order to allow everyone to be heard. Written comments also will be accepted. The formal evidentiary hearing in the case will be held at 9 a.m. on Thursday, March 6, at the offices of the Kentucky Public Service Commission, 211 Sower Boulevard in Frankfort. Participation in the hearing is limited to the parties to the case, although the Siting Board may, at its discretion, allow additional public comments.

Maps and driving directions for the hearing locations, as well as the Pioneer Energy application and other documents in the case, are available on the Siting Board Web site: http://www.psc.state.ky.us/agencies/psc/siting_board/merchant.htm.

The case number for Pioneer Energy is 2002-00312.

Written comments also may be submitted to the Siting Board at: Kentucky State Board on Electric Generation and Transmission Siting, P.O. Box 615, Frankfort, KY 40602.

KRC will be developing comments concerning the proposed siting and will distribute them to this mailing list and post them on our website at www.kyrc.org.

Hearing Officer Janet Thompson ruled on February 20 that the state Division of Waste Management erred in concluding that Kentucky Pioneer Energy's use of processed waste to fuel a proposed power plant in Clark County, Kentucky would be exempt from state waste laws.

The state Cabinet had determined that the processed municipal solid waste by the power plant was "refuse derived fuel" and as such was exempt from state solid waste laws, including local approval of the waste importation by Clark County; despite the acknowledgment by the company that it would not remove plastics and paper from the waste because it wanted the Btu (heat) value of those wastes.

The Hearing Officer recommended the granting of the motion of Charles (Tim) Walters for summary disposition, holding that "when it should have been clear to DWM that no effort would be made to extract the recoverable recyclable plastics or paper from the waste stream it was clearly erroneous for DWM to make an advance determination that the waste based fuel was a refuse-derived fuel and the facility would not be required to obtain a waste permit." The company is expected to file exceptions to the Hearing Officer;s Report, after which time the Cabinet Secretary will issue a final Order.

HB 473, which will be voted on by the state House today, would clarify existing state law to correct the DWM's misinterpretation of the law in this case and for all future cases. The Hearing Officer's decision underscores that HB 473 properly clarifies the intent of the General Assembly when it passed SB2 in 1991.

2003 REGULAR SESSION:

13 LEGISLATIVE DAYS UNTIL ADJOURNMENT: COUNTING THE HOURS!

781 BILLS, AND 254 RESOLUTIONS WITH MORE TO COME

This list profiles the significant environmental, conservation, consumer and general government bills that are being tracked by the Council during the 2003 session. It will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.

Louisville Neighborhoods

Web Site Development Services by
Communicas: Strategy, Communications and Brokering for Sustainable Development

For problems or questions regarding this web contact [LouNeigh@louisvilleneighborhoods.org].
Last updated: November 29, 2003.

2003 REGULAR SESSION:

13 LEGISLATIVE DAYS UNTIL ADJOURNMENT: COUNTING THE HOURS!

781 BILLS, AND 254 RESOLUTIONS WITH MORE TO COME

This list profiles the significant environmental, conservation, consumer and general government bills that are being tracked by the Council during the 2003 session. It will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.

Louisville Neighborhoods

Web Site Development Services byCommunicas: Strategy, Communications and Brokering for Sustainable Development

For problems or questions regarding this web contact [LouNeigh@louisvilleneighborhoods.org]. Last updated: November 29, 2003.

Web Site Development Services by
Communicas: Strategy, Communications and Brokering for Sustainable Development

For problems or questions regarding this web contact [LouNeigh@louisvilleneighborhoods.org].
Last updated: November 29, 2003.