Kentucky Senate Bill 218 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on February 24 2022 - 25% progression, died in committee
Action: 2022-02-28 - to Natural Resources & Energy (S)
Pending: Senate Natural Resources and Energy Committee
Text: Latest bill text (Introduced) [PDF]

Create new sections of KRS Chapter 150 to establish definitions; authorize the Department of Fish and Wildlife Resources to make acquisitions for compensatory mitigation projects; clarify who holds interests in the property for acquisition types, including alternative delivery procurement; allow for the acquisition price of interests to be greater by no more than five percent of the appraised value when using comparable sales comparison or market approach appraisal methods; allow the department to procure construction contracting for compensatory mitigation projects using alternative delivery including design-build, design-bid-build, and full delivery compensatory mitigation and exempt the department from requirements of KRS Chapters 45 and 45A; allow for procurement of mitigation credits from an existing mitigation bank with restrictions; establish the requirements for full delivery compensatory mitigation including contract, procurement requirements, method of remittance on work, protests and appeals; establish the department's powers and prerogatives with implementing the in-lieu fee program for compensatory mitigation projects; require all vendors and any foreign entities to be in good standing and in compliance with unemployment and workers' compensation requirements; set penalty for violations; amend KRS 45.750 to add compensatory mitigation credit purchases to the definition of "capital construction item" and include credit purchases and use of full delivery mitigation in the definition of "capital project"; add definitions; exempt real estate purchased for compensatory mitigation projects or purchase of compensatory mitigation credits from the provisions of KRS 45.760 to 45.810; amend KRS 45.777 to exempt sale or transfer of title or interests in real property from requirements to deposit receipts into the general fund; amend KRS 45.760 to add expenditure of funds for compensatory mitigation to the automatic authorization when project is not listed in branch budget bill; allow such funds tranferred to the allotment account to exceed the 15 percent limitation; require the notation of the payout for the allotment to be transmitted to the Capital Projects and Bond Oversight Committee; and exempt projects or equipment purchases from the limitations before being authorized; amend KRS 45A.030 to include compensatory mitigation projects and credits to the definitional exception of chief purchasing officer; add additional definitions; amend KRS 45A.045 to exempt the Department of Fish and Wildlife Resources from the requirement to have the Finance and Administration Cabinet make all acquisitions and be the chief purchasing officer for the department and dispose of surplus property; amend KRS 45A.050 to vest the Department of Fish and Wildlife Resources with the rights, powers, and duties and authority for procurement; amend KRS 150.255 to clarify that compensatory mitigation projects must be approved by the United States Army Corps of Engineers and the department and add purchase of compensatory mitigation credits to the use of funds; express when remittance may be made on a contract even if it is outside of the procurement methodology; clarify that the department coordinates all aspects of a compensatory mitigation project and when the project vests under a full delivery compensatory mitigation project; amend KRS 382.850 to allow the Department of Fish and Wildlife Resources or a mitigation bank to acquire conservation easements and protect the land where there is a severance of a mineral estate and surface and establish a penalty if the surface is disturbed by subsequent exercise of mining activity; establish procedure for enforcement; and add definitions; APPROPRIATION; EMERGENCY.

AN ACT relating to stream and wetland mitigation, making an appropriation therefor, and declaring an emergency.

Sen. Robin Webb [D]

Date	Chamber	Action
2022-02-28	Senate	to Natural Resources & Energy (S)
2022-02-24	Senate	to Committee on Committees (S)
2022-02-24	Senate	introduced in Senate

Type	Source
Summary	https://apps.legislature.ky.gov/record/22RS/sb218.html
Text	https://apps.legislature.ky.gov/recorddocuments/bill/22RS/sb218/orig_bill.pdf