Amend KRS 278.702 to provide that the terms of service for the ad hoc members of the Kentucky State Board on Electric Generation and Transmission Siting end when the merchant electric generating facility for which they were appointed has been constructed and has begun generating electricity for sale or its construction certificate expires; amend KRS 278.704 to lengthen the period of time that a construction certificate for a merchant electric generating facility is valid from 2 years to 3 years; include decommissioning requirements within the requirements over which local planning and zoning requirements shall have primacy; remove outdated language; amend KRS 278.706 to require that a decommissioning plan be included in an application for construction of a merchant electric generating facility; establish minimum requirements for a decommissioning plan; require as part of a decommission plan that a bond or similar security be secured to assure that the decommissioning plan is accomplished; establish requirements for how the bond is set and how the beneficiaries of the bond are to be determined; require that certain components of the decommissioning plan be incorporated into the construction certificate applicant's leases with landowners; amend KRS 278.708 to reference the transfer of the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet; amend KRS 278.710 to include whether the decommissioning plan is complete and complies with the requirements of the Act in the criteria for approval of a construction certificate for a merchant electric generating facility; require a person that has received a construction certificate for a merchant electric generating facility file with the Energy and Environment Cabinet the copy of the bond or similar security no later than the date that construction commences for the facility; require that an updated copy of the bond or similar security be refiled at least once every 5 years thereafter; require notice to be filed with the Energy and Environment Cabinet when the construction of the merchant electric generating facility is complete and has begun producing electricity for sale; require that notice be given of any transaction involving the sale or transfer of ownership of the facility to the Energy and Environment Cabinet and local officials within 10 days of finalizing the transaction; require a person who has acquired a merchant electric generating facility to file with the Energy and Environment Cabinet written consent to assume the obligations in the decommissioning plan for the facility and to adopt or replace the required decommissioning bond; provide that the transferor of control of a merchant electric generating facility remain liable for its decommissioning obligations until the transferee completes the documentation required by the Act and the secretary of the Energy and Environment cabinet accepts it as complete; provide that application approval conditions that require approval of transfer of control shall be void and unenforceable, subject to the requirements of the section; provide that after the application for a construction certificate for a merchant electric generating facility has been approved, the bond required by the Act has been posted, the facility has been constructed, and it has begun generating electricity for sale, the secretary of the Energy and Environment Cabinet shall ensure the facility's ongoing compliance with the requirements of KRS 278.700 to 278.716 and the conditions of its construction certificate approval, including updating its decommissioning plan and bond amounts at least once every 5 years; transfer the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet once the facility is constructed and begins generating electricity for sale; require that while the electric merchant generating facility is operational, if solar panels are removed and discarded, the discarded solar panels be removed from the site within 90 days of the completion of the work; amend KRS 278.718 to provide that an ordinance, permit, or license issued by a local government shall have primacy over the requirements of KRS 278.700 and Sections 2, 3, and 4 of this Act; amend KRS 224.10-100 to authorize the Energy and Environment Cabinet to monitor and enforce compliance of merchant electric generating entities with the requirements of the Act; authorize the Energy and Environment Cabinet to draw upon a decommissioning bond or other similar security for which it is named a beneficiary to complete an approved decommissioning plan; amend KRS 224.99-010 to give jurisdiction to the Circuit Court in any county where a merchant electric generating facility is located for actions arising from or related to certain provisions of the Act; allow for a civil penalty not to exceed $2,500 per day to be imposed for violation of the bonding and bond transfer requirements in the Act; allow for the suspension of a merchant electric generating facility's operations for failing to pay civil penalties or complying with the bonding transfer requirements of the Act; allow for the decommissioning of the facility if it is still noncompliant after 90 days of suspension of its operation; create a new section of Subchapter 10 of KRS Chapter 224 to require that if a merchant electric facility fails to complete its decommissioning plan within 18 months of ceasing to produce electricity for sale, then the cabinet shall draw upon the decommissioning bond and implement the decommissioning plan; require the Energy and Environment Cabinet within 90 days of the effective date of the Act to promulgate administrative regulations to establish the monitoring and enforcement of the bonding and bond transfer requirements of the Act; allow the Energy and Environment Cabinet to establish a fee structure to cover the costs of its enforcement responsibilities; establish the merchant electric generating facility monitoring and enforcement fund to receive the fees and penalties collected by the Energy and Environment Cabinet pursuant to their monitoring and enforcement responsibilities under the Act; require that the funds collected only be used to defray the Energy and Environment Cabinet's costs related to their monitoring and enforcement responsibilities under the Act; require that all expenses for the determination of the bond amount and for the procurement of decommissioning services by the Energy and Environment be paid by the owner of the merchant electric generating facility; APPROPRIATION.
