2025 Regular Session - Day 26 - HB 85, Rep. TJ Roberts and Rep. Scott Sharp

thank you Mr Speaker House Bill 885 is the simple cleanup bill that corrects a mistake that the Kentucky court of appeals made regarding KRS chapter 220 on the appropriateness of Sanitation District charges our laws presently indicate that you must be a user before receiving a charge from sanitation districts unfortunately in the sanitation district one versus wial case the court of appeals essentially essentially said that a user is any res under the district that is not the intent of this legislature it was not the intent of those who codified KS chapter 220 and that is the purpose of House Bill 85 to put up guard rails to make clear about when these charges are appropriate it gives five specific instances in which it is appropriate first of all when a property is connected to a sanitary sewer that is connected to to the property second when the property flows Wastewater to a storm sewer or the storm sewer flows to the properties um fourth when there is a contract with the property owner or fifth when there is an approved plan by the eec to to to have Services connected within 5 years Mr Speaker I do have a floor amendment to define the ter term discharge so would the clerk please report house floor Amendment two Mr clerk please report house floor Amendment two to House Bill 85 gentleman from boom thank you Mr Speaker house floor Amendment two simply defines discharge as water that flows from a property to a Sanitation District owned or maintained property just to give Clarity to the sanitation districts of what this change would entail it also codifies a 1,000 F foot limitation this is what is presently done by sanitation district one up in Northern Kentucky so this is just codifying their current practice and offering Clarity and for that reason I move for adoption of house floor Amendment two question for the body is on adoption of house floor Amendment two is there any discussion sing n all those in favor please signify by saying I I I'll oppose nay motion carries house for Amendment two is adopted gentleman from Boon thank you Mr Speaker and further on the fifth prong of an approved plan by the eec there was an issue that was brought to me by another member and for that reason I would like to yield to the gentleman from Boyd 100 for a friendly Amendment chair recogniz gentleman from Bo Mr Speaker uh when I was talking with the bill sponsor I noticed in the bill that there was no mechanism in which to recoup the money from customers to recoup the money if they were not hooked up within 5 years so in coordination with with the sponsor we drafted uh house floor Amendment one which uh I asked that the clerk report Mr clerk please report house floor Amendment one to House Bill 85 gentleman from Boyd all this amendment does is it gives the customer a mechanism in which to go back and recoup any money that he has been given if he has not been hooked up within the appropriate amount of time move for adoption and I move for adoption question for the body is on adoption of house floor Amendment one is there any discussion seeing none all those in favor please signify by saying I I I'll oppose nay motion carries house B Amendment one is adopted thank you Mr Speaker gentleman from Bo Mr Speaker House Bill 85 is a common sense reform to just ensure that the intent of this legislature is followed puts up it puts up basic guard rails to protect property owners who are not receiving Services particularly in our rural areas to ensure that they are not being subject to charges that we as a legislature never intended for them to be subject to for those reasons I moved for adoption of House Bill 85 as amended by house floor amendments one and two