Environment

Amend KRS 382.850 to require a condemnor in an eminent domain action involving property subject to a conservation easement to provide a written report to the court justifying the condemnation due to lack of feasible alternative locations; allow the court to dismiss the condemnation action if the lack of alternative locations is not demonstrated; amend KRS 262.850 to require a condemnor in an eminent domain action involving property located in an agricultural district to provide a written report to the court justifying the condemnation due to lack of feasible alternative locations; allow the court to dismiss the condemnation action if the lack of alternative locations is not demonstrated; amend KRS 416.550 prohibit a condemnor from engaging in false, intimidating, or misleading negotiation tactics; allow a property owner of potentially condemned property to obtain an independent appraisal within 60 days of an initial offer for purchase; reduce the independent appraisal period to 30 days if the property owner refuses the initial offer for purchase; prohibit the filing of a condemnation action within the independent appraisal period; establish a penalty of dismissal of the condemnation action, payment of attorney's fees, and a bar on future condemnation actions for violations; amend KRS 416.560 to specify requirements for contents of notice of entry to owners of property; establish penalty for failure to give notice; require condemnor to give notice of a material change to the project; require condemnor to use only current data for surveys; provide a copy of a survey to the property owner within 15 days of completion; allow the property owner to petition a local legislative body for a public meeting regarding the proposed taking; amend KRS 416.610 to require the condemnor to take measures to ensure access to property during on-site work on a project where only a portion of the property has been condemned; amend KRS 416.660 to include preexisting improvements on property and the value of agricultural improvements in the determination of fair market value of condemned property; amend KRS 416.570, 416.600, 416.630, 416.640, and 416.650 to conform; EMERGENCY.

HB 108 amends Kentucky law to exclude certain industrial waste facilities from being classified as "municipal solid waste disposal facilities." Specifically, it exempts waste sites owned and operated exclusively by a solid waste generator that only accept industrial waste generated from the generator's own operations on the same or adjacent property (including via corporate affiliates). This change removes these facilities from the requirement to obtain permits under municipal solid waste management rules, which currently apply to most disposal sites. The bill directly affects industrial facilities that manage their own waste streams on-site, altering their regulatory classification without creating new permitting obligations.