Kentucky 2023 Regular Session Status: Enacted

SB 226 — AN ACT relating to environmental permitting.

Last action — delivered to Secretary of State (Acts Ch. 138)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

132 added · 177 removed

132 line(s) added, 177 removed.

→
Previous
Latest
UNOFFICIAL COPY 23 RS SB 226/VO AN ACT relating to environmental permitting.
CHAPTER 138 1 CHAPTER 138 ( SB 226 ) AN ACT relating to environmental permitting.
and (d) In the absence of any restrictions, conditions, or limitations imposed on the Page 1 of 6 SB022690.100 - 437 - XXXX 3/29/2023 4:02 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS SB 226/VO discharge by the United States Fish and Wildlife Service, presume that compliance with numeric water quality standards applicable to the discharge shall constitute compliance with narrative water quality standards applicable to outstanding state resource waters that support federally recognized threatened or endangered species.
and (d) In the absence of any restrictions, conditions, or limitations imposed on the discharge by the United States Fish and Wildlife Service, presume that compliance with numeric water quality standards applicable to the discharge shall constitute compliance with narrative water quality standards applicable to outstanding state resource waters that support federally recognized threatened or endangered species.
Notwithstanding KRS 224.10-420(2), failure by the cabinet to Page 2 of 6 SB022690.100 - 437 - XXXX 3/29/2023 4:02 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS SB 226/VO adhere to the time periods established pursuant to this section or established by administrative regulations promulgated pursuant to KRS 224.10-220 shall constitute the making of a final determination of the cabinet, and the applicant, at its election, may:
Notwithstanding KRS 224.10-420(2), failure by the cabinet to adhere to the time periods established pursuant to this section or established by administrative regulations promulgated pursuant to KRS 224.10- shall constitute the making of a final determination of the cabinet, and the applicant, at its election, may:
(a) Initiate an action for mandamus, declaratory judgment, or other specific relief in the Circuit Court for the county in which the surface coal mining and reclamation operation is located;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Initiate an action for mandamus, declaratory judgment, or other specific relief in the Circuit Court for the county in which the surface coal mining and reclamation operation is located;
1341 as to whether[that] applicants for a federal permit for the construction or operation of facilities which may result in a discharge into the Page 3 of 6 SB022690.100 - 437 - XXXX 3/29/2023 4:02 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS SB 226/VO waters of the Commonwealth will comply with the applicable provisions of the federal Water Pollution Control Act, [(]33 U.S.C.
1341 as to whether[that] applicants for a federal permit for the construction or operation of facilities which may result in a discharge into the waters of the Commonwealth will comply with the applicable provisions of the federal Water Pollution Control Act, [(]33 U.S.C.
(3) The certification provided under subsection (2) of this section shall be limited in scope to water quality impacts from the discharge only and shall not include other limitations or constitute a review of the proposed activity as a whole[The cabinet shall not undertake either of the actions authorized in subsections (1) or (2) of this section unless the Governor of the Commonwealth has determined that such Page 4 of 6 SB022690.100 - 437 - XXXX 3/29/2023 4:02 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS SB 226/VO activity will be in the best interests of the environment and the people of the Commonwealth].
(3) The certification provided under subsection (2) of this section shall be limited in scope to water quality impacts from the discharge only and shall not include other limitations or constitute a review of the proposed activity as a whole[The cabinet shall not undertake either of the actions authorized in subsections (1) or (2) of this section unless the Governor of the Commonwealth has determined that such activity will be in the best interests of the environment and the people of the Commonwealth].
This subsection shall not apply to any school or waterworks owned by a water district, water association, or municipality and established pursuant to KRS Chapters 74 or 106.
This subsection shall not apply to any school or CHAPTER 138 3 waterworks owned by a water district, water association, or municipality and established pursuant to KRS Chapters 74 or 106.
(b) For the purpose of maintenance, including emergency reconstruction of Page 5 of 6 SB022690.100 - 437 - XXXX 3/29/2023 4:02 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS SB 226/VO recently damaged parts of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures;
(b) For the purpose of maintenance, including emergency reconstruction of recently damaged parts of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures;
(7) Prior to assuming delegated authority from the United States Environmental Protection Agency to administer 33 U.S.C.
(7) Prior to assuming delegated authority from the United States Environmental Protection Agency to administer U.S.C.
Page 6 of 6 SB022690.100 - 437 - XXXX 3/29/2023 4:02 PM Vetoed and Overriden
Veto Overridden March 29, 2023.
Legislative Research Commission PDF Version
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Action History

