Title XII, Conservation and State Development

directors -- Qualifications -- Appointment -- Terms -- Vacancy -- Removal. (1) The Kentucky Assistive Technology Loan Corporation is created and established as an independent de jure municipal corporation and political subdivision of the Commonwealth of Kentucky to perform essent…

Disclosure of interest -- Staff and administrative assistance -- Records. (1) At the first board meeting following initial appointment of all board members, the board shall elect a chair from its membership, and a chair shall be elected annually thereafter. (2) A majority of the …

(1) It shall be the duty of the cabinet's Office of Legal Services, or upon the secretary's request, of the Attorney General, to bring an action for the recovery of the penalties herein provided for and to bring an action for a restraining order, temporary or permanent injunction…

All powers, duties, and responsibilities conferred upon the corporation by KRS 151B.450 to 151B.475 shall be exercised by the board of directors of the corporation. They shall include, but shall not be limited to, the following: (1) To establish and administer a program for provi…

(1) There is established in the State Treasury a permanent and perpetual fund to be known as the assistive technology loan fund, consisting of moneys that may be appropriated by the General Assembly, gifts, bequests, endowments, or grants from the United States government, its ag…

The board shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding fiscal year to the Governor and the Legislative Research Commission. Each report shall set forth a complete operating and financial statement of the corp…

(1) There is hereby created a Community Flood Damage Abatement Program within the Energy and Environment Cabinet. (2) It is hereby declared to be the purpose of the program to provide funds and technical assistance to local governments to initiate flood control projects and progr…

navigable waterway within Kentucky -- Approval of agreement -- Appropriation. The cabinet may negotiate with the appropriate federal agencies for the operation or maintenance of a navigable waterway within the state boundaries. The cabinet shall not initiate negotiation for opera…

mitigation programs. (1) The cabinet shall administer National Flood Insurance Program-related activities, by developing a public information program for use by local units of government which will assist them in the development of floodplain management and flood hazard mitigatio…

(1) Water management planning councils shall be established for each county with the assistance of the appropriate area development district. Two (2) or more counties may form a multicounty water management planning council. The planning councils shall, as a minimum, be comprised…

provisions of law -- Contents of plan -- Function of planning councils. (1) Each water management planning council shall develop and maintain a plan consistent with the county long-range water supply plan developed under KRS 151.114 and the water supply planning process set out i…

(1) After July 1, 2001, and annually thereafter, each area development district shall review and prioritize the planning councils' plans for underserved and unserved areas within the water management area for that district. The review and prioritization shall be conducted with th…

As used in KRS 151.610 to 151.615, the following definitions shall apply: (1) "Compensatory mitigation" means replacement of aquatic resource functions and values adversely impacted by an activity permitted under a Section 404 permit; (2) "HUC 10 watershed" means a hydrologic uni…

authority -- Legislative preferences on funding uses. (1) A Stream Restoration and Mitigation Authority may be established for any HUC 10 watershed in the Commonwealth. Each authority formed under this section shall be a public body corporate and politic with the authority to: (a…

(1) Any 2020 water management planning council located in a given HUC 10 watershed or portion of a given HUC 10 watershed may contact the water service coordinator in the area development district that serves the council and request assistance with the establishment of a Stream R…

Officers. (1) Members of a Stream Restoration and Mitigation Authority established under KRS 151.610 to 151.615 shall reside or have a real property interest in the given watershed and shall serve as ex officio members of the 2020 water management planning councils established un…

(1) Stream Restoration and Mitigation Authorities established under KRS 151.610 to 151.615 shall work in close partnership with local, state, and federal agencies in actively advocating for the restoration, protection, and enhancement of the watershed through stream restoration a…

(1) Stream Restoration and Mitigation Authorities established under KRS 151.610 to 151.615 may conduct one (1) or more of the following restoration and mitigation activities as pilot projects, identified within its watershed plan: (a) Restoration and mitigation of impairments or …

The General Assembly finds that groundwater makes up over ninety-five percent (95%) of the water resources in Kentucky. Groundwater accounts for over thirty percent (30%) of the public and domestic water supplies in the Commonwealth, and up to ninety percent (90%) of all rural do…

As used in KRS 151.620 to 151.629, unless the context requires otherwise: (1) "Committee" means the Interagency Technical Advisory Committee on Groundwater as created in KRS 151.629; (2) "Groundwater resource" means groundwater that is currently being used or is capable of being …

