HB 422 (BR 473) - L. Belcher, L. Clark, R. Crimm, F. Nesler
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 water"; permit two or more member entities owning wastewater systems to jointly 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 commissioners at 4 years, and allow the commission to appoint a chair and officers; allow member entities to join an existing commission at any time; fix compensation for commissioners at $500 per year and allow the commission to fix 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 and bonds paid by the commission fund; establish the commission as a public body corporate and politic; exempt the commission from taxation; require commission meetings 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, nonmember entities and neighboring states; establish minimum contract requirements; require annual audits and cost-allocation studies every five years; require rates to be at actual cost; 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 for procurement of services, construction of facilities, and conveyance and handling of wastewater; amend KRS 58.010 to include regional wastewater commissions in the definition of "governmental agency"; amend KRS 65.067 to add regional wastewater commissions; 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."
Feb 11-introduced in House
Feb 12-to Local Government (H)
Feb 23-posted in committee