KCC Action Alerts
Take Action On These Issues:
Draft Regional Haze SIP Available for Public Comment Now through July 11- Information on how to comment below
[Want to comment?? See talking points from the National Parks Conservation Assoc. HERE]
[See opinion piece in the July 1 edition of the Courier-Journal HERE]
Millions of people visit our national parks and wilderness areas each year to see some of the most awe-inspiring views in the world. But over the decades, haze – from coal-fired power plants, cars and trucks, oil and gas development and operations, and other industrial sources – has degraded visibility and harmed people’s health in our national parks and local communities.
In Kentucky, those places include Mammoth Cave National Park, one of the most haze-polluted national parks in the country according to an analysis from the National Parks Conservation association.
Through the Clean Air Act’s Regional Haze Rule, Kentucky has a chance to improve air quality state-wide. The Kentucky Division for Air Quality is over three years late in proposing a plan detailing how it will reduce haze pollution in certain protected wilderness areas and national parks like Mammoth Cave.
The Kentucky Energy and Environment Cabinet will conduct a virtual public hearing on July 11, 2024 at 10:00 a.m. (Eastern Time). This hearing will be held to receive comments on the draft Regional Haze State Implementation Plan (SIP) for Kentucky’s Class I area (Mammoth Cave National Park) for the Second Planning Period (2019-2028). Written comments will also be accepted -see details here on where to send comments.
While most haze pollution does not originate in national parks, it can travel hundreds of miles from its source, thereby affecting parks and nearby communities. In fact, 97% of parks suffer from significant or unsatisfactory levels of harm from air pollution, and on average, park visitors miss out on 50 miles of scenery because of haze — a distance equal to the length of Rhode Island.
A 2018 study found that air pollution in some of our most iconic national parks is comparable with densely populated cities like Los Angeles and Houston.
The study’s key findings show that between 1990 and 2014, average ozone levels in the parks were indistinguishable from levels in the United States’ 20 largest metro areas.
The study also found that park visitation drops by at least eight percent when ozone pollution is high — a clear indicator that air quality is a critical issue for the public and directly impacts their use and enjoyment of our national parks.
Full Notice from the Energy and Environment Cabinet:
The Kentucky Energy and Environment Cabinet (Cabinet) hereby gives notice regarding its pre-hearing draft of the Regional Haze State Implementation Plan (SIP) for Kentucky’s Class I area (Mammoth Cave National Park) for the Second Planning Period (2019-2028). This pre-hearing draft SIP was prepared in accordance with the Federal Regional Haze Rule provisions specified in 40 CFR 51.308(f) and the U.S. Environmental Protection Agency’s guidance for implementing the rule to comply with Section 169 of the Clean Air Act, as amended in 1990. On August 9, 2022, the Cabinet submitted the draft plan to Federal Land Managers (FLMs) from the U.S. Fish & Wildlife Service, National Park Service, and U.S. Forest Service. Comments from the U.S. Forest Service and National Park Service were received on October 10, 2022 and October 11, 2022, respectively. These comments are being made available to the public as part of the prehearing submittal. The FLM’s comments and the Cabinet’s responses are located in Appendix H.
In accordance with 40 CFR 51.102, the Cabinet is making this proposed plan available for public inspection and provides the opportunity for public comment. The public comment period will be open from June 4, 2024 through July 11, 2024, and the Cabinet has scheduled a virtual public hearing to receive comments on July 11, 2024 at 10 AM. Visit the Public Notices page for complete details on how to register for the public hearing and provide public comment.
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You may take action on any bills on our House and Senate lists, however the bills highlighted below are ones we have identified for special attention for immediate action.
Call Kentucky’s Legislative Message Line:
1-800-372-7181
The line is open from 7AM-9PM Monday through Thursday and 7AM-6PM on Fridays. You may leave a message for any lawmaker or committee through this message line. You may also email individual lawmakers by firstname.lastname@lrc.ky.gov or by using this link to a full email directory.
Bills for action: March 27, 2024
ALERT!! ALERT!! ALERT!! This bill is posted for passage TODAY
Senate Bill 349 (Strong Oppose) is an effort to slow the retirement of aging coal power plants. Senate Bill 349 is a multi-layered, obstructionist, “coal protection bill” that creates hurdles to preserve outdated, polluting and uneconomical coal generation. The bill creates an additional "Energy Planning and Inventory Commission" (EPIC) where utilities would not be allowed to file retirement requests with the Public Service Commission without first going through a lengthy review by EPIC.
The Kentucky Lantern reports that lobbying groups such as Dependable Power Kentucky— affiliated with coal interests, are backing this bill.
