HB 221 (BR 389) - L. Belcher, L. Clark, S. Riggs, T. Riner
AN ACT relating to wastewater.
Create new sections of KRS Chapter 65 to express the findings of the General Assembly regarding wastewater and regional wastewater commissions; establish definitions for "commission," "member entity," "organizing official," "wastewater," and "sources of collected wastewater"; permit two or more member entities owning wastewater systems to acquire, construct, operate, and improve those systems; establish a method for member entities to form a regional wastewater commission and appoint commissioners; require no less than three commissioners; set the terms for the commissioners at four years; allow the commission to appoint a chair and other officers; allow member entities to join existing commissions at any time; fix compensation for commissioners and allow the commission to set salaries for other officers and employees; allow the commission's funds to pay expenses of commissioners and employees; require bonding for commissioners and other minor officials; provide that bonds be paid by the commission fund; establish the commission as a public body corporate and politic; exempt the commission from taxation; subject commission meetings and records to meet public meeting and open records requirements; exempt the commission from regulation by the Public Service Commission; allow the commission to set its own rates and terms through contracts with member entities, other parties, and neighboring states; establish minimum contract requirements; require a vote by the commission for rate changes and adjustments and notice requirements prior to rate changes; allow removal of a commissioner for cause; establish a method for a member entity to withdraw from an existing commission; establish the powers of the commission, including powers granted under KRS Chapters 58 and 224A; allow conveyance of public works of a member entity without election or voter approval; permit the commission to establish standards for receiving wastewater and formal procurement of services, construction of facilities, and conveyance of handling of wastewater; amend KRS 58.010 to include regional wastewater commissions in the definition of "governmental agency"; amend KRS 65.067 to conform; amend KRS 224A.011 to include regional wastewater commissions in the definition of "governmental agency" and revise the definition of "infrastructure project" and "water resources project" to include facilities related to the collection, transportation, and treatment of wastewater; amend KRS 278.010 to exclude regional wastewater commissions from the definition of "public utility."
HB 221 - AMENDMENTS
HCS - Retain original provisions of the bill except limit the provisions of the bill to a pilot project area applicable to the counties of Bullitt, Hardin, Jefferson, Meade, Nelson, Oldham, and Spencer; amend definition of "wastewater" and delete definition of "sources of wastewater" in Section 2.
HFA (1, L. Belcher) - Retain original provisions of HB 221/HCS; add institutions and require development be undertaken consistent with applicable planning and that safeguards the waters of the Commonwealth; require the governing body of a member entity in a proposed wastewater commission to publish notice in accordance with KRS Chapter 424 and set minimum standards for the notice; require that the member entity provide written statement of consideration of comments received at the public hearing; set an additional standard if a resolution or ordinance joining a wastewater commission is adopted that it would improve the environment above that would occur without joining the commission; delete appeal provisions to the Circuit Court for a party adversely affected by joining a wastewater commission; delete ability of member entities to file new ordinances or resolutions; require that the commissioner be a resident of the county of the member entity; require any additional member appointed in the event of an even number of commissioner be from one of the other two counties already represented on the commission; require the formation of a commission be to the benefit of the member entity's customer base existing and those already in the commission; require any compensation fixed for personnel, commissioners, contracts be reasonable and similar to that of same sized waste water entities; require the commissioners, secretary, treasurer, and general manager all be bonded with bonds comparable to those required by individuals of other member entities; provide 30 day notice of a hearing to remove a commissioner; require the hearing be conducted by an impartial hearing officer rather than the organizing official; require a formal evidentiary hearing; require a member entity leaving a wastewater commission to give 90 days notice and to condition withdrawal upon satisfying all obligations; require the regional wastewater commission to prescribe standards regarding the characteristics of the wastewater it accepts in accordance with state and federal law; require the infrastructure configuration is cost-effective and safeguards the Commonwealth from pollution; require construction or expansion of facilities be consistent with the regional facilities plan and approved by the Division of Water or the United States Environmental Protection Agency; require contacts between the regional wastewater commission and a utility regulated by the Kentucky Public Service Commission be subject to review and approval by the Kentucky Public Service Commission if the contract would raise rates; require the commission to be a signatory on any permit required by federal, state, or local law in the event the regional wastewater commission contracts for management of a wastewater facility; allow an accountant qualified and experienced to conduct the 5-year audit; prohibit the commission from assuming responsibility for any debts or payment of fines or penalties incurred by a member entity that it owed at the time of the formation of a regional wastewater commission; and amend the definition of "utility" for clarity.
Jan 8-introduced in House
Jan 11-to Local Government (H)
Jan 15-posted in committee
Feb 17-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 18-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 19, 2010
Feb 25-floor amendment (1) filed to Committee Substitute
Mar 1-3rd reading; floor amendment (1) adopted ; returned to the Orders of the Day
Mar 2-floor amendment reconsidered; passed 82-17 with Committee Substitute, floor amendment (1)
Mar 3-received in Senate
Mar 5-to State & Local Government (S)
Mar 19-taken from committee; 1st reading; returned to State & Local Government (S)
Mar 23-taken from committee; 2nd reading; returned to State & Local Government (S)