Amend 2022 Ky. Acts ch. 197, sec. 11, to direct the Department of Fish and Wildlife Resources to make the conservation easement acquisitions required to be made under the section instead of the Finance and Administration Cabinet; delete the provision requiring the Finance and Administration Cabinet to procure outside counsel; provide that the conservation easement transfers not be subject to KRS 382.850 provided that the conservation easements stipulate that they will not inhibit coal mining operations; allow the Department of Fish and Wildlife Resources to work with third parties, contractors, and partners to perform the due diligence necessary to complete the transactions; move the closing date for the acquisitions back to June 30, 2024; provide that notwithstanding KRS 56.040, surveys for the lands involved in the transactions directed by the section may be completed after closing; require funds to be held in escrow to reconcile any differences in acreage of the lands once the surveys are completed; authorize the Department of Fish and Wildlife Resources to sign all necessary documents to complete the transactions; require the Finance and Administration Cabinet to deliver all documents relating to the due diligence it has already performed to the Department of Fish and Wildlife Resources on the effective date of the Act; allow the Department of Fish and Wildlife Resources to accept, via assignment, contracts that the Finance and Administration Cabinet has already entered into in the course of performing its due diligence; amend 2022 Kentucky Acts Chapter 199, Part I, Operating Budget, L. Tourism, Arts and Heritage Cabinet, 7. Fish and Wildlife Resources, (4) Kentucky Cumberland Forest Conservation Program, to provide that the $3,875,000 one-time allocation in fiscal year 2022-2023 to support the Kentucky Cumberland Forest Conservation Program shall not lapse and shall carry forward; amend KRS 45A.800 to add the Department of Fish and Wildlife Resources to several definitions for KRS Chapter 45A; amend KRS 45A.810 to create one or more engineering and engineering-related services section committees in the Department of Fish and Wildlife Resources and provide for the selection process for the members of the committees; amend KRS 45A.815, 45A.825, 45A.830, 45A.837 to conform; amend KRS 56.040 to require the Department of Fish and Wildlife Resources to provide for the examination and certification of title when acquiring an interest in land from state funds; amend KRS 150.022 to remove language relating to the removal of a member of the Fish and Wildlife Commission by the Governor; amend KRS 150.0242 to provide that the department shall not be subject to any provision of KRS Chapter 45A that requires Finance and Administration Cabinet approval for any part of its procurement process; require the department to promulgate administrative regulations on or before January 1, 2024 implementing procedures for the procurement of engineering services; amend KRS 150.120 to remove the requirement that the Governor and the Finance and Administration Cabinet approve of the department's sale of contraband; subject sales of contraband to audit by the Auditor of Public Accounts; amend KRS 150.152 to specify certain aspects of the audit of the department by the Auditor of Public Accounts; amend KRS 150.170 to provide for a five acre minimum for a resident owner of farmlands to be hunting and fishing license-exempt when fishing or hunting on their own lands; amend KRS 150.175 to change some department-issued license names and to remove the requirement that an applicant under the age of 16 get written consent from a parent before applying for a youth statewide hunting license; amend KRS 150.195 to remove the requirement that county clerks sell licenses and permits issued by the department; specify other entities authorized to sell licenses and permits issued by the department; make conforming changes; amend KRS 150.250 to remove the requirement that the Governor and the secretary of the Finance and Administration Cabinet approve before thedepartment can enter into a contract with the federal government; amend KRS 150.990 to conform; provide that the requirements of the Act apply to all procurements and acquisitions of interests in land undertaken by the department, including those commenced prior to the effective date of the Act; APPROPRIATION; EMERGENCY.