However, the Kentucky Energy and Environment Cabinet states that the cost for this additional layer of bureaucracy could cost $1.5 million annually, and while the focus on the bill is generation adequacy, the bill does not address operational reliability.
The bottom line is that this bill interferes with the Public Service Commission's ability to protect consumers and keep rates low. Call the Legislative Message Line at 1-800-372-7181 and ask House members to "Oppose S.B. 349." And then ask “House Leadership” to not bring the bill for a vote.
Previous/Expired Alerts
Bills for action: March 15, 2024
ALERT! OPPOSE House Bill 581, that would impact local planning so that gas stations can be allowed any place that an EV charger is allowed (which is any public area with a charger plug!) is scheduled to pass the Senate at any time. Call the Legislative Message Line at 1-800-372-7181 as late as 9PM on Thursday and staring at 7AM on Friday and ask the SENATE to "OPPOSE HB581." This bill is an excessive reaction to Lexington passing an ordinance to limit an excess proliferation of gas stations in certain areas.
Senate Bill 349 (Strong Oppose) is an effort to slow the retirement of aging coal power plants. Senate Bill 349 is a multi-layered, obstructionist, “coal protection bill” that creates hurdles to preserve outdated, polluting and uneconomical coal generation. The bill creates an additional "Energy Planning and Inventory Commission" (EPIC) where utilities would not be allowed to file retirement requests with the Public Service Commission without first going through a lengthy review by EPIC.
The Kentucky Lantern reports that lobbying groups such as Dependable Power Kentucky— affiliated with coal interests, are backing this bill.
However, the Kentucky Energy and Environment Cabinet states that the cost for this additional layer of bureaucracy could cost $1.5 million annually, and while the focus on the bill is generation adequacy, the bill does not address operational reliability.
The bottom line is that this bill interferes with the Public Service Commission's ability to protect consumers and keep rates low. Call the Legislative Message Line at 1-800-372-7181 and ask House members to "Oppose S.B. 349."
Bills for action: March 13, 2024
Being Heard Today in the Senate Standing Committee on Natural Resources & Energy at 11AM:
Senate Bill 220 (Oppose) Williams Impacting utilities with combined electric and water systems. Applies to any local government agency that operates a combined electric and water system, but is meant for the Frankfort Plant Board. Among its provisions: Takes operational authority away from Board. Requires the combined plant board shall have independent appraisals prepared for the properties and associated services for all projects and operations undertaken that are unrelated to the provision of water or electric utility services. Requires the Public Service Commission to assist in the resolution of consumer complaints by customers of combined electric and water system boards and to review their rates at least once per year. The Frankfort Plant Board has raised additional concerns about the bill. The Senate Standing Committee on Natural Resources & Energy will be hearing this bill today at 11AM. Call the legislative message line at 1-800-372-7181 to oppose.
Being Heard Today in the Senate Standing Committee on State & Loc. Government at 11:30AM:
House Bill 581 (Oppose) Upchurch. Impacting where fuel stations are allowed. Prevents local governments from adopting zoning regulations that treat fossil fueling stations different from EV charging stations. Bill needs improvement, as an EV charging station, under the current definition, can include any typical 120 V outlet that the public can access. This is fundamentally a safety issue due to the hazardous materials in gas stations and should not be confused with the rights of EVs vs. Internal Combustion cars. The Senate Standing Committee on State and Local Government will be hearing this bill today at 11:30AM. Call the legislative message line at 1-800-372-7181 to oppose.
Bills for action: March 11-12, 2024
OPPOSE Senate Bill 349: Calls Needed through Monday-Tuesday 7AM- Senate Bill 349 is posted for passage in the Senate and could be heard as early as 4PM Monday. Contact ALL SENATORS on the legislative message line as early as 7AM - ask the Senate to oppose: 1-800-372-7181. The intent of Senate Bill 349 is to prevent or restrict the retirement of fossil fuel-fired electric generating resources, creating a new agency that regulated utilities say prioritizes a fuel source over reliability and affordability.
