Committee backs bill letting Energy and Environment Cabinet regulate invasive plants

House Bill 640 would authorize the Kentucky Energy and Environment Cabinet to promulgate administrative regulations to control the spread of invasive nonnative plant species, the committee heard.

Steve Cull, an environmental scientist consultant with the Division of Forestry, told the Committee on Natural Resources and Energy that the measure would amend state statute to allow the cabinet to develop rules addressing invasive plants. "House Bill 640 amends KRS 22410 to 100 to authorize the Energy and Environment Cabinet to promulgate administrative regulations to control the spread of invasive non native plant species," Cull said. He said invasive plants can harm forest health, native plants and the state economy.

Cull identified the Callery pear — commonly sold as the Bradford pear — as a highly invasive species. "You may not know it as Callery pear, but Bradford pears are a Callery pear," he said, adding that the Kentucky Exotic Pest Plant Council has deemed Callery pear a severe threat and that other groups such as the Kentucky Association of Conservation Districts support limits on the tree. Cull noted that several Eastern states have restricted or banned the sale of Callery pear; he referenced Ohio legislation enacted in February 2023 that makes it illegal to sell, grow or plant the species.

A committee member asked whether the bill itself would ban sale or planting of Bradford pears; Cull responded that the bill does not currently enact a sales ban but would give the cabinet authority to pursue administrative regulations and go through that rulemaking process. "Not presently. It allows us to make administrative regulations go through that process," he said.

Committee members moved and seconded the measure and, after a roll call, the committee gave House Bill 640 a favorable report. Chair Gooch said, "House Bill 640 passes with favorable expression, and the same should pass on the House floor." The committee record shows no amendments were adopted during discussion.

Why it matters: supporters said the bill would provide a state-level mechanism to address invasive plants that can displace native species and damage forest resources; opponents and some members asked for clarity that the bill itself does not immediately ban sales or planting without subsequent rulemaking.

The bill presentation and the committee vote were recorded in the committee transcript.