(1) The KGS shall, in cooperation with the Interagency Technical Advisory Committee on Groundwater, establish a long-term groundwater monitoring network for the purpose of characterizing the quality, quantity, and distribution of Kentucky's groundwater resources. (2) The monitori…

responsibilities. (1) There is established an Interagency Technical Advisory Committee on Groundwater to assist the KGS in the development, coordination, and implementation of a groundwater monitoring network for the Commonwealth. The committee shall consist of one (1) representa…

program -- Authority to promulgate administrative regulations. The General Assembly finds that the Federal Safe Drinking Water Act, as amended by Public Law 104-182, creates an opportunity for Kentucky to improve public drinking water supplies. Therefore, the cabinet shall admini…

plan development. (1) Not later than August 6, 2000, the cabinet shall develop and begin implementing, a strategy to assist public water systems in acquiring and maintaining technical, financial, and managerial system capacity. (2) In preparing the system capacity development str…

noncommunity public water systems after October 1, 1999. After October 1, 1999, new community or nontransient noncommunity public water systems, as defined by federal law, shall not be created unless they have system capacity. For new community or nontransient noncommunity public…

delineation program. The cabinet shall conduct a source water assessment and delineation program as described in the 1996 amendments to the Federal Safe Drinking Water Act, Public Law 104-182.

(1) The West Fork Drakes Creek Dam and Reservoir Interstate Authority is hereby created. The West Fork Drakes Creek Dam and Reservoir Interstate Authority shall be a public body corporate and politic and shall be referred to as the "authority" in KRS 151.650 to 151.664. The autho…

(1) The authority shall be governed by a board of directors. The board shall make policy, which shall be implemented. (2) The membership of the board shall be as follows: (a) A member of the county legislative body of Sumner County, Tennessee, and Simpson County, Kentucky, chosen…

The authority shall have the following general powers, functions, and duties: (1) Perpetual succession in the corporate name; (2) To sue and be sued in the corporate name and to sue and be sued in either Tennessee or Kentucky with the jurisdiction of either state's courts to be d…

The authority may construct, operate, and maintain a dam and reservoir on the West Fork Drakes Creek and foster recreational and economic developmental projects that would utilize these resources. The construction of this dam and reservoir shall not commence until the authority h…

(1) The authority may issue its bonds from time to time for the purpose of paying in whole or in part the cost of acquiring lands and interests therein and of constructing facilities and improvements subject to the limitations and conditions provided in KRS 151.650 to 151.664. An…

(1) The various counties, towns, and incorporated municipalities which are members of the authority may contribute to the work of the authority any amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general …

(1) The board shall annually formulate and issue a statement of objectives, priorities, and programs that it has adopted or envisions to meet these objectives. This statement of objectives shall be included in the annual report. (2) The board shall report annually to the Governor…

All agencies and departments of state government shall extend their cooperation and lend assistance to the authority in the formulation and implementation of the purposes of KRS 151.650 to 151.664.

(1) The General Assembly declares that based upon an implied contract between the Commonwealth and the United States government through the Secretary of the United States Army and his predecessors, the validity of which is evidenced by over one hundred (100) years of performance …

of authority. The Kentucky River Authority is created to perform the essential governmental functions and public purposes set out in KRS 151.700 to 151.730. The authority shall be a public corporation and independent governmental agency and instrumentality of the state. The respo…

Administrative regulations. (1) The Governor shall appoint members to the Kentucky River Authority, created to carry out the essential public purpose of protecting the health and welfare of the people of the Commonwealth as declared in KRS 151.700. (2) The Governor shall appoint …

The Kentucky River Authority is authorized and empowered to: (1) Construct, reconstruct, provide for the major maintenance, or repair the locks and dams on the Kentucky River and all real and personal property pertaining thereto, as well as maintain the channel; (2) Acquire by pu…

(1) The rate of the water use fees collected by the authority shall be set for each year of the biennium based upon a total amount of funds necessary to carry out only those functions, projects, and expenses authorized by the General Assembly in the authority's biennial budget. (…

(1) The authority shall bring an action for the recovery of penalties provided for in KRS 151.990, the payment of fees provided for in KRS 151.720, or for a restraining order, or a temporary or permanent injunction for the prevention or correction of a condition constituting or t…

-- Biennial estimate on costs of water supply needs of Kentucky River basin. (1) The Kentucky River Authority shall undertake a continuing study of the water available within the Kentucky River and the water needs within the Kentucky River basin. The study shall focus on necessar…

document -- