Rep. Kim King

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requirements within the requirements over which local planning and zoning requirements shall have primacy; remove outdated language; amend KRS 278.706 to require that a decommissioning plan be included in an application for construction of a merchant electric generating facility;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 KRS 281A.175, regarding commercial driver's licenses with a school bus endorsement, to increase the time period allowed for the required physical examination from 12 to 24 months.

Create a new section of KRS Chapter 15 to define terms; provide protections from in-person access to private open land by law enforcement; require law enforcement to utilize body-worn cameras and audio devices while on private open land; provide exceptions.

Create a new section of KRS Chapter 161 to prohibit a public school district or public charter school from entering a nondisclosure agreement relating to misconduct involving a minor or student; amend KRS 160.380 to define "abusive conduct"; require school district applicants to disclose being the subject of any allegations or investigations in the previous 12 months and consent to a reference check; require school districts to conduct reference checks; require nonpublic and public school districts to disclose any allegations or investigations related to abusive conduct of applicants; require school districts to request all related information from public and nonpublic schools and the Education Professional Standards Board and require the schools and EPSB to provide the records; require all public school personnel to have a state criminal background check every five years; require all school district applicants to list all schools of previous and current employment on the application; require a school district to internally report and investigate to completion all allegations of abusive conduct; require all records relating to an allegation of abusive conduct to be retained in an employee's personnel file; amend KRS 156.160 to direct the Kentucky Board of Education to include employment standards in the voluntary certification standards for private schools; amend KRS 160.151 to define "certified nonpublic school"; require employees of certified nonpublic schools to have a national and state criminal background check and a CA/N check; require certified nonpublic school personnel to have a state criminal background check every five years; prohibit a certified nonpublic school from hiring a violent or felony sex crime offender; require a nonpublic certified school to conduct reference checks on all applicants; prohibit a certified nonpublic school from entering into a nondisclosure agreement related to misconduct involving a minor or student; amend KRS 156.095 to require the Kentucky Department of Education to develop a training related to sexual misconduct for employees to undergo every five years; amend KRS 161.151 to conform.

Create a new section of KRS Chapter 158 to prohibit a school district from punishing an employee for engaging in private religious expression otherwise protected by the First Amendment absent a showing of engaging in actual coercion; provide specific examples of protected activity; establish limits of applicability.

Amend KRS 158.150 to require a local board of education to expel a student for at least 12 months if the student makes threats that pose a danger to other students or staff; require a local board of education to adopt a policy requiring disciplinary actions for a student who assaults other students or staff off campus property; allow a local school board to place a student in an alternative education setting in lieu of expulsion, or at the end of an expulsion; allow a teacher to remove a disruptive student from the classroom; provide that a student who is removed from a classroom three times in 30 days shall be considered chronically disruptive and may be suspended; provide that a principal may permanently remove a disruptive student from a classroom and determine the placement of the student, subject to an appeal process; require a local board of education to conduct an expulsion review process to determine whether a student's expulsion shall continue or end.

Create a new section of KRS Chapter 2 to annually honor dates of agricultural recognition.

Amend KRS 205.6405, relating to hospital rate improvement programs, to redefine "managed care gap" and "qualifying hospital"; amend KRS 205.6406, relating to hospital rate improvement programs, to add inpatient services and include add-on amounts to the calculation of payments; modify the formula for the calculation of payments; provide that certain payments made under the programs do not count against any spending or appropriation limits; permit the Department for Medicaid Services to create a program to increase outpatient reimbursement within the Medicaid fee-for-service program; direct the Cabinet for Health and Family Services to request any necessary state plan amendment, waiver, or other authorization from a federal agency; RETROACTIVE; EMERGENCY.

Amend KRS 262.330 to include heavy or specialized equipment acquired by the Soil and Water Conservation Commission with the types of equipment that the board of a conservation district may make available or lease to landowners and occupiers within the district; allow the equipment to be used on the lessee's or renter's land or on the lands of others; provide that the purposes of the heavy or specialized equipment are for conserving soil resources, preventing soil erosion, and the conservation and protection of water resources related to those purposes; amend KRS 262.610 to require that all heavy or specialized equipment purchased or made available be used to conserve soil resources, prevent and control soil erosion, and conserve and protect water resources related to those purposes; allow a conservation district to apply jointly with a person residing in the district to the Soil and Water Conservation Commission to acquire heavy or specialized equipment; prohibit the joint application by conservation districts and persons for the acquisition of infrastructure; amend KRS 262.620 and 262.630 to conform; amend KRS 262.660 to require the Soil and Water Conservation Commission on or before January 1, 2024, to promulgate administrative regulations that set forth the form and manner in which a person and a conservation district may jointly request the acquisition of heavy or specialized equipment, the terms of loans for heavy or specialized equipment that the commission makes available to districts for lease to persons within those districts, the terms of the lease agreements between districts and persons in those district for use of the heavy or specialized equipment, and the proportions of time that the equipment shall be used on the lessee's or renter's lands and on the lands of others; require lease agreements to allow lessees to use the heavy or specialized equipment outside of their own lands, and with prior approval of the board of the leasing district, on lands outside of their districts.

Create a new section of KRS Chapter 247 to prohibit a nonresident alien, foreign business, agent, trustee, or fiduciary associated with the government of any prohibited country as referenced in 22 C.F.R. sec. 126.1 from the purchase, lease, or acquisition of agricultural lands in Kentucky or participation in programs administered by the Department of Agriculture, Agricultural Development Board, and Kentucky Agricultural Finance Corporation.