Title XII, Conservation and State Development

KRS 154.24-010 to 154.24-150 shall be known as the Kentucky Jobs Development Act.

approved projects. New applications shall not be accepted or considered under this subchapter on or after June 26, 2009. All outstanding projects with preliminary or final approval under this subchapter as of June 26, 2009, shall continue to be governed by the provisions of this …

Catchline at repeal: Eligibility for loan.

As used in this subchapter: (1) "Activation date" means a date selected by an approved company and set forth in the jobs retention agreement at any time within a three (3) year period after the date of final approval of the agreement by the authority upon which the required inves…

Preliminary approval. (1) The criteria for approval of eligible companies and jobs retention projects shall include but not be limited to: (a) The need for the project, as indicated by the impact of the existing facility upon the local community and the economic and employment im…

permitted inducements. (1) The authority, upon adoption of its final approval, may enter into, with any approved company, an agreement with respect to the jobs retention project. The terms and provisions of each agreement, including the amount of approved costs, the amount of the…

Revenue to make annual report to authority. (1) The approved company may require that each employee subject to the income tax imposed by KRS 141.020, whose job was preserved or created as a result of the project, as a condition of employment or the retention of employment, agree …

activation date -- Inducements, when authorized. (1) If an approved company makes additional investments in the form of additional jobs retention projects during the term of the initial jobs retention project, the approved company may apply for, and the authority may approve, a s…

Catchline at repeal: Loan term; security.

As used in this subchapter, unless the context clearly indicates otherwise: (1) "Agreement" means a revitalization agreement entered into, pursuant to KRS 154.26-090, on behalf of the authority and an approved company with respect to an economic revitalization project; (2) "Agrib…

The General Assembly finds and declares that the general welfare and material well-being of the citizens of the Commonwealth depends in large measure upon the revitalization and development of industry in the Commonwealth, and that it is in the best interest of the Commonwealth t…

Catchline at repeal: Kentucky Industrial Revitalization Authority.

Catchline at repeal: Powers of authority.

The secretary of the Cabinet for Economic Development shall provide sufficient personnel to serve as staff for the authority in order to permit the authority to adequately discharge its duties and responsibilities prescribed in KRS 154.26-015 to 154.26-100.

No director or officer of the authority shall be subject to any personal liability or accountability by reason of his execution of any obligation duly authorized by the authority.

The authority may accept and expend moneys which may be appropriated from time to time by the General Assembly, or moneys which may be received from any source, including income from the authority's operations for effectuating its purpose, including, without limitation, the payme…

(1) No director, officer, or employee of the authority shall be interested, directly or indirectly, or shall be an officer or employee, or have an ownership interest in any firm or corporation interested, directly or indirectly, in any contract with the authority. (2) Should a di…

-- Request for emergency declaration -- Authorizing resolution -- Application for and approval of supplemental projects -- Meetings. (1) The authority shall establish standards for the determination and approval of eligible companies and their projects by the promulgation of admi…

before July 13, 2004. (1) If, prior to July 13, 2004, the authority has given its preliminary approval designating an eligible company as a preliminarily approved company and authorizing the undertaking of an economic revitalization project, but has not entered into a final agree…

preliminarily approved on or before June 30, 2021. If an eligible company has not received preliminary approval on or before June 30, 2021, the eligible company shall not receive final approval by the authority to become an approved company under this subchapter. Outstanding elig…

Occupational license fee termination -- Assessment fee -- Effect of excess in assessments. (1) The authority, upon adoption of its final approval, may enter into, with any approved company, an agreement with respect to its project or a supplemental project agreement with respect …

Committee on Appropriations and Revenue. By July 1, 2019, and by each July 1 thereafter, the authority and the Department of Revenue shall jointly provide a report to the Interim Joint Committee on Appropriations and Revenue for each project approved under this subchapter. The re…

approved company. (1) The approved company may require that each employee subject to the income tax imposed by KRS 141.020, whose job was preserved or created as a result of the project or supplemental project, as a condition of employment or the retention of employment, agree to…

KRS 154.26-010 to 154.26-100 shall be known as the Kentucky Industrial Revitalization Act.

If the authority gives its preliminary approval designating an eligible company and authorizing the undertaking of an economic revitalization project prior to July 15, 1996, and the authority by final approval approves the eligible company as an approved company and the project o…

before July 13, 2004. (1) If, prior to July 13, 2004, the authority has given its preliminary approval designating an eligible company as a preliminarily approved company and authorizing the undertaking of an economic revitalization project, but has not entered into a final agree…

Costs incurred by an applicant in remediating a property in accordance with KRS 224.1- 510 to 224.1-532 shall be considered eligible costs for the purposes of KRS 154.26-010 to 154.26-100.

costs. Costs incurred by an applicant required for the start-up of a blast furnace and related carbon steel-making operations that were idled due to unfairly traded imports of carbon steel shall be considered eligible costs for the purposes of KRS 154.26-010 to 154.26- 100.

