On to the Governor’s Desk for Action
KCC List of House Bills we are watching as of 4/3
KCC List of Senate Bills we are watching as of 4/3
Lawmakers concluded their work late on March 30th, the 58th day of the 60-day legislative session and then will return on Wednesday, April 13th and Thursday, April 14th to act on remaining bills. In the meantime, many bills have made their way to the Governor’s desk for action. The Governor’s veto period continues through Monday, April 11th.
The Revenue Bill — Electric and Hybrid Car Fees
Several key bills have either been signed or are making their way to the Governor’s desk (details below). One bill we had been trying to amend were some of the provisions in the Revenue bill, House Bill 8, particularly the provisions dealing with Hybrid and Electric Vehicles and EV charging stations. We detailed some of these activities in our previous blog posts. While some adjustments were made, the provisions in HB8 still fall short.
Aside from the revenue bill generally disproportionately benefiting wealthy people, there was the introduction of electric vehicle and electric vehicle charger taxes and fees, as well as fees on Hybrid cars. KCC lobbied heavily with help from our friends from EVolve Electric Vehicle group and Tesla owners of Kentucky to try to eliminate or reduce those taxes and fees, and to apply the taxes and fees in an equitable manner. While everyone agrees that all users of the road should pay their fair share, our goal was to make sure that fees were in fact fair and users of efficient cars were not double-taxed. House Bill 8, while improved, does not live up to that goal.
For example, while the 3-cents per kWh tax for chargers does not apply to chargers at homes, the provisions do not exempt EV owners from the tax if they are unable to install an EV charger (apartments, homes without driveways, alleys, or garages). This is an equity issue, making it much more expensive to own an EV for folks that do not have their own charger. We were able to get changes to exempt any chargers donated and operating for free from the tax and fees for chargers installed prior to July 1, 2022.
The final version of the revenue bill was adjusted for a small reduction in the annual fees from the original bill to address the impact of EVs on road infrastructure. The bill now includes an “ownership fee” of $120 for electric vehicles and $60 for Hybrid cars and electric motorcycles (previous versions of the bill had a fee of $140 and $70 respectively). The bill is currently on the Governor’s desk. For the Governor to veto, he would have to reject the revenue bill in its entirety. Contact the Governor here.
While such fees are not unheard of in many states, some states see the value of creating more legislative incentives for this growing industry. KCC will continue to work on this issue beyond this session to continue to fight for fair assessments of efficient cars.
Actions for the Governor -
Bills We are asking the Governor to VETO
HCR138 (KCC Oppose) Directs the Legislative Research Commission to examine and evaluate the feasibility of implementing an alternative rate mechanism (ARM) for public utilities regulated by the Public Service Commission.
HB594 (KCC Oppose) An act relating to administrative regulations and declaring an emergency. Among its provisions, allow the Administrative Regulation Review Subcommittee to consider as deficient any administrative regulation that does not include an adequate cost analysis.
SB205 (KCC Strong Oppose) Energy Boycotts. This is the Energy Boycott bill that will have the state track and “divest” from companies that participate in energy boycotts and allows the Attorney General or Treasurer to bring civil action to enforce the act.
SB217 (KCC Strong Oppose) Re-organizes the Fish and Wildlife Commission and Department (see full description on our bill list).
Actions for the Legislature -
ACT on these bills in their remaining time:
These are bills that are close to passage but not yet to the Governor’s desk. Only two days remaining for lawmakers to act.
HB222 (KCC Strong Support) Anti-SLAPP (Strategic lawsuit against public participation) legislation. Allows you to recover costs and attorney fees for successful defense of SLAPPs. The bill passed the House but has been held in the Senate.
ACT: Contact Senate Leadership at 1-800-372-7181. and ask them to send HB222 to the floor and support the bill for final passage without amendments.
HB392 (KCC Support as amended by SCS1) Merchant Solar. This is one of the two bills, now combined, to better regulate large-scale merchant energy facilities, including solar farms. Controversy over the two competing bills has slowed its progress, however we support passage of HB392 as amended by the Senate.
ACT: Contact members of the House at 1-800-372-7181 and ask them to “concur” with Senate Committee Sub 1 to HB392 and move for final passage.
HB337 (KCC Oppose) Administrative Regulations. Allows the Attorney General to review a legislative determination that an administrative regulation is deficient. This bill passed the House but has not yet passed the Senate. It currently resides in the Senate State & Local Government committee but has already had two readings in the Senate and returned. Should Senate State & Local Government meet during the final two days of the session, it could pass and immediately move to a final vote.
ACT: Contact members of the Senate State & Local Government Committee at 1-800-372-7181. to oppose. And then also contact your senator and tell them you oppose final passage of HB337.
HB597 - We discussed last-minute changes in this flood insurance bill in last week’s blog that added an amendment which would impact air pollution standards and emissions limits related to agricultural operations.
ACT: Since the bill was already set for the Senate consent calendar, SCS1 would need to be withdrawn before the bill is passed and sent to the House. Please ask Senate Leadership to “withdraw Senate Committee Substitute 1 to HB597.”
HB659 (KCC Support) Historic Preservation Tax Credit has passed the House and has had two readings in the Senate and returned to the Senate Appropriations & Revenue committee. Two Senate floor amendments have been filed to change the bill to a “peer to peer car sharing” bill.
