On the surface, House Bill 137 sounds straightforward: Only the most "current data collection methods" approved by the Environmental Protection Agency can be used in cases brought against alleged air polluters.
The sponsor, Republican Rep. Jim Gooch, put it this way.
"It ensures that any data collected using a method that does not meet EPA requirements is not admissible or considered in any enforcement proceedings," the lawmaker told his House colleagues Wednesday.
Gooch and other supporters characterize the measure as one meant to ensure accuracy in cases where the Kentucky Energy and Environment Cabinet or Jefferson County are determining whether clean air laws have been violated.
But critics argue citizens and scientists play a key role in documenting and alerting authorities about potential violations.
Rep. Rachel Roarx, a Louisville Democrat, said ordinary residents may not be using the precise methods dictated by the EPA, but they're frequently the first to feel the effects of pollution and report it.
"They're often our front line to being able to report to folks like air pollution control district and let the authorities know that something has occurred when the normal scientific mechanisms have not been triggered or alerted," she countered.
That evidence gathered by citizens could still be brought to the attention of authorities, but that's where its impact might end. Under HB 137, the data would not be presented in enforcement proceedings.
Lexington Rep. Anne Donworth was another "no" vote, suggesting the bill "suppresses citizen observation."
The bill cleared the House 73-16 and now moves to the Senate.
