Kentucky Senate Bill 226 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on March 29 2023 - 100% progression
Action: 2023-03-29 - delivered to Secretary of State (Acts Ch. 138)
Text: Latest bill text (Chaptered) [PDF]

Create a new section of Subchapter 16 of KRS Chapter 224 to require the Energy and Environment Cabinet, when issuing permits under the Clean Water Act for discharges into outstanding state resource waters, to presume that water quality will be maintained if the permittee complies with technology-based effluent limitations for its industry or with species-specific protection measures imposed on its operations by another state or federal agency, give substantial weight to evidence that discharges from similar operations have not impacted the same or similar threatened or endangered species, not impose conditions that are more stringent than United States Fish and Wildlife Service requirements to protect a threatened or endangered aquatic organism or habitat, presume that compliance with numeric water quality standards applicable to the discharge shall constitute compliance with narrative water quality standards applicable to outstanding state resources waters that support threatened or endangered species; require the Energy and Environment Cabinet to clearly document its compliance with the requirements of the section in the fact sheet for the permit; provide that failure to clearly and adequately document compliance with the requirements of the section shall result in a stay in permit conditions for permits based on a narrative water quality standard for an outstanding state resource water upon the filing of a petition for an administrative hearing; amend KRS 224.10-225 to allow an applicant for a surface coal mining and reclamation operation to request for one stop shopping for environmental permits; provide that failure of the Energy and Environment Cabinet to adhere to the timelines for Clean Water Act permitting issuances shall constitute the making of a final determination, which shall allow the applicant to initiate an action in the Circuit Court for the county where the surface coal mining and reclamation operation is located or initiate an administrative hearing; define surface coal mining operations; amend KRS 224.16-050 to require the Energy and Environment Cabinet, when making a Clean Water Act Section 401 certification, to notify an applicant within 30 days of receiving an application if the application is incomplete; provide that if the application is incomplete, allow the applicant an additional 30 days to complete the application; provide that after receiving a complete application, the Energy and Environment Cabinet shall make a certification determination within 60 days; provide that if the certification determination is not made within 60 days, then the certification requirements are waived unless a time extension is otherwise agreed upon; provide that Clean Water Act Section 401 certifications shall be limited to water quality impacts from the discharge only; strike the requirement that the Governor must make a finding that the permitted activity would be in the best interests of the Commonwealth before the Energy and Environment Cabinet could engage in permitting and certification for the activity; prohibit the Energy and Environment Cabinet from delaying the issuance of a Clean Water Act permit based on the need or receipt of any other federal, state, or local permit or certification.

AN ACT relating to environmental permitting.

Sen. Johnnie Turner [R]

2023-03-29 - Senate - Senate: Motion to move the previous question RSN# 2735 (Y: 31 N: 6 NV: 0 Abs: 0) [PASS]
2023-03-29 - House - House: Veto Override RCS# 345 (Y: 79 N: 18 NV: 0 Abs: 3) [PASS]
2023-03-29 - Senate - Senate: Third Reading RSN# 2736 (Y: 31 N: 6 NV: 0 Abs: 0) [PASS]
2023-03-13 - House - House: Third Reading RCS# 223 (Y: 78 N: 20 NV: 0 Abs: 2) [PASS]
2023-03-07 - Senate - Senate: Third Reading RSN# 2553 (Y: 30 N: 6 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2023-03-29	House	delivered to Secretary of State (Acts Ch. 138)
2023-03-29	House	enrolled, signed by Speaker of the House
2023-03-29	House	enrolled, signed by President of the Senate
2023-03-29	House	received in Senate
2023-03-29	Senate	passed 79-18
2023-03-29	Senate	veto overridden
2023-03-29	Senate	posted for passage for consideration of Governor's veto
2023-03-29	Senate	taken from Rules
2023-03-29	Senate	to Rules (H)
2023-03-29	Senate	received in House
2023-03-29	House	passed 31 -6
2023-03-29	House	veto overridden
2023-03-29	House	posted for passage for consideration of Governor's veto
2023-03-29	House	to Rules (S)
2023-03-29	House	received in Senate
2023-03-24	Senate	Vetoed
2023-03-14	Senate	delivered to Governor
2023-03-14	Senate	enrolled, signed by Speaker of the House
2023-03-14	Senate	enrolled, signed by President of the Senate
2023-03-14	Senate	received in Senate
2023-03-13	House	3rd reading, passed 78-20
2023-03-10	House	posted for passage in the Regular Orders of the Day for Monday, March 13, 2023
2023-03-10	House	2nd reading, to Rules
2023-03-09	House	reported favorably, 1st reading, to Calendar
2023-03-08	House	to Natural Resources & Energy (H)
2023-03-07	House	to Committee on Committees (H)
2023-03-07	House	received in House
2023-03-07	Senate	3rd reading, passed 30-6
2023-03-03	Senate	posted for passage in the Regular Orders of the Day for Tuesday, March 07, 2023
2023-03-02	Senate	2nd reading, to Rules
2023-03-01	Senate	reported favorably, 1st reading, to Calendar
2023-02-23	Senate	to Natural Resources & Energy (S)
2023-02-21	Senate	to Committee on Committees (S)
2023-02-21	Senate	introduced in Senate

Type	Source
Summary	https://apps.legislature.ky.gov/record/23RS/sb226.html
Text	https://apps.legislature.ky.gov/recorddocuments/bill/23RS/sb226/orig_bill.pdf
Text	https://apps.legislature.ky.gov/recorddocuments/bill/23RS/sb226/bill.pdf
Text	https://apps.legislature.ky.gov/law/acts/23RS/documents/0138.pdf
Roll Call	https://apps.legislature.ky.gov/record/23RS/sb226/vote_history.pdf