ACT Contact Senate Appropriations & Revenue at 1-800-372-7181 and ask them to support passage of the Historic Preservation Tax Credit bill HB659.
SB138 (KCC Strong Oppose) Education: Prevents schools from requiring teachers to discuss current events or participate in race-related training. Could have a chilling effect on the teaching of science based issues such as climate change, pollution, environmental justice.
ACT: The bill passed the Senate and is posted for passage in the House. Contact all members of the House at 1-800-372-7181 to oppose.
SCR171 (KCC Oppose) Nuclear. Request the Legislative Research Commission to examine funding sources and identify groups to conduct a feasibility study of advanced nuclear power in the Commonwealth.
ACT: The resolution has passed the Senate and is now in the House. Contact House Leadership at 1-800-372-7181 to oppose.
SB347 (KCC Strong Support) Electric Vehicle Infrastructure Bill to develop a transportation plan for EV infrastructure.
ACT: The bill has passed the Senate and is now in the House. Contact all members of the House at 1-800-372-7181 to support final passage of SB437.
Other Bills and resolutions currently on the Governor’s desk:
HJR41 (KCC Strong Support) which directs the Department of Revenue and the University of Kentucky's Department of Forestry and Natural Resources to submit a report to the Legislative Research Commission detailing their recommendations for equitable property tax assessment procedures for well-managed forests.
HB241 (KCC Monitor) Transportation’s operating budget bill.
HB244 (KCC Monitor) Judicial branch budget bill.
HB274 (KCC Monitor) Establishing transportation improvement districts organized by county governments.
HB306 (KCC Support) Expands the Johnson grass control program to the "pest and noxious weed" control program.
HB390 (KCC Monitor) Add the Commissioner of Agriculture as a voting member to the Kentucky Economic Development Partnership and change the quorum from seven to eight members
HB391 (KCC Monitor) Reorganizes various divisions in the Department of Parks.
HB399 (KCC Support) Requires local governments to provide for public input and public meeting into the expenditure of public funds for economic development and the expenditure of road funds.
HB451 (KCC Monitor) An act relating to fuel standards to provide more specific definitions of diesel, gasoline, gasoline-oxygenate blend and gas retail facilities.
HB552 (KCC Support) requires the Ky. Mountain Regional Recreation Authority to comply with the audit requirements of KRS Chapter 65A.
HB564 (KCC Monitor) Omnibus election bill.
HB600 (KCC Support) Clarifies that members of the Reclamation Guaranty Fund Commission representing the coal mining industry are coal mine permittees and allows for smaller operators to be selected to represent different sized operators if a larger operator cannot be found.
HB669 (KCC Support) Aligns Kentucky’s abandoned oil and gas well regulations in order to take full advantage of recent federal funding to clean up these wells.
SB315 (KCC Support) Senate version of the Orphan oil and gas well bill.
HB758 (KCC Support) Declares the need for funding for public funding for drinking water and wastewater systems. Establishes a water management assistance fund.
SB114 (KCC Support) Requires purchasers of catalytic converters (e.g. junk yards) to keep a record that contains proof of ownership.
SB341 (KCC Support) Allows Division of Forestry to hire new employees using federal grants.
This past week, the Governor SIGNED the following bills and resolutions that KCC has been watching:
HB33 (KCC Monitor) Allows local plan review, inspection and enforcement of educational facilities. Signed 3/31.
HB45 (KCC Oppose) on “Advanced” (Chemical) Recycling. While the bill had been modified to remove language that would support "plastics to fuel" (crude oil, naphtha, and liquid transportation fuels) we still opposed the bill. KCC supports the goal of managing plastics at the source, rather than methods that may be perceived as "recycling" as a solution to the plastics problem. The Federal Government has been looking at potential future regulations addressing Pyrolysis and Gasification units as this legislation would allow. Signed on 3/31.
HB77 (KCC Monitor) An Act relating to Radon safety that reorganizes and renames the Radon Program Advisory Committee. Signed on 3/31.
HB195 (KCC Support) An Act relating to pipeline location notification. Establishes notification requirements regarding the location of an interstate pipeline if that pipeline is within 660 feet of the development prior to a Planning Commission granting approval for that development. Signed on 3/31.
HB453 (KCC Strong Support) Among the provisions, requires any public agency to provide specific information regarding where any member of the media or public may view open meetings electronically. Signed 3/25.
SB152 (KCC Monitor) Streamlines the process local governments must follow for issuing initial solid waste franchises and reduces the administrative burden and expedites transmission to privately provided services. Signed 4/1.
Other News: Cleaning up Cryptocurrency
KCC was invited to participate in a media release this past week, representing one of three states who are dealing with an influx of cryptocurrency mining operations, as part of a launch of a new campaign to “clean up” certain high-energy cryptocurrency operations such as Bitcoin. The campaign is called “Change the Code, Not the Climate” and is being organized by the national organizations Greenpeace and Environmental Working Group. It is the first major effort we have seen to bring attention to the huge energy impact of certain digital currencies. You will recall that KCC presented on this industry and its potential climate impacts during our Legislative Summit in January. So we are very glad to now see more national attention. There was also a very informative piece on the politics of cryptocurrency in this week’s Meet the Press online which you can view if you want to be well-informed on this rising issue.