House Bill 563

Actions | Amendments
Last Action 04/12/24: delivered to Secretary of State
Title AN ACT relating to public water and wastewater systems, making an appropriation therefor, and declaring an emergency.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Fiscal Note
Additional Fiscal Impact Statements Exist
Bill Request Number 1044
Sponsors J. Bray, J. Petrie, A. Bowling, J. Branscum, D. Lewis, M. Meredith
Summary of Original Version Create new sections of KRS Chapter 224A to define terms; establish the Kentucky Water and Wastewater Assistance for Troubled or Economically Restrained Systems Program under the Kentucky Infrastructure Authority (KIA) to provide for a loan application and evaluation process for eligible public water and wastewater systems to seek loan funds from the General Assembly; require the KIA to make available applications under the program, verify eligibility of proposed recipients, award loans as directed by the General Assembly, enforce compliance with loan conditions, and report quarterly to the General Assembly on the status of all loans under the program; allow the Kentucky Rural Water Association (KRWA) to contract or consult with third-party consultants, state agencies, or special purpose governmental entities in discharging its duties; require finalized loan applications to be made available to the public; allow eligible public water and wastewater systems to submit applications for regional projects; provide for forfeiture and repayment of loans; require the KRWA to evaluate applications according to specified criteria and to submit an annual report to the Legislative Research Commission containing the evaluations and scores of the proposed loan recipients; establish the Kentucky water and wastewater assistance for troubled or economically restrained systems fund; provide that all moneys in the fund shall be allocated by the General Assembly for providing loans for eligible projects; require that interest rates for loans be set in the same manner as the interest rates for loans from the federally-assisted wastewater and water supply resolving funds, except that the interest rates shall be one-half of a percent lower; establish the emergency Kentucky water and wastewater assistance for troubled or economically restrained systems fund; provide that moneys from the fund be dedicated to providing loans for capital and non-capital expenses relating solely to restoring or avoiding imminent interruption of utility service provided by a public water or wastewater system after a statewide or local emergency has been declared; allow the authority to require a corrective action plan to be submitted with a loan application; require that interest rates for loans be set in the same manner as the interest rates for loans form the federally-assisted wastewater and water supply resolving funds; create a new section of KRS Chapter 96 to define terms; create a forbearance period of three years for a utility acquiring a public water or wastewater system with existing violations; require the acquiring utility to correct past violations during the forbearance period; defer fines and penalties during the forbearance period; prioritize funding from the KIA for projects where the acquiring utility is making improvements to the acquired system; allow for a waiver of accrued fines and penalties if all deficiencies have been corrected and the public water or wastewater system has been sold to the acquiring utility or if the utility adopts a management and operations agreement handled by a well-operated utility; require the acquiring utility to make records available to ensure compliance; after the expiration of the forbearance period, allow the Energy and Environment Cabinet and the Public Service Commission to either waive fines and penalties, collect fines and penalties, or grant a discretionary extension of the forbearance period; allow priority in funding from the KIA to be predicated on timely payment of deferred fines and penalties; prohibit an acquired water or wastewater systems to which a forbearance period applied from being eligible for any additional forbearance periods; amend KRS 224A.316 to remove repetitive language and to require the KIA to prioritize funding for a utility acquiring a public water or wastewater system for the correction of deficiencies in the system identified in state and federal violations; APPROPRIATION.
Index Headings of Original Version Disasters - Kentucky WWATERS emergency fund, public water and wastewater systems, establishment
Loans and Credit - Kentucky WWATERS Program, public water and wastewater systems, loans, eligibility, application
Public Utilities - Public water or wastewater systems, forbearance period, fines and penalties
Public Works - Kentucky WWATERS Program, public water and wastewater systems, eligibility, application procedure
Public Works - Public water or wastewater systems, forbearance period, correction of deficiencies
Sewer Systems - Kentucky WWATERS Program, public water and wastewater systems, eligibility, application procedure
Sewer Systems - Public water or wastewater systems, forbearance period, correction of deficiencies
Water Supply - Kentucky WWATERS Program, public water and wastewater systems, eligibility, application procedure
Water Supply - Public water or wastewater systems, forbearance period, fines and penalties
Appropriations - Kentucky WWATERS fund, public water and wastewater systems, establishment
Reports Mandated - Kentucky Infrastructure Authority, public water and wastewater system assistance, loans, report
Reports Mandated - Kentucky Rural Water Association, public water and wastewater loan assistance, evaluation, report
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Committee Amendment 1 with Fiscal Impact Statements
House Floor Amendment 1
Votes Vote History
Governor's Veto Message Veto

