An act relating to energy




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UNOFFICIAL COPY AS OF 04/10/16 09 REG. SESS. 09 RS HB 362/GA

AN ACT relating to energy.

WHEREAS, Kentucky was among the original party states to ratify the Southern Interstate Nuclear Compact in 1960, contingent upon the ratification of the Compact by the other party states and Congress giving its consent to the Compact, both of which were soon forthcoming; and

WHEREAS, in 1977 the mission of the Southern Interstate Nuclear Compact was proposed to be broadened to address the general enhancement of economic development and quality of life in the South through innovation in energy resources of all kinds and other appropriate environmental policy, programs, and technologies, and that broader role was formally presented to the party states through the Southern States Energy Compact; and

WHEREAS, Kentucky ratified the Southern States Energy Compact in 1982 by enacting 1982 Ky. Acts Chapter 76, but the effective date of that ratification was made contingent in Section 4 of that Act upon the ratification of the Compact by the 15 other party states and the consent of Congress; and

WHEREAS, Congress has not seen fit to formally give its consent to the current Compact over the last 26 years, though it recognizes the broader role the states play under the Compact as if it had; and

WHEREAS, as a result our current Compact statutes still show that they are not effective, and it is in the best interest of the Commonwealth to clear up this anomaly and give full force and effect to the current Compact by deleting the outdated statutes;

NOW, THEREFORE,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. 1982 Ky. Acts Chapter 76, Section 4 is hereby repealed, and Kentucky's ratification of the Southern States Energy Compact and supporting statutes concerning Kentucky's participation in Compact affairs as contained in KRS 152.200, 152.210, and 152.212 shall be effective on the effective date of this Act.

Section 2. KRS 152.713 is amended to read as follows:

(1) For purposes of this section, "renewable energy" has the same meaning as in KRS 154.20-400.

(2) The Center for Renewable Energy Research and Environmental Stewardship (CRERES) is hereby created and attached to the Environmental and Public Protection Cabinet[Governor's Office of Energy Policy] for administrative purposes.

(3) The Environmental and Public Protection Cabinet[Governor's Office of Energy Policy] shall:

(a) Coordinate and cooperate with the University of Louisville to ensure that the functions of the CRERES in subsection (5) of this section are carried out and that the CRERES functions effectively;

(b) Provide the University of Louisville with requested information, data, and reports that may assist the University of Louisville in establishing and operating CRERES;

(c) Encourage the cooperation of other Kentucky state agencies that are able to contribute resources to the University of Louisville for the purposes for which CRERES was established;

(d) Provide consultation, coordination services, technical assistance, and staff support to CRERES and its[the] board of directors[ created in subsection (4) of this section,] on an as-needed basis;

(e) Facilitate coordination among Kentucky universities to carry out the strategic research agenda of the CRERES as established by the board of directors in subsection (6) of this section;[,] and

(f) Perform other necessary administrative functions until the center is deemed fully operational.[ The executive director of the office or his or her designee shall coordinate the development of the center and act as the chair of the board of directors created in subsection (4) of this section until the board is established and is operational.]

(4) The University of Louisville shall:

(a) Staff and operate the CRERES for the purposes in subsection (5) of this section;

(b) Provide the Environmental and Public Protection Cabinet and the General Assembly with annual status reports on the progress of CRERES, no later than November 1 of each year;

(c) Collaborate with the Environmental and Public Protection Cabinet to avoid duplication of efforts, provide appropriate data and information, and support the implementation of Kentucky's comprehensive energy strategy;

(d) Establish a competitive proposal process with external peer review for research projects at Kentucky postsecondary institutions to be used in awarding state funds appropriated or otherwise received by the CRERES;

(e) Coordinate with CRERES' board of directors to ensure that the goals of CRERES are met, including but not limited to supporting development in the area of renewable energy and providing staff support when necessary; and

(f) Appoint an executive director of the CRERES through close collaboration between the president of the University of Louisville and the CRERES governing board.

(5)[(3)] The Center for Renewable Energy Research and Environmental Stewardship shall:

(a) Provide leadership, research, support, and policy development in renewable energy;

(b) Advance the goal of renewable energy;

(c) Promote technologies, practices, and programs that increase efficiency in energy utilization in homes, businesses, and public buildings;

(d) Emphasize energy policies that would result in cost-conscious, responsible development of Kentucky's energy resources and a commitment to environmental quality;

(e) Promote partnerships among the state's postsecondary education institutions, private industry, and nonprofit organizations to actively pursue federal research and development resources that are dedicated to renewable energy; and

(f) Promote the continued development of public-private partnerships dedicated to promoting energy efficiency through education and outreach[;

(g) Establish research priorities with approval of the board of directors created in subsection (4) of this section, relating to renewable energy, and develop procedures and processes for awarding research grants to eligible recipients as defined by the board and to the extent that funding is available;

(h) Collaborate with the Governor's Office of Energy Policy to avoid duplication of efforts, provide appropriate data and information, and support the implementation of Kentucky's comprehensive energy strategy; and

(i) Carry out other activities to further the efficient and environmentally responsible use of renewable energy].

(6)[(4)] (a) There is hereby created a governing board of directors to provide policy direction, establish a strategic research agenda and operating policies, and provide financial and operational oversight for the Center for Renewable Energy Research and Environmental Stewardship.[ The initial board shall be appointed within sixty (60) days following July 15, 2008.]

(b) The board shall consist of sixteen (16)[thirteen (13)] members:

1. [One (1) member to represent ]The secretary of the Environmental and Public Protection Cabinet or his or her designee, who shall serve as the chair;

2. The dean of the University of Louisville J.B. Speed School of Engineering and one (1) designee of the president of the University of Louisville, as approved by the Governor;

3. Two (2)[Governor's Office of Energy Policy as designated by its executive director;

2. Three (3)] members representing postsecondary education interests in addition to the University of Louisville appointees, who shall be appointed by the Governor;

4. One (1) representative of the U.S. Department of Energy appointed by the secretary of the Environmental and Public Protection Cabinet;

5. One (1) representative of the Southern States Regional Energy Board as appointed by the Governor;

6.[3.] One (1) member to be designated by the governing body of the Kentucky Science and Technology Corporation;

7.[4.] One (1) member from an energy conservation organization who shall be appointed by the Governor;

8.[5.] The secretary of the Economic Development Cabinet or the secretary's designee;

9.[6.] One (1) member who shall be a recognized consumer advocate to be appointed by the Governor;

10.[7.] Three (3) members to represent companies that are focused on renewable energy who shall be appointed by the Governor;

11.[8.] One (1) member who shall represent environmental interests to be appointed by the Governor; and

12.[9.] One (1) member who shall be selected to represent local government interests to be appointed by the Governor.

(c) The members appointed by the Governor shall serve two (2) year terms and may be reappointed. The members representing specific agencies shall serve for as long as the respective agencies determine appropriate.

(7)[(5)] The board shall:

(a) Adopt operating procedures, including a meeting schedule;

(b) Meet at least quarterly;

(c)[ Select a chair and co-chair annually who may be reelected, not to exceed three (3) consecutive terms;

(d)] Establish working groups or subcommittees of the board as the board determines is needed;[

(e) Establish qualifications and job descriptions, set the compensation and benefits, and employ staff as it determines necessary to carry out its responsibilities under this section;] and

(d)[(f)] Provide an annual program and financial report to the Legislative Research Commission within ninety (90) days of the close of each fiscal year.


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HB036210.100-1315 GA




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