Kentucky 2023 Regular Session Status: Enacted

SB 263 — AN ACT relating to the regionalization of public water and wastewater systems.

Last action — signed by Governor (Acts Ch. 179)

  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 2 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

Amend KRS 224A.011 to define "asset management plan" and "merger"; amend KRS 224A.300 to clarify the goal of offering secure water and adding managerial and technical resources as needed resources for the improvement of infrastructure for the security and safety of water systems; require the Energy and Environment cabinet to provide technical support to the Kentucky Infrastructure Authority; amend KRS 224A.302 to make technical corrections; amend KRS 224.304 to rename an account in the infrastructure revolving fund and add to the purpose of the account to encourage regionalization, merger and consolidation of water and wastewater systems; amend KRS 224A.306 to make technical corrections, delete the requirement for one governmental agency water system be a partner in the merger, or consolidation; amend KRS 224A.308 to require the Kentucky Infrastructure Authority to help water systems develop or maintain asset management plans; amend KRS 224A.310 to conform and add wastewater to an incentive program targeting water systems with high debt and other problems; amend KRS 224A.312 to conform and make technical corrections; amend KRS 224A.316 to identify resiliency as a goal for the water systems and upgrade systems to prevent inflow and infiltration; give priority to funding projects that are regional; amend KRS 224A.318 to make technical corrections; amend KRS 151.603 to establish planning cycles in 5 year increments beginning in 2025; amend KRS 151.601 and 151.605 to make technical corrections; amend KRS 151.607 to make technical corrections and clarify projects that are regional have priority ranking and the goals are to consolidate or merge management and operations; repeal KRS 224A.314, relating to the study of water resource potential.

Bill Text

What changed in the latest version

429 added · 584 removed

429 line(s) added, 584 removed.