Actions

Top | Amendments
02/15/24
  • introduced in House
  • to Committee on Committees (H)
02/21/24
  • to Appropriations & Revenue (H)
03/05/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
03/06/24
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Thursday, March 07, 2024
03/08/24
  • floor amendment (1) filed to Committee Substitute
03/11/24
  • 3rd reading, passed 93-0 with Committee Substitute (1), Floor Amendment (1) and Committee Amendment (1-title)
03/12/24
  • received in Senate
  • to Committee on Committees (S)
03/14/24
  • to Agriculture (S)
03/21/24
  • reported favorably, 1st reading, to Consent Calendar
03/22/24
  • 2nd reading, to Rules as a consent bill
03/25/24
  • posted for passage in the Consent Orders of the Day for Tuesday, March 26, 2024
  • recommitted to Appropriations & Revenue (S)
03/28/24
  • reported favorably, to Rules
  • posted for passage in the Regular Orders of the Day for Thursday, March 28, 2024
  • 3rd reading, passed 38-0
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/09/24
  • 1 line items vetoed
04/12/24
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 79-19
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 30-6
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Secretary of State

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Fiscal Note to House Committee Substitute 1
Summary Retain original provisions, except add a definition for "board"; remove references to the responsibilities of the Kentucky Rural Water Association in the administration of the WWATERS Program and replace with references to the Kentucky Infrastructure Authority board; require an eligible loan recipient to comply with any internal management and governance procedures that the authority may impose; require the authority board to hold at least monthly meetings to discharge its duties under the section; require the authority to engage in financial reviews of proposed loan recipients to ensure that they will be able to repay the requested loans; require the authority to award loan funds within 60 days of the effective date of the legislative act that authorizes and appropriates the funds; require that the authority board issue eligibility determinations and project scores within 30 days of receiving complete loan applications; remove new section of KRS Chapter 96 and create a new section of KRS Chapter 65 to replace it; restore language relating to the authority's implementation of a program to provide financial assistance to governmental agencies for capital and non-capital expenses; EMERGENCY.
Index Headings Fiscal Note - Kentucky WWATERS Program, public wastewater systems, loand, eligibility, requirements
Effective Dates, Emergency - Kentucky WWATERS Program, public water and wastewater systems, loans, eligibility, application
Financial Responsibility - Kentucky WWATERS Program, public wastewater systems, loans, eligibility, requirements
Loans and Credit - Kentucky WWATERS Program, public wastewater systems, loan awards, timing requirements
Sewer Systems - Kentucky WWATERS Program, public wastewater systems, loans, eligibility, requirements
State Agencies - Kentucky Infrastructure Authority board, Kentucky WWATERS Program, administration
Water Supply - Kentucky WWATERS Program, public water systems, loans, eligibility, requirements
Boards and Commissions - Kentucky Infrastructure Authority board, Kentucky WWATERS Program, administration

Amendment House Committee Amendment 1
Fiscal Impact Statement Fiscal Note to House Committee Amendment 1
Sponsor J. Bray
Summary Make title amendment.
Index Headings Title Amendments - HB 563

Amendment House Floor Amendment 1
Sponsor J. Bray
Summary Replace all instances of "loan" or "loans" with "funding" or "funds" in Sections 1 and 2 of the Act; require the Kentucky Infrastructure Authority board to submit, with its evaluations and scores of proposed funding recipients, proposals for the structure and terms of the funding; allow funding from the WWATERS fund to be awarded in the form of grants, loans, no-interest loans, or forgivable loans as proposed by the board and determined by the General Assembly; provide that no interest rate for a loan awarded from the WWATERS fund be less than zero percent; allow the Kentucky Infrastructure Authority to use up to one-half of one percent of moneys deposited into the WWATERS fund for administrative expenses; provide that priority treatment for authority funding for systems acquired under Section 4 of the Act shall only apply during the forbearance period granted by that section.
Index Headings Loans and Credit - WWATERS Program, public water and wastewater systems, authorized types of funding, grants, loans
Public Utilities - WWATERS Program, public water and wastewater systems, authorized types of funding, grants, loans
Sewer Systems - WWATERS Program, public wastewater systems, authorized types of funding, grants, loans
State Agencies - Kentucky Infrastructure Authority, WWATERS Program duties, administrative fee
Water Supply - WWATERS Program, public water systems, authorized types of funding, grants, loans

Last updated: 4/18/2024 12:47 PM (EDT)