Kentucky House Bill 535 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 2-0)
Status: Introduced on February 22 2021 - 25% progression, died in committee
Action: 2021-03-01 - recommitted to Appropriations & Revenue (H)
Pending: House Appropriations and Revenue Committee
Text: Latest bill text (Introduced) [PDF]

Create new sections of KRS chapter 150 to define "compensatory mitigation," "compensatory mitigation project," "compensatory mitigation site," "DA permit," "mitigation credit," " in-lieu fee program," "in-lieu fee program instrument," "mitigation bank," "mitigation credit," "service area," and "mitigation liability"; re-establish the Kentucky Wetland and Stream Mitigation Fund in a newly created section; require funds representing an unsatisfied liability under the 2008 Mitigation Rule issued by the Department of Army to be put out for contract under KRS Chapter 45A; require the Department of Fish and Wildlife Resources to make a report to the LRC that describes the in-lieu fee program and unsatisfied liabilities in service areas by December 1 of each year; allow the state to hold a permanent easement in lands acquired by it or proposed to it by a mitigation bank; require entities to have financial surety; amend KRS 150.255 to specify how governmental and nongovernmental agencies satisfy compensatory mitigation; stipulate that when the unsatisfied mitigation liability reaches 2 million dollars the in-lieu fee program shall purchase credits or issue an RFP for a commodity purchase; specify the procurement for full-delivery and the actions for mitigation on the site under the full-delivery approach; allow for compensatory mitigation to be a capitol construction project with the Commonwealth holding a conservation easement or some other environmental covenant or restriction; identify requirements for responsive bidders; APPROPRIATION.

AN ACT relating to stream and wetland mitigation and making an appropriation therefor.

Rep. Sal Santoro [R]

Rep. Daniel Fister [R]

Date	Chamber	Action
2021-03-01	House	recommitted to Appropriations & Revenue (H)
2021-02-26	House	2nd reading, to Rules
2021-02-25	House	reported favorably, 1st reading, to Calendar
2021-02-23	House	posted in committee
2021-02-23	House	to Natural Resources & Energy (H)
2021-02-22	House	to Committee on Committees (H)
2021-02-22	House	introduced in House

Type	Source
Summary	https://apps.legislature.ky.gov/record/21RS/hb535.html
Text	https://apps.legislature.ky.gov/recorddocuments/bill/21RS/hb535/orig_bill.pdf
Supplement	https://apps.legislature.ky.gov/recorddocuments/note/21RS/hb535/FN.pdf