AN ACT relating to environmental administrative regulations.

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AN ACT relating to environmental administrative regulations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Applicable environmental requirement" means an environmental 6
requirement or regulatory standard imposed by an administrative regulation 7
or proposed amendment to an existing administrative regulation 8
promulgated under the statutory authority of KRS Chapter 39E, 109, 146, 9
151, 211, 224, or 350; 10
(b) "Best available science" means science that: 11
1. Is reliable, unbiased, subject to independent verification, and applies 12
to the administrative regulation; 13
2. Maximizes the quality, objectivity, relevance, completeness, and 14
integrity of information, including: 15
a. Statistical information; 16
b. Human, animal, and other relevant scientific studies; and 17
c. If applicable, human health risk-based assessments; and 18
3. Involves the use of scientifically defensible quality -assured supporting 19
studies conducted in accordance with generally accepted scientific or 20
technical practices utilizing data collected by generally accepted 21
methods or best available methods that are: 22
a. Site-specific studies, including areawide or statewide studies; 23
b. Studies published in a refereed journal; or 24
c. External peer -reviewed studies cont ained in a federal 25
government report published for a purpose other than 26
development of an administrative regulation; 27
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(c) "Generally accepted scientific or technical practices" means scientific 1
methods, principles, or protocols that: 2
1. Are broadly acknowle dged and routinely applied by the relevant 3
scientific community; 4
2. Are consistent with refereed journal literature or established technical 5
standards; and 6
3. Have been tested for reliability and validity; 7
(d) "Manifest bodily harm" means a physical disease or injury that is: 8
1. Presently existing and diagnosable; 9
2. Not based solely on the presence or detection of a substance in the 10
human body; and 11
3. Not based solely on an increased risk of disease; 12
(e) "Refereed journal" means a publication that: 13
1. Uses an editorial board or critical review panel of subject -matter 14
experts in the relevant scientific or technical disciplines who critically 15
and objectively assess the methodology and analysis of submitted 16
scientific studies in a nonpartisan fashion and provi de editorial 17
services prior to publication; and 18
2. Takes meaningful steps to avoid biases in its scientific review process; 19
and 20
(f) "Weight of scientific evidence" means an approach to scientific evaluation 21
in which each piece of relevant information is co nsidered based on its 22
quality and relevance, which, at a minimum, shall include consideration of 23
study design, fitness for purpose, replicability, peer review, and 24
transparency and reliability of data, and is then transparently integrated 25
with other releva nt information to inform the scientific evaluation prior to 26
making a judgment about the scientific evaluation. 27
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(2) (a) Any administrative regulation related to setting an applicable 1
environmental requirement shall not be more stringent or extensive in 2
scope, coverage, or effect than any federal law or regulation regarding the 3
same or a substantially similar topic. 4
(b) In the absence of a federal law or regulation regarding the same or a 5
substantially similar topic, any administrative regulation setting an 6
applicable environmental requirement shall not be proposed or promulgated 7
unless all scientific and technical information relied on to support the 8
administrative regulation is based upon the best available science and the 9
weight of scientific evidence, and the administrative regulation is 10
technologically achievable at an applicable scale. 11
(c) For any administrative regulation relating to an applicable environmental 12
requirement subject to paragraph (b) of this subsection that is proposed or 13
promulgated by an agency to protect human health, safety, or welfare, the 14
following additional requirements shall apply: 15
1. The best available science and the weight of scientific evidence shall 16
establish a direct causal link between exposure at or above any 17
standards set f orth in the administrative regulation and manifest 18
bodily harm in humans based on generally accepted scientific or 19
technical practices; and 20
2. In the absence of data from voluntary scientific studies on humans, 21
the best available science and the weight of scientific evidence may be 22
based on tests performed on experimental animal species or human 23
and animal cells establishing a direct causal link, based on generally 24
accepted scientific or technical practices, between exposure at or 25
above any standards set fo rth in the administrative regulation and 26
manifest bodily harm in humans, provided the harm can be 27
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extrapolated to humans based upon the best available science and the 1
weight of scientific evidence. 2
(3) This section shall not apply to: 3
(a) Any administrative regulation that is required by federal law or regulation, 4
including but not limited to administrative regulations promulgated to 5
comply with, and in furtherance of, federal agency authorization or primacy 6
requirements; 7
(b) Any administrative regulation that is less stringent or less extensive in 8
scope, coverage, or effect than any federal law or regulation setting an 9
applicable environmental requirement on the same or a substantially 10
similar topic or a ny administrative regulation that is substantively 11
equivalent to a federal law or regulation; 12
(c) Any administrative regulation that would repeal, pursuant to KRS 13A.310, 13
or amend an existing administrative regulation to render it less stringent or 14
less extensive in scope, coverage, or effect; or 15
(d) Any emergency administrative regulation. 16
(4) This section shall not be construed to replace, conflict with, or otherwise render 17
inapplicable any other provision of this chapter. 18
(5) This section applies to any administrative regulation that is proposed or adopted 19
on or after the effective date of this Act. 20