Amend KRS 12.020 to remove the Office of the Ombudsman and Administrative Review and the Office of the Inspector from the Office of the Secretary and place them in the Cabinet for Health and Family Services as individual agencies; dissolve the Department for Income Support, the Department for Family Resource Centers and Volunteer Services, and the Office for Children with Special Health Care Needs; and place the Disability Determination Services program and Serve Kentucky within the Education and Labor Cabinet; amend KRS 13B.020 to remove disability determination hearings from the Department for Income Support and give the responsibility of disability determination hearings to the Education and Labor Cabinet; amend KRS 15.055 to remove the Cabinet for Health and Family Services from promulgating administrative regulations in this section and designating the Office of the Attorney General as the agency in charge of promulgating administrative regulations and publication of delinquent child support obligors; amend KRS 194A.030 to remove the Office of the Ombudsman and Administrative Review the Office of Inspector General from the Office of the Secretary, establish them each as their own entity within the Cabinet, and list their duties; place the Office for Children with Special Health Care Needs within the Department for Public Health; dissolve the Department for Family Resource Centers and Volunteer Services and place that jurisdiction within the Department for Community Based Services; dissolve the Department for Income Support; remove guardian services from the Department for Aging and Independent Living and place those services within the Department for Community Based Services; amend KRS 197.105 to remove the Cabinet from receiving deducted wages from child support and allow the Office of Attorney General to be paid those wages; amend KRS 194A.120 to remove the Office for Children with Special Health Care Needs; amend KRS 194A.624 to remove a representative from the Office for Children with Special Health Care Needs from the advisory council on Autism Spectrum Disorders; repeal, reenact, and amend KRS 205.710 as a new section of KRS Chapter 15 to change definitions to remove the Cabinet from being in charge of administering the child support program and give that responsibility to the Attorney General; repeal, reenact, and amend KRS 205.712 as a new section of KRS Chapter 15 to remove the jurisdiction of child support enforcement from the Department for Income Support and give that jurisdiction and responsibility to the Office of the Attorney General; repeal, reenact, and amend the following statutes as new sections in KRS Chapter 15: KRS 205.713, 205.720, 205.721, 205.725, 205.730, 205.735, 205,745, 205.750, 205.752, 205.755, 205.765, 205.767, 205.768, 205.7685, 205.769, 205.7695, 205.770, 205.772, 205.774, 205.776, 205.778, 205.7785, 205.780, 205.785, 205.792, 205.793, 205.795, 205.796, 205.7965, 205.798, 205.800, 205.802, 341.412, 405.411, 405.430, 405.435, 405.450, 405.460, 405.463, 405.465, 405.467, 405.480, 405.490, 405.520, 407.5102, 402.5201, 407.5308, 407.5310, 407.5602, 407.5703, 407.5704, 407.5705, and 407.5708 to conform; repeal and reenact KRS 205.715, 205.732, 205.766, 205.782, and 205.790 as new sections of KRS Chapter 15; amend KRS 151B.015 to place the Disability Determination Services program and Serve Kentucky under the jurisdiction of the Education and Labor Cabinet; amend KRS 151B.212 to remove a representative from the Department for Income Support from the Employment First Council and add to the council a representative from the Education and Labor Cabinet; amend KRS 207.200 to conform; repeal KRS 194A. 570 and reenact as a new section of KRS Chapter 151B and amend to establish Serve Kentucky in the Education and Labor Cabinet and to remove Serve Kentucky from the Cabinet for Health and Family Services; repeal and reenact 194A.572, 194A.575, and 194A.578 as a new chapter of KRS 151B; amend KRS 403.212, 405.405, 407.5201, 45A.550, 314.077, 403.090, 405.500, 205.172, 205.173, 205.191, 405.470, 131.672, 205.990, 70.325, 205.992 to conform; require the CHFS task force to continue through the interim of 2023; require the Department for Medicaid Services, Aging and Independent Living, and Behavioral Health, Developmental and Intellectual Disabilities to work together to identify and eliminate redundancies and barriers to administering Medicaid waivers; require the Office of Human Resource Management and the Personnel Cabinet to work together to identify systemic barriers; remove the Disability Determination Services program from the Cabinet for Health and Family Services and place it within the Education and Labor Cabinet; remove the Division of Adult Guardianship from the Department for Aging and Independent Living and place it within the Department for Community Based Services.