OPPOSE Senate Bill 16 (SCS 1) relating to Agriculture (“Ag Gag” bill) is an anti-transparency bill that is overly broad and will cause harmful intended and unintended consequences to workplace and public safety. The bill prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above animal feeding operations, concentrated animal feeding operations, or commercial food manufacturing or processing facilities without written consent of the owner or authorized representative of the facility. It establishes criminal liability for violations. Contact “All members of the House” and tell them to “Oppose Senate Bill 16”
Bills for action: March 4-5, 2024
OPPOSE Senate Bill 16 (SCS 1) relating to Agriculture (“Ag Gag” bill) is an anti-transparency bill that is overly broad and will cause harmful intended and unintended consequences to workplace and public safety. The bill prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above animal feeding operations, concentrated animal feeding operations, or commercial food manufacturing or processing facilities without written consent of the owner or authorized representative of the facility. It establishes criminal liability for violations. Contact the House Agriculture Committee and tell them to “Oppose Senate Bill 16”
ALERT! OPPOSE House Bill 581, that would impact local planning so that gas stations can be allowed any place that an EV charger is allowed (which is any public area with a charger plug!) is scheduled to pass the House at any time. Call the Legislative Message Line at 1-800-372-7181 as late as 9PM on Thursday and staring at 7AM on Friday and ask the SENATE to "OPPOSE HB581." This bill is an excessive reaction to Lexington passing an ordinance to limit an excess proliferation of gas stations in certain areas.
Bills That Need Support:
SUPPORT House Bill 130: A soil and water bill that establishes the procedure for the discontinuance of watershed conservancy district boards. Allows any soil and water conservation district or fiscal court where the watershed conservancy district lies to initiate the discontinuance if the watershed conservancy board fails to meet over the course of one year or longer or fails to adopt and fund a budget.
SUPPORT House Bill 418: Decreases the minimum number of acres to qualify as an agricultural district from 250 acres to 50 acres. Adds cities within one mile of the agricultural district to the list of entities to be notified of the proposal, approval, and withdrawal of property from an agricultural district. Allows a district board of supervisors to consider dissolution of an agricultural district if an owner's withdrawal of property results in the remaining land no longer qualifying as agricultural land.
Both these bill is in Senate Agriculture and they are meeting at 11AM on Tuesday, March 5. Contact that committee to “support.”
Bills for action: Feb. 29-March 1, 2024
ALERT! House Bill 581, that would impact local planning so that gas stations can be allowed any place that an EV charger is allowed (which is any public area with a charger plug!) is scheduled to pass the House on Friday March 1. Call the Legislative Message Line at 1-800-372-7181 as late as 9PM on Thursday and staring at 7AM on Friday and ask House members to "OPPOSE HB581." This bill is an excessive reaction to Lexington passing an ordinance to limit an excess proliferation of gas stations in certain areas.
More Bills for action:
Senate Bill 233 (S. West) Strong Oppose. Solar Siting Restrictions: Among other provisions, prohibits any merchant plant, IOU, co-op, or municipal utility from constructing a facility that generates electricity using solar energy if constructing the facility would result in more than 1% of the total land area of any county where the proposed construction is to be located being occupied by solar electric generating facilities.
ACT: This bill has not yet been assigned to a committee. Contact your Senator to oppose.
CONTINUE TO OPPOSE - "Ag Gag" has passed the Senate and is now in the House. Tell your Representative and “House Leadership” - "Oppose Senate Bill 16”.
Senate Bill 16 (SCS 1) is an anti-transparency bill that is overly broad and will cause harmful intended and unintended consequences to workplace and public safety. The bill prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above animal feeding operations, concentrated animal feeding operations, or commercial food manufacturing or processing facilities without written consent of the owner or authorized representative of the facility. It establishes criminal liability for violations.
While the law exempts the use of unmanned aircrafts by several parties, primarily government officials, law enforcement, emergency services, insurance personnel, and utilities, from criminal liability, it does not exempt these same parties from criminal liability for those that record or distribute, photographically, electronically, or otherwise, any part, procedure, or action of a key infrastructure asset.
The bill is overly broad, vague, and may potentially impose criminal liability for taking videos and photos at places like horse race tracks, bourbon distilleries, and coffee roasteries.
This bill will make it more difficult for employees and citizens from holding recalcitrant companies accountable for unlawful actions, and will make it more difficult for the public from being educated on where their food comes from.
ACT: Call the legislative message line at 1-800-372-7181 to OPPOSE this bill, and spread the word.
Bills for action: Feb. 23-27, 2024
House Bill 563 (Bray) (Oppose). Water and Wastewater. Administers the $150 million allocated to water and wastewater infrastructure improvements in HB 1. Establishes the Kentucky Water and Wastewater Assistance for Troubled or Economically Restrained Systems Program or "Kentucky WWATERS Program" to be administered in partnership between the Kentucky Infrastructure Authority and the Kentucky Rural Water Association (KRWA). KCC is concerned that a non-governmental body (KRWA) is going to administer these funds, while at the same time administering its own loan program to loan funds to these same water districts. These funds should be administered through a government agency without the same conflicts.
