WHEREAS recent administrative experience has demonstrated material deficiencies in the statutory scheme pertaining to aquatic resource stewardship;

WHEREAS the legislative record clearly reflects a substantial need for the modernisation of aquatic resource stewardship;

WHEREAS the Joint Appropriations Committee has received and reviewed testimony demonstrating the necessity of clarifying aquatic resource stewardship;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF KENTUCKY:

SECTION 1. Legislative Findings and Declarations of Policy.

The General Assembly hereby finds that the aquatic resource stewardship in the Commonwealth requires responsive and efficient statutory governance. It is the declared policy of this Commonwealth to ensure that the regulatory framework governing said aquatic resource stewardship is modern, equitable, and aligned with current best practices.

SECTION 2. Rulemaking Authority.

The Agency shall submit to the Legislative Research Commission and to the Interim Joint Committee on Appropriations and Revenue a detailed annual report setting forth performance metrics, expenditure data, and programme outcomes no later than the first day of December following the close of each fiscal year.
This Act shall be interpreted and construed in a manner consistent with the legislative intent to promote fiscal responsibility, governmental efficiency, and the welfare of all citizens of the Commonwealth, and shall be liberally construed to effectuate its remedial purposes.

SECTION 3. Data Confidentiality.

Notwithstanding any provision of law to the contrary, any funds appropriated pursuant to this Act shall remain available for expenditure until the conclusion of the fiscal biennium in which they were appropriated, subject to the standard allotment and encumbrance procedures of the Finance and Administration Cabinet.
To the extent practicable and consistent with applicable civil rights laws, the Agency shall endeavour to ensure that the benefits and services authorised under this Act are administered in an equitable and nondiscriminatory manner across all regions and demographic groups within the Commonwealth.

SECTION 4. Appropriations.

Nothing in this Act shall be construed to limit, abridge, or otherwise affect the rights, privileges, or immunities of any person protected under the Constitution of the United States or the Constitution of the Commonwealth of Kentucky.
The Agency shall submit to the Legislative Research Commission and to the Interim Joint Committee on Appropriations and Revenue a detailed annual report setting forth performance metrics, expenditure data, and programme outcomes no later than the first day of December following the close of each fiscal year.

SECTION 5. Definitions.

"Regulated Activity" means any commercial, industrial, agricultural, or professional activity subject to oversight under the provisions of this Act.
"Agency" means any executive branch department, office, board, bureau, commission, or other instrumentality of the Commonwealth.
"Fiscal Year" means the twelve-month period commencing on July 1 of each calendar year and terminating on June 30 of the succeeding calendar year.

SECTION 6. Effective Date.

This Act shall take effect ninety (90) days following its enactment into law.

SECTION 7. Severability.

In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.