06RS HB661


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HB 661/LM (BR 1192) - J. Draud

     AN ACT relating to sanitation districts.
     Amend KRS 220.010 to delete the terms "improvements", "sanitary system" and "sanitary sewers" from the definition of "sanitary works" and include in that definition the conveyance, management, storage, treatment or disposal of sewage or storm water drainage by works, system, facilities, structures, and any other improvements constructed, owned, or operated by a district for those purposes; delete the definition of "district facilities"; amend KRS 220.020 to give the secretary of the Environmental and Public Protection Cabinet the authority to designate and certify the purpose of a sanitation district; amend KRS 220.030 to give sanitation districts the power to acquire other works for the treatment of sanitary sewage and other wastes, including storm water, and to enter into cooperative agreements with other political subdivisions and to implement storm water programs; amend KRS 220.120 to clarify that districts are certified by the commissioner; amend 220.130 to delete requirement that district records have "Sanitation District Records" printed on them and that records are open to inspection; amend 220.135 to delete the requirement that sanitation districts establish uniform rates for service; amend 220.170 to require officers of the sanitation district to be elected annually; delete the requirement for a seal; and clarify that specified records are subject to the Open Records Act; provide for the chair rather than the president, to receive compensation and delete compensation to the treasurer; delete references to corporation and replace with district; amend 220.190 to require the district rather than the treasurer to account for moneys and delete requirement for semi-annual accounting; delete requirement that the treasurer sign checks and make deposits; require two countersignatures on checks; amend KRS 220.200 to provide that the board may employ officers as necessary; amend 220.210 to have the chief engineer make appropriate rather than full reports; amend 220.220 to require that the plan for improvements be created or certified; amend 220.240 to require the approved plan for improvements be filed with the district rather than the secretary of the board of directors; amend 220.250 to make technical corrections; amend 220.260 to prohibit installation of works for the collection or discharge of storm water or sewage until plans have been approved by the district or the Environmental and Public Protection Cabinet; amend 220.280 to delete limitation on the powers of the board of directors and to conform the section to include storm water; amend KRS 220.290 to require the district to comply with KRS Chapter 424 and that procurements not governed by that chapter will be governed by the district's procurement policies and procedures; delete requirement for awarding to lowest bid, advertisements for bids over $1,000, bonding for the successful bidder and specification for plans prepared by a chief engineer in the contract; amend KRS 220.320 to make technical corrections and to delete requirement that regulations cannot take effect until approved by the Environmental and Public Protection Cabinet; permits the board to impose a penalty for violation of regulations, to seek remedy for clean-up costs, and recover attorney's fees; amend KRS 220.322 to provide for disconnection without restriction of nonstorm water inflows to storm water sewers; require property owners to be responsible for maintaining improvements to storm water collection systems made by that person and release the district from liability to maintain those storm water improvements; amend KRS 220.380, 220.420, 220.440, 220.480, and 220.500 to conform; amend KRS 220.510 to authorize the board of directors to determine rates and compensation by regulation for the portion of the sanitary works used for the treatment, storage, conveyance, management, or disposal or sewage; allow for the collection of the charge before the commencement of construction for those improvements to the sanitary works; allow for variation in rates within classes of ratepayers on the basis of consumption; and authorize the board to levy a storm water charge in the rates; amend KRS 220.540 to conform; amend KRS 224.73-100 to delete from the condemnation proceedings and requirements under this section, special districts organized under KRS Chapter 220; repeal KRS 220.180.

     Feb 23-introduced in House
     Feb 24-to Local Government (H); reassigned to Natural Resources and Environment (H)
     Mar 6-posted in committee

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