ACT: Contact House Appropriations & Revenue to Oppose.
Senate Bill 233 (S. West) Strong Oppose. Solar Siting Restrictions: Among other provisions, prohibits any merchant plant, IOU, co-op, or municipal utility from constructing a facility that generates electricity using solar energy if constructing the facility would result in more than 1% of the total land area of any county where the proposed construction is to be located being occupied by solar electric generating facilities.
ACT: This bill has not yet been assigned to a committee. Contact your Senator to oppose.
Senate Bill 183 (Armstrong) (Strong Support) Climate/Heat: Requires employers who provide services in agriculture, construction, landscaping, and transportation to maintain a written heat illness prevention plan informing employees of policies and procedures to be followed when an employee is suffering from a heat illness. Establishes penalties for violations. The bill is now in the Senate Economic Development & Tourism committee. ACT: Please call members of Senate Econ. Development committee to support!
House Bill 581, (Upchurch) Oppose. Filling Stations/EV Stations. One of the late bills we added to our list for the week was a bill relating to retail filling stations. The bill prevents local governments from adopting zoning regulations that treat fossil fueling stations different from EV charging stations. However, the bill needs improvement, as an EV charging station, under the current definition can include any typical 110 V outlet that the public can access. The bill was recently highlighted in a segment on WKYT featuring Rep. Upchurch and Mike Proctor from Evolve KY, a KCC partner group. We thank our partner groups for continuing to educate the public on the details of emerging issues like this.
ACT: House Bill 581 (Oppose) already has fourteen co-sponsors, but has not yet been assigned to a committee. Contact your Representative to oppose.
Previous/Expired Alerts
Bills for action: Feb. 19, 2024
CONTINUE TO OPPOSE - "Ag Gag" Bill Advances to the House.
Tell your Representative and “House Leadership” - "Oppose" Senate Bill 16. (The phone lines ARE open on President’s Day).
Senate Bill 16 (SCS 1) is an anti-transparency bill that is overly broad and will cause harmful intended and unintended consequences to workplace and public safety. The bill prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above animal feeding operations, concentrated animal feeding operations, or commercial food manufacturing or processing facilities without written consent of the owner or authorized representative of the facility. It establishes criminal liability for violations.
ACT: Call the legislative message line at 1-800-372-7181 starting at 7AM to OPPOSE this bill. (The Senate meets at 2PM)
Bills for action: Feb. 15, 2024
"Ag Gag" Bill Advances to the Senate Floor
Calls Needed before 2PM Thurs - "Oppose" Senate Bill 16
Senate Bill 16 (SCS 1) is an anti-transparency bill that is overly broad and will cause harmful intended and unintended consequences to workplace and public safety. The bill prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above animal feeding operations, concentrated animal feeding operations, or commercial food manufacturing or processing facilities without written consent of the owner or authorized representative of the facility. It establishes criminal liability for violations.
While the law exempts the use of unmanned aircrafts by several parties, primarily government officials, law enforcement, emergency services, insurance personnel, and utilities, from criminal liability, it does not exempt these same parties from criminal liability for those that record or distribute, photographically, electronically, or otherwise, any part, procedure, or action of a key infrastructure asset.
The bill is overly broad, vague, and may potentially impose criminal liability for taking videos and photos at places like horse race tracks, bourbon distilleries, and coffee roasteries.
This is an anti-transparency bill, which will make it more difficult for employees and citizens from holding recalcitrant companies accountable for unlawful actions, and will make it more difficult for the public from being educated on where their food comes from. This bill begs the question - what are these facilities trying to hide?
ACT: Call the legislative message line at 1-800-372-7181 starting at 7AM to OPPOSE this bill. (The Senate meets at 2PM)
Bills for action: Feb. 13, 2024
Senate Bill 16 (KCC Strong Oppose) Also known as the “Ag-Gag” bill. Prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above a concentrated animal feeding operation or commercial food manufacturing or processing facility without written consent of the owner or authorized representative of the facility. Establishes a Class B misdemeanor for violations. ACT: The bill is currently in the Senate Agriculture Committee. We anticipate that there will be a bill substitute to address concerns raised by utilities and other industries who utilize drones in their operations. Contact the Senate Agriculture Committee to comment (email links) or call Legislative Message Line: 1-800-372-7181
.