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UNOFFICIAL COPY 23 RS SB 263/GA AN ACT relating to the regionalization of public water and wastewater systems.
CHAPTER 179 1 CHAPTER 179 ( SB 263 ) AN ACT relating to the regionalization of public water and wastewater systems.
and Page 1 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA (f) An analysis of customer rates necessary to support the asset management plan, including emergency repairs;
and (f) An analysis of customer rates necessary to support the asset management plan, including emergency repairs;
(f) The proceeds of bonds or long-term debt obligations of governmental agencies pledged to the payment of bond anticipation notes issued by the authority on behalf of the said governmental agency to provide interim Page 2 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA construction financing;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (f) The proceeds of bonds or long-term debt obligations of governmental agencies pledged to the payment of bond anticipation notes issued by the authority on behalf of the said governmental agency to provide interim construction financing;
(a) Preliminary planning to determine the economic and engineering feasibility of Page 3 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA infrastructure projects, the engineering, architectural, legal, fiscal, and economic investigations, and studies necessary thereto, and surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary to the construction of infrastructure or solid waste projects;
(a) Preliminary planning to determine the economic and engineering feasibility of infrastructure projects, the engineering, architectural, legal, fiscal, and economic investigations, and studies necessary thereto, and surveys, designs, plans, working drawings, specifications, procedures, and other actions necessary to the construction of infrastructure or solid waste projects;
1251 et Page 4 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA seq.) as said federal act may be amended from time to time in the future, or any other enactment of the United States Congress providing funds that may assist in carrying out the purposes of the authority;
1251 et seq.) as said federal act may be amended from time to time in the future, or any other enactment of the United States Congress providing funds that may assist in carrying out the purposes of the authority;
(20)[(19)] "Federally assisted wastewater revolving fund" means that fund which will receive federal and state funds or the proceeds from the sale of revenue bonds of the authority for the purpose of providing loans to finance construction of publicly owned treatment works as defined in Section 212 of the federal act and for the implementation of a management program established under Section 319 of the federal act and for the development and implementation of a conservation and management plan under Section 320 of the federal act;
(20)[(19)] "Federally assisted wastewater revolving fund" means that fund which will receive federal and state funds or the proceeds from the sale of revenue bonds of the authority for the purpose of providing loans to finance construction of publicly owned treatment works as defined in Section 212 of the federal act and for the CHAPTER 179 3 implementation of a management program established under Section 319 of the federal act and for the development and implementation of a conservation and management plan under Section 320 of the federal act;
(22)[(21)] "Industrial waste" means any liquid, gaseous, or solid waste substances resulting from any process of industry, manufacture, trade, or business, or from the mining or taking, development, processing, or recovery of any natural resources, Page 5 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA including heat and radioactivity, together with any sewage as is present therein, which pollutes the waters of the state, and specifically, but not by way of limitation, means heat or thermal differentials created in the waters of the state by any industrial processing, generating, or manufacturing processes;
(22)[(21)] "Industrial waste" means any liquid, gaseous, or solid waste substances resulting from any process of industry, manufacture, trade, or business, or from the mining or taking, development, processing, or recovery of any natural resources, including heat and radioactivity, together with any sewage as is present therein, which pollutes the waters of the state, and specifically, but not by way of limitation, means heat or thermal differentials created in the waters of the state by any industrial processing, generating, or manufacturing processes;
Page 6 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA Merger does not require a physical connection to be established;
Merger does not require a physical connection to be established;
(32)[(30)] "Prioritization schedules" means the list of wastewater treatment works, distribution facilities and water resources projects which the Energy and Environment Cabinet has evaluated and determined to be of priority for receiving financial assistance from the federally assisted wastewater revolving fund and the federally assisted drinking water revolving fund, or the list of infrastructure projects which the authority has evaluated and determined to be of priority for receiving financial aid from the infrastructure revolving fund.
(32)[(30)] "Prioritization schedules" means the list of wastewater treatment works, distribution facilities and water resources projects which the Energy and Environment Cabinet has evaluated and determined to be of priority for receiving financial assistance from the federally assisted wastewater revolving fund and the federally assisted drinking water revolving fund, or the list of infrastructure projects which the authority has evaluated Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY and determined to be of priority for receiving financial aid from the infrastructure revolving fund.
(33)[(31)] "Recovered material" means those materials which have known current use, reuse, or recycling potential, which can be feasibly used, reused, or recycled, and which have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing but does not include materials diverted or removed for purposes of energy recovery Page 7 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA or combustion except refuse-derived fuel (RDF), which shall be credited as a recovered material in an amount equal to that percentage of the municipal solid waste received on a daily basis at the processing facility and processed into RDF;
(33)[(31)] "Recovered material" means those materials which have known current use, reuse, or recycling potential, which can be feasibly used, reused, or recycled, and which have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing but does not include materials diverted or removed for purposes of energy recovery or combustion except refuse-derived fuel (RDF), which shall be credited as a recovered material in an amount equal to that percentage of the municipal solid waste received on a daily basis at the processing facility and processed into RDF;
