09RS House Bill 422

House Bill 422

Actions

Last Action	posted in committee
Title	AN ACT relating to wastewater.
Bill Documents	Bill
Bill Request Number	473
Sponsors	L. Belcher, L. Clark, R. Crimm, F. Nesler
Summary of Original Version	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."
Index Headings of Original Version	Bonds of Surety - Regional wastewater commissions, public officers, surety bonds for Bonds, Public - Regional wastewater commissions, public bonds, authority to issue Cities - Regional wastewater commissions, cities, establishment of Counties - Regional wastewater commissions, counties, establishment of Deeds and Conveyances - Public works, regional wastewater commissions, authority to acquire Eminent Domain and Condemnation - Condemnation, regional wastewater commissions, authority for Environment and Conservation - Regional wastewater commissions, environment, protection of Land Use - Public works, regional wastewater commissions, method of conveyance Local Government - Regional wastewater commissions, authority to join Negotiable Instruments - Financial instruments, regional wastewater commissions, utilization of Notices - Public meetings requirements, regional wastewater commissions, exemption from Pollution - Wastewater, contamination, services for Property - Regional wastewater commissions, acquisition of property Public Utilities - Regional wastewater commissions, exemption from regulation Sewer Systems - Regional wastewater commissions, acquisition of Waste Management - Wastewater, regional wastewater commissions, treatment services for Water Supply - Regional wastewater commission, wastewater services, provision of

02/11/09	introduced in House
02/12/09	to Local Government (H)
02/23/09	posted in committee