  1. delivered to Secretary of State (Acts Ch. 138)

  2. enrolled, signed by Speaker of the House

  3. enrolled, signed by President of the Senate

  4. received in Senate

  5. passed 79-18

  6. veto overridden

  7. posted for passage for consideration of Governor's veto

  8. taken from Rules

  9. to Rules (H)

  10. received in House

  11. passed 31 -6

  12. veto overridden

  13. posted for passage for consideration of Governor's veto

  14. to Rules (S)

  15. received in Senate

  16. Vetoed

  17. delivered to Governor

  18. enrolled, signed by Speaker of the House

  19. enrolled, signed by President of the Senate

  20. received in Senate

  21. 3rd reading, passed 78-20

  22. posted for passage in the Regular Orders of the Day for Monday, March 13, 2023

  23. 2nd reading, to Rules

  24. reported favorably, 1st reading, to Calendar

  25. to Natural Resources & Energy (H)

  26. to Committee on Committees (H)

  27. received in House

  28. 3rd reading, passed 30-6

  29. posted for passage in the Regular Orders of the Day for Tuesday, March 07, 2023

  30. 2nd reading, to Rules

  31. reported favorably, 1st reading, to Calendar

  32. to Natural Resources & Energy (S)

  33. to Committee on Committees (S)

  34. introduced in Senate

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 138 not signed on · 19 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion to move the previous question on SB 226

Passed 31 Yea · 6 Nay
Party YeaNayPresentNot Voting
Republican 21000
Unaffiliated 10400
Democrat 0200
Total 31600
% of votes cast 84%16%0%0%
How each member voted (37)
Member Party Vote
Schickel — Yea
Smith — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Williams — Yea
Thayer — Yea
Wilson — Yea
Nemes — Yea
Turner — Yea
Thomas — Nay
Yates — Nay
ChambersArmstrong — Nay
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Veto Override Final Passage SB 226

Passed 31 Yea · 6 Nay
Party YeaNayPresentNot Voting
Republican 21000
Unaffiliated 10400
Democrat 0200
Total 31600
% of votes cast 84%16%0%0%
How each member voted (37)
Member Party Vote
Schickel — Yea
Smith — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Williams — Yea
Thayer — Yea
Wilson — Yea
Nemes — Yea
Turner — Yea
Thomas — Nay
Yates — Nay
ChambersArmstrong — Nay
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Veto Override

Passed 79 Yea · 18 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 64101
Unaffiliated 14501
Democrat 11201
Total 791803
% of votes cast 79%18%0%3%
How each member voted (100)
Member Party Vote
Dixon — Yea
Meredith — Yea
Smith — Yea
Bentley — Yea
Justice — Yea
Nemes — Yea
Thomas — Yea
Timoney — Yea
Bratcher S. — Yea
Pratt — Yea
Webber — Yea
Williams — Yea
Heath — Yea
Swann — Nay
Graham — Nay
Palumbo — Nay
Raymond — Nay
Wilson — Not Voting
Bratcher K. — Yea
Stevenson C — Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Not Voting
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Not Voting
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Final Passage

Passed 78 Yea · 20 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 64200
Unaffiliated 14501
Democrat 01301
Total 782002
% of votes cast 78%20%0%2%
How each member voted (100)
Member Party Vote
Meredith — Yea
Bentley — Yea
Smith — Yea
Justice — Yea
Nemes — Yea
Thomas — Yea
Timoney — Yea
Bratcher K. — Yea
Bratcher S. — Yea
Pratt — Yea
Webber — Yea
Williams — Yea
Wilson — Yea
Dixon — Yea
Raymond — Nay
Swann — Nay
Graham — Nay
Palumbo — Nay
Heath — Not Voting
Stevenson C — Nay
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Nay
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 226

Passed 30 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 20001
Unaffiliated 10400
Democrat 0200
Total 30601
% of votes cast 81%16%0%3%
How each member voted (37)
Member Party Vote
Smith — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Thayer — Yea
Williams — Yea
Wilson — Yea
Nemes — Yea
Turner — Yea
Schickel — Yea
Thomas — Nay
Yates — Nay
ChambersArmstrong — Nay
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Not Voting
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 226 do?
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.
What is the current status of SB 226?
This bill has been enacted into law. Introduced February 21, 2023. Enacted.
Where can I track SB 226?
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