(40)[(38)] "Solid waste facility" means any facility for collection, handling, storage, transportation, transfer, processing, treatment, or disposal of solid waste, whether the facility is associated with facilities generating the waste or otherwise, but does Page 8 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA not include a container located on property where the waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility;
(40)[(38)] "Solid waste facility" means any facility for collection, handling, storage, transportation, transfer, processing, treatment, or disposal of solid waste, whether the facility is associated with facilities generating the waste or otherwise, but does not include a container located on property where the waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility;
(46)[(44)] "Underserved area" means any project area where broadband service with a Page 9 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA minimum one hundred (100) megabits per second downstream and twenty (20) megabits per second upstream is not available;
(46)[(44)] "Underserved area" means any project area where broadband service with a minimum one hundred (100) megabits per second downstream and twenty (20) megabits per second upstream is not available;
(47)[(45)] "Unserved area" means any project area where broadband service with a minimum twenty-five (25) megabits per second downstream and three (3) megabits per second upstream is not available;
CHAPTER 179 5 (47)[(45)] "Unserved area" means any project area where broadband service with a minimum twenty-five (25) megabits per second downstream and three (3) megabits per second upstream is not available;
and (53)[(51)] "Waters of the state" means all streams, lakes, watercourses, waterways, ponds, marshes, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, Page 10 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural, surface, or underground waters.
and (53)[(51)] "Waters of the state" means all streams, lakes, watercourses, waterways, ponds, marshes, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural, surface, or underground waters.
(4) The authority shall promulgate administrative regulations that require a water Page 11 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA supply and distribution system receiving or seeking funding to provide current information regarding the financial, managerial, and technical aspects of its system and, thereafter, to furnish updates to the information so provided.
(4) The authority shall promulgate administrative regulations that require a water supply and distribution system receiving or seeking funding to provide current information regarding the financial, managerial, and technical aspects of its system and, thereafter, to furnish updates to the information so provided.
Section 4.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 4.
(1) The authority shall require the following as conditions for receiving assistance from any fund administered by the authority for infrastructure projects related to water Page 12 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA and wastewater service:
(1) The authority shall require the following as conditions for receiving assistance from any fund administered by the authority for infrastructure projects related to water and wastewater service:
Page 13 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA Section 6.
Section 6.
(1) The authority shall establish an incentive program that allocates funds from the water and wastewater service regionalization account[2020 water service account in a manner] that encourages the regionalization, merger, and consolidation of water and wastewater systems and elimination of structural and administrative duplication.
(1) The authority shall establish an incentive program that allocates funds from the water and wastewater service regionalization account[2020 water service account in a manner] that encourages the regionalization, merger, and consolidation of water and wastewater systems and elimination of structural and administrative CHAPTER 179 7 duplication.
(2) The incentive program shall target water and wastewater systems that have high debt, inadequate operational and maintenance resources, high maintenance costs, Page 14 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA old and inadequately maintained treatment works, a history of violations of the Division of Water's statutes and administrative regulations due to inadequate operational and maintenance resources, or insufficient financial resources to extend system service to unserved or underserved areas.
(2) The incentive program shall target water and wastewater systems that have high debt, inadequate operational and maintenance resources, high maintenance costs, old and inadequately maintained treatment works, a history of violations of the Division of Water's statutes and administrative regulations due to inadequate operational and maintenance resources, or insufficient financial resources to extend system service to unserved or underserved areas.
(b) Conserve, protect, and maximize the resources needed to offer drinking water Page 15 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA and wastewater systems and services;
(b) Conserve, protect, and maximize the resources needed to offer drinking water and wastewater systems and services;
(3) The authority shall give priority for projects that are regional in nature and Page 16 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA achieve the purposes set out in Section 2 of this Act.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) The authority shall give priority for projects that are regional in nature and achieve the purposes set out in Section 2 of this Act.
(4) Members of the[ 2020] water management planning councils shall serve without pay but may be reimbursed by counties or appointing agencies for reasonable Page 17 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA expenses incurred to carry out the work of the councils.
(4) Members of the[ 2020] water management planning councils shall serve without pay but may be reimbursed by counties or appointing agencies for reasonable expenses incurred to carry out the work of the councils.
Page 18 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA (1) The[ 2020] water management planning councils or multicounty planning councils may employ a water service coordinator.
(1) The[ 2020] water management planning councils or multicounty planning councils may employ a water service coordinator.
(2) The Kentucky Infrastructure Authority may establish by administrative regulations a program to provide or supplement funding for a multicounty planning council water service coordinator for a period of three (3) years from July 14, 2000.
CHAPTER 179 9 (2) The Kentucky Infrastructure Authority may establish by administrative regulations a program to provide or supplement funding for a multicounty planning council water service coordinator for a period of three (3) years from July 14, 2000.
Page 19 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA UNOFFICIAL COPY 23 RS SB 263/GA (a) The current and potential customer base that would benefit from water service;
(a) The current and potential customer base that would benefit from water service;
Page 20 of 20 SB026310.100 - 1715 - XXXX 3/10/2023 11:36 AM GA
Signed by Governor April 6, 2023.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 179)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 97-0

