Phillip M. Bailey

@phillipmbailey

A bill that would overturn Louisville’s ban on the use of plastic bags for yard waste sailed through the Republican-controlled Kentucky House of Representatives on Wednesday.

The measure, House Bill 246, would abolish the city-county solid waste management district, commonly referred to as the 109 Board. It also would eliminate all of its rules and regulations — including the plastic bag ban — at the end of August 2017 unless they are reauthorized by a new board.

The measure is one of two in this year's legislative session that Democrats have dubbed as part of a "war on Louisville" being waged by GOP state lawmakers. It passed by a 66-29 vote.

►RELATED: What are the 'war on Louisville' bills?

Republican state Rep. Jerry Miller of Louisville, who sponsored the bill, told the Courier-Journal the legislation is about protecting the rights of residents who live within the more than 80 smaller cities inside Louisville Metro.

“This is not Frankfort versus Louisville,” he said. “It is about ensuring the waste management board respects everyone impacted by their decisions.”

But several Democratic lawmakers representing Jefferson County who took to the House floor on Wednesday said the proposal is a clear attempt to undermine the city's environmental regulations.

“It’s a slap in the face to the majority of our voters in Jefferson County who have told me they can take care of themselves,” said state Rep. Mary Lou Marzian, D-Louisville. “We don’t want Frankfort telling us what to do.”

Others pointed out that Mayor Greg Fischer and a majority of Louisville Metro Council members oppose the legislation.

“I think this bill is an overreach,” said state Rep. Jeff Donohue, D-Louisville. “There’s room for improvement but we have to look toward the future and I don’t think this legislation is right."

Council Republicans have never liked the city's ban on plastic bags to collect yard waste and have tried to repeal the law for years. And other local leaders, such as Jeffersontown Mayor Bill Dieruff, said they support the changes.

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Under the proposal, the waste board's members would be expanded from five to seven. Fischer would still make the appointments but they would be subject to council approval and the legislation makes new requirements on where those board members should live and institutes term limits.

Miller's bill also says any new rules — such as a replacement plastic bag ban — could not be enforced unless approved by Metro Council or the councils in those smaller suburban cities.

The measure has an emergency clause meaning it immediately becomes law once signed by the governor. It now heads to the state Senate.

Besides the plastic bag bill, there are a handful of measures that deal with Louisville — and in some cases Lexington — exclusively. They seek to make significant changes to how the city operates with varying degrees of support among Fischer and council members. Read about them here.

Reporter Phillip M. Bailey can be reached at 502-582-4475 or pbailey@courier-journal.com