Catchline at repeal: Regulations.

As used in this subchapter: (1) "Activation date" means the date on which an approved company begins incurring recoverable costs or engaging in recoverable activity pursuant to the tax incentive agreement. The activation date shall be set forth in the tax incentive agreement and …

Incentives. (Effective July 1, 2021) (1) This subchapter shall be known as the "Incentives for Energy-related Business Act." (2) The General Assembly hereby finds and declares that it is in the best interest of the Commonwealth to induce the location of innovative energy-related …

projects involving new, retrofitted, or upgraded alternative fuel facilities. (Effective July 1, 2021) (1) A company with an eligible project may submit an application for incentives to the authority prior to making any capital investment it will seek to recover. (2) The applicat…

The terms and conditions of the tax incentive agreement shall be negotiated between the authority and the approved company. The tax incentive agreement may include one (1) or more of the incentives available under this subchapter or any combination of the incentives as negotiated…

Monitoring, tracking, and reporting requirements. (1) The department may release to an approved company any sales tax incentives under KRS 139.517 and 154.27-070 after review of the request for incentives required by KRS 139.517 and determination of the amount due regardless of w…

(1) (a) Notwithstanding any other provision of KRS 134.580 or KRS Chapter 143, an approved company that purchases or severs coal that: 1. Is subject to the tax imposed under KRS 143.020; and 2. Is used by the approved company exclusively as feedstock for an alternative fuel facil…

(1) Notwithstanding KRS 134.580(3) and 139.770, on or after January 1, 2008, an approved company is eligible for an incentive in an amount up to one hundred percent (100%) of the Kentucky sales and use tax paid, reduced by the vendor compensation provided under KRS 139.570, on th…

employees' wages. An approved company may be eligible for income tax-related incentives as follows: (1) A credit of up to one hundred percent (100%) of the Kentucky income tax imposed under KRS 141.040 or 141.020, and the limited liability entity tax imposed under KRS 141.0401 th…

disbursement amount -- Schedule for disbursement -- Repayment. (1) An approved company may be eligible for the advance disbursement of a portion of the post-construction period incentives for which it has been approved. The amount of the advance disbursement shall be based on the…

(Effective July 1, 2021) No application for incentives found in KRS 154.27-010 to 154.27-100 shall be accepted by the authority for alternative fuel facilities, gasification facility, energy-efficient facility, renewable energy facility, or a carbon dioxide transmission pipeline …

condemnation under Eminent Domain Act -- Legislative determination of essential public use. (1) For the purposes of this section, "carbon dioxide transmission pipeline" has the same meaning as in KRS 154.27-010. (2) If a carbon dioxide transmission pipeline company has received a…

Catchline at repeal: Revolving fund established.

As used in KRS 154.28-010 to 154.28-100, unless the context clearly indicates otherwise: (1) "Activation date" means a date selected by an approved company in the agreement at any time within the two (2) year period after the date of final approval of the agreement by the authori…

The General Assembly hereby finds and declares that the general welfare and material well-being of the citizens of the Commonwealth depends in large measure upon the development and growth of industry in the Commonwealth, and that it is in the best interest of the Commonwealth to…

The secretary of the Cabinet for Economic Development shall provide sufficient personnel to serve as staff for the authority in order to permit the authority to adequately discharge its duties and responsibilities prescribed in KRS 154.28-015 to 154.28-090 and 141.400.

No director or officer of the authority shall be subject to any personal liability or accountability by reason of his execution of any obligation duly authorized by the authority.

The authority may accept and expend moneys which may be appropriated from time to time by the General Assembly, or moneys which may be received from any source, including income from the authority's operations, for effectuating its purpose, including, but not limited to, the paym…

authority. (1) No director, officer, or employee of the authority shall be interested, directly or indirectly, or shall be an officer or employee of or have an ownership interest in any firm or corporation interested, directly or indirectly, in any contract with the authority. (2…

Authorizing resolution. (1) The authority shall promulgate standards for the determination and approval of eligible companies and their economic development projects in accordance with KRS Chapter 13A. (2) The standards for approval of eligible companies and economic development …

- Tax credits and assessments as inducements for approved companies -- Assignment of agreement -- Documentation of expenditures -- Suspension of inducements -- Authority's remedies in case of failure to comply -- Activation date -- Duties of Department of Revenue. The authority, …