  7. placed in the Orders of the Day

  8. taken from Rules

  9. reported favorably, to Rules

  10. to Natural Resources & Energy (H)

  11. returned to Committee on Committees (H)

  12. 2nd reading

  13. taken from Committee on Committees (H)

  14. returned to Committee on Committees (H)

  15. 1st reading

  16. taken from Committee on Committees (H)

  17. to Committee on Committees (H)

  18. received in House

  19. 3rd reading, passed 34 -0 with Floor Amendment (1)

  20. taken from the Consent Orders of the Day, placed in the Regular Orders of the Day

  21. posted for passage in the Consent Orders of the Day for Friday, March 10, 2023

  22. floor amendment (1) filed

  23. 2nd reading, to Rules as a consent bill

  24. reported favorably, 1st reading, to Consent Calendar

  25. reassigned to State & Local Government (S)

  26. to Natural Resources & Energy (S)

  27. to Committee on Committees (S)

  28. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

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

Final Passage

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 14000
Unaffiliated 19001
Republican 64002
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Dixon — Yea
Smith — Yea
Nemes — Yea
Bentley — Yea
Palumbo — Yea
Swann — Yea
Justice — Yea
Pratt — Yea
Thomas — Yea
Bratcher S. — Yea
Timoney — Yea
Raymond — Yea
Webber — Yea
Graham — Yea
Williams — Yea
Heath — Yea
Meredith — Yea
Wilson — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
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 Not Voting
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 Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Not Voting

Official roll call →

PASS SB 263 W/ sfa1

Passed 34 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 2000
Republican 19002
Unaffiliated 13001
Total 34003
% of votes cast 92%0%0%8%
How each member voted (37)
Member Party Vote
Nemes — Yea
Turner — Yea
Schickel — Yea
Westerfield — Yea
Southworth — Yea
ChambersArmstrong — Yea
Williams — Yea
Wilson — Yea
Meredith — Yea
Thayer — Yea
Thomas — Yea
Yates — Yea
Smith — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
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 Not Voting
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Not Voting

Official roll call →

Subjects

public-safety 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 263 do?
Amend KRS 224A.011 to define "asset management plan" and "merger"; amend KRS 224A.300 to clarify the goal of offering secure water and adding managerial and technical resources as needed resources for the improvement of infrastructure for the security and safety of water systems; require the Energy and Environment cabinet to provide technical support to the Kentucky Infrastructure Authority; amend KRS 224A.302 to make technical corrections; amend KRS 224.304 to rename an account in the infrastructure revolving fund and add to the purpose of the account to encourage regionalization, merger and consolidation of water and wastewater systems; amend KRS 224A.306 to make technical corrections, delete the requirement for one governmental agency water system be a partner in the merger, or consolidation; amend KRS 224A.308 to require the Kentucky Infrastructure Authority to help water systems develop or maintain asset management plans; amend KRS 224A.310 to conform and add wastewater to an incentive program targeting water systems with high debt and other problems; amend KRS 224A.312 to conform and make technical corrections; amend KRS 224A.316 to identify resiliency as a goal for the water systems and upgrade systems to prevent inflow and infiltration; give priority to funding projects that are regional; amend KRS 224A.318 to make technical corrections; amend KRS 151.603 to establish planning cycles in 5 year increments beginning in 2025; amend KRS 151.601 and 151.605 to make technical corrections; amend KRS 151.607 to make technical corrections and clarify projects that are regional have priority ranking and the goals are to consolidate or merge management and operations; repeal KRS 224A.314, relating to the study of water resource potential.
What is the current status of SB 263?
This bill has been enacted into law. Introduced February 21, 2023. Enacted.
Where can I track SB 263?
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