00RS HB524


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HB 524/FN (BR 884) - J. Wayne, J. Adams, J. Jenkins, S. Riggs

     AN ACT relating to land use and planning, and making appropriations therefor.
     Create a new section of KRS Chapter 100 to set forth legislative intent; amend KRS 100.111 to change definition of "agricultural use" and "subdivision"; and add new definitions; create a new section of KRS Chapter 100 to mandate that planning units adopt more stringent public accessibility and feedback requirements for conduct of meetings; create a new section of KRS Chapter 100 to require the designation of, and conditions for, designating full-service areas and limited service areas; amend KRS 100.187 to require local planning commissions to adopt, within their comprehensive plans, a comprehensive growth policy element and set out conditions of element; amend KRS 100.197 to require the local planning commission to submit its comprehensive plan to the regional planning council for review and comment, and then submit the comprehensive plan to the state planning committee, but not require local planning commission to adopt the regional planning council's comments, require within 6 months of adoption, readoption, or amendment of comprehensive plan, change in zoning and land subdivision regulations to conform to comprehensive plan, and allow any person to commence civil action against the state, region, local government, or planning commission in regard to a comprehensive plan; amend KRS 147A.125 to increase membership of regional planning council by one at-large appointment, who is not an elected or appointed official, for every 5 appointed representatives, require council to review and make comments to local planning commissions on their comprehensive plans, require the council to adopt comprehensive growth policy element for their regional transportation, infrastructure, and land use plans, and require council to submit its plan to the state planning committee for review to the state planning committee, but not require the council to adopt any recommendations; amend KRS 147.070 to require Governor's Cabinet to prepare scenically sensitive road plans, coordinate with regional planning commissions to ensure that both have comprehensive growth policies that are compatible, and have the state planning committee maintain a file of all planning commission's comprehensive plans and plan amendments, and all regional planning councils' transportation, infrastructure, and land use plans and plan amendments, and define "scenic" and "landscape"; create a new section of KRS Chapter 100 to provide incentives to local governments to adopt all the required elements of their comprehensive plans, including land-use management regulations and subdivision-management regulations in accordance with KRS Chapter 100; amend various sections of KRS to conform; amend KRS 147A.021 to allow department to provide technical assistance to local planning commissions and planning officials; amend KRS 147A.090 to require district boards of directors of regional planning councils to employ a minimum of 2 planners to assist local planning commissions; amend KRS 100.203 to give local planning commissions power to pass land-use regulations on scenic districts and corridors, and text provisions to the effect that agricultural activities on land greater than 10 acres are not prohibited, but not impinging on their ability to regulate other uses, including single-family residences, and allow urban-county governments to impose aesthetic requirements on historic zones in addition to existing allowances; amend KRS 100.201 to specify that local planning commissions may enact permanent land use regulations dealing with scenic resources, and allow the local planning commission to designate areas to be developed as neotraditional neighborhoods and set out design guidelines; amend KRS 100.324 to require local planning commissions to adopt and update a plan identifying levels of utility services for areas within their jurisdiction so that the Public Service Commission, when reviewing a utility's application for necessity and convenience, shall not approve any proposal that is not consistent with that plan; amend KRS 45A.045 to prohibit the Finance and Administration Cabinet from purchasing or otherwise acquiring property for uses that are not consistent with uses prescribed for parcels of land within local planning commissions' comprehensive plans; amend KRS 278.650 to conform; appropriate $1,000,000 for the employing of certified planners.


     HCS/FN - Retain original provisions of bill except redefine "street," "subdivision," and "agricultural activity" and remove definitions of "scenic," "scenic view shed," and "landscape" and remove all appurtenant references throughout entirety of bill; amend various sections to delete provisions of bill relative to the additional adoption of regulations pertinent to the conduct of meetings of planning commission; delete provisions of bill relating to limited service areas; add provisions for local legislative bodies for the designation of coordinated service areas, rather than full-service areas, and integration of planning commissions having just completed or completing 5 year update; restructure coordination between state, regional, and local, to remove mandatory approval of state and regional levels for local plan, and increase time for adoption of zoning regulations from 6 to 18 months; remove all incentive provisions from bill as well as conforming amendments relative to the incentives; amend KRS 147A.090 to urge area development districts to hire 2 planners, one of which to be certified, and the other on a certification track, and encourage the ADDs to let those planners assist local planning commissions; amend KRS 100.201 to clarify that provisions for adopting neo-traditional development regulations are permissible, and that the enumerated qualities of a neo-traditional development are guidelines; amend 100.324 to specify that the applications for utility location be submitted to the local planning commission prior to the review of the Public Service Commission, provide that the PSC review the plans for conformity with comprehensive plan rather than zoning regulations and provide that the planning commission then review the utility applications in a public hearing pursuant to KRS Chapter 424 and forward its actions of approval or disapproval to the PSC; remove appropriation for area development districts to hire planners.
     HCA (1/Title, J. Wayne) - Make title amendment.
     HFA (1, J. Wayne) - Amend various sections of the bill to specify the coordinated service areas are areas rather than parcels of land; specify that approval come from local governments with applicable jurisdiction; amend various sections to redefine state, regional and local smart growth elements.

     Feb 1-introduced in House
     Feb 2-to Local Government (H)
     Feb 7-posted in committee
     Mar 9-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Mar 10-2nd reading, to Rules
     Mar 13-floor amendment (1) filed to Committee Substitute
     Mar 16-recommitted to Appropriations and Revenue (H)

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