Kentucky 2023 Regular Session

Kentucky Senate Bill SB226

Introduced
2/21/23  
Refer
2/21/23  
Refer
2/23/23  
Report Pass
3/1/23  
Engrossed
3/7/23  
Refer
3/7/23  
Refer
3/8/23  
Report Pass
3/9/23  
Enrolled
3/14/23  
Enrolled
3/14/23  
Vetoed
3/24/23  
Refer
3/29/23  
Override
3/29/23  
Refer
3/29/23  
Override
3/29/23  
Enrolled
3/29/23  
Enrolled
3/29/23  
Chaptered
3/29/23  

Caption

AN ACT relating to environmental permitting.

Impact

The bill impacts Kentucky's environmental regulations by effectively easing the permitting process for industrial operations, while maintaining compliance with federal water quality standards. By allowing the state cabinet to presume compliance with certain discharge conditions, it could encourage more rapid permit approvals, thereby enhancing operational efficiency for businesses involved in environmentally sensitive industries. This measure aims to facilitate economic activities without compromising legislative intentions to protect significant water resources and aquatic ecosystems.

Summary

SB226 is an act related to environmental permitting, primarily focusing on the process for issuing permits for discharges into waters identified as outstanding state resource waters. The bill establishes a presumption that water quality will be maintained under certain conditions and outlines specific protections concerning federally threatened and endangered species. Such provisions aim to streamline the permitting process for applicants in industries like coal mining and electric generation, which have historically faced stringent regulation regarding environmental impact.

Sentiment

General sentiment surrounding SB226 appears to be mixed. Supporters view the bill as a necessary update to encourage economic growth and reduce bureaucratic red tape, particularly for industries that are crucial to Kentucky's economy, like coal and energy. Conversely, opponents express concern that the bill might undermine environmental protections and the integrity of state waters by potentially enabling pollution without adequate oversight. The balance between fostering economic development and ensuring environmental safeguards remains a contentious issue.

Contention

Notable points of contention in the discussions around SB226 include the extent to which the bill might create loopholes in environmental protection measures and how the presumption of maintaining water quality could lead to complacency in monitoring polluting discharges. Environmental advocates argue that the bill could jeopardize the state's efforts in conserving rare aquatic species, given its approach to permitting. Critics worry that easing regulations sets a precedent that may endanger fragile ecosystems, especially if the cabinet fails to document compliance effectively with the bill's stipulations.

Companion Bills

No companion bills found.

Previously Filed As

KY HB656

AN ACT relating to federal environmental permitting requirements.

KY SB1

California Environmental, Public Health, and Workers Defense Act of 2019.

KY SB89

AN ACT relating to environmental protection and declaring an emergency.

KY SB118

AN ACT relating to permits.

KY SB49

California Environmental, Public Health, and Workers Defense Act of 2017.

KY SB23

Water supply and flood risk reduction projects: expedited permitting.

KY HB4488

Relating to coal mining and changing fees for permitting actions

KY SB462

Changing fees for permitting actions related to coal mining

KY HB640

AN ACT relating to invasive plant species.

KY SB512

Department of Environmental Quality; creating Division of Mines; consolidating Department of Mines into Department of Environmental Quality. Effective date. Emergency.

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