Bills for action: Jan. 30, 2024
Senate Bill 80 (KCC Oppose) Prevents the use of a student or employee ID to confirm a voter's identity, and prevents the use of a credit or debit card as a secondary form of identification to confirm a voter's identity. The bill is in the Orders of the Day to pass in the Senate. Call the Senate to oppose. The message line is 1-800-372-7181.
House Bill 341 (KCC Oppose) Proposes to amend the Constitution of Kentucky to prohibit persons who are not citizens of the United States from being allowed to vote in the Commonwealth of Kentucky. Federal law already prevents non-citizens from voting in federal elections, but does not outlaw state or local elections. Several municipalities in Maryland, California, and Vermont allow non-citizens to vote in local elections. Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio have passed laws to prevent non-citizens from voting in local elections. The bill is in the Orders of the Day to pass in the House. Call the House to oppose. The message line is 1-800-372-7181.
Bills for action: Jan. 29, 2024
Senate Bill 16 (KCC Strong Oppose) Also known as the “Ag-Gag” bill. Prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above a concentrated animal feeding operation or commercial food manufacturing or processing facility without written consent of the owner or authorized representative of the facility. Establishes a Class B misdemeanor for violations. ACT: The bill is currently in the Senate Agriculture Committee. Contact this committee to oppose. Legislative Message Line: 1-800-372-7181
House Bill 136 (KCC Oppose) This would impact environmental audits, would limit Louisville Air Pollution Control Board's ability to issue fines to companies who voluntarily report violations. The bill has now passed the House. ACT: We now ask you to contact the Senate Committee on State and Local Government to oppose. Legislative Message Line: 1-800-372-7181
House Bill 5 (KCC Oppose) A “tough on crime” bill that includes excessive penalties for various offenses including ones that impact the homeless , but we are particularly focused on the provisions addressing “street camping”. While this provision was amended last week to exempt temporarily sleeping in an automobile, it still restricts camping by tent, hammock, temporary shelters or vehicles in "areas that have not been specifically designated for sleeping or camping." making it a class B misdemeanor. ACT: We now ask you to contact the Senate Committee on State and Local Government to oppose. Legislative Message Line: 1-800-372-7181
Bills for action: Jan. 24, 2024
House Bill 136 (KCC Oppose) that would impact environmental audits, would limit Louisville Air Pollution Control Board's ability to issue fines to companies who voluntarily report violations. The bill has now passed the House.
ACT: We now ask for you to make calls to your Senator to oppose. Legislative Message Line: 1-800-372-7181
Bills for action: Jan. 22-23, 2024
KCC Alert: Senate Bill 16 (Strong Oppose)
"Ag-Gag" bill is scheduled to be heard in the Senate Committee on Agriculture at 11AM Tuesday, January 23rd (tomorrow)
Our Summary: Prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above a concentrated animal feeding operation or commercial food manufacturing or processing facility without written consent of the owner or authorized representative of the facility. Establishes a Class B misdemeanor for violations.
"Ag-Gag" laws seek to “gag” would-be whistleblowers and undercover activists by punishing them for recording footage of what goes on in animal agriculture.
ACT: Call Members of the Senate Agriculture Committee on the message line at 1-800-372-7181 and ask them to oppose this bill.
KCC Alert: House Bill 136 (Oppose)
This bill would limit the Louisville Air Pollution Control Board ability to issue fines for companies who voluntarily report violations.
Our Summary: Provides that a facility subject to the requirements of KRS Chapter 77 (Air Pollution Control Districts) that performs an environmental audit according to the requirements of KRS 224.1-040 shall be entitled to all of the benefits, privileges, and protections, including voluntary audit confidentiality afforded by that section as other similar facilities are afforded under the jurisdiction of the DAQ. KCC has concerns that the proposed language conflicts with other provisions in KRS Chapter 77, and that facilities are already supposed to investigate their facilities and certify that their facilities are in compliance with the Clean Air Act on an annual basis. Regulators should encourage and incentivize voluntary reporting, but only for issues that the facilities are not already required to report.
ACT: This bill is posted for passage in the House. Contact "all representatives" immediately to oppose this bill. Call the message line at 1-800-372-7181
KCC Alert: House Bill 5 (Oppose)
"Safer Kentucky Act." A tough on crime bill that also criminalizes street camping, but allows cities to create a designated space for camping to take place. Prohibits charitable bail organization from posting bail in excess of $5,000. Among other changes...
ACLU-KY- says "Criminalization penalties don’t make us safe. We need to invest in mental health, substance abuse disorder, affordable housing, transportation and education; all of those make us a safer place.”
ACT: This bill is posted for passage in the House. Contact "all representatives" immediately to oppose this bill. Call the message line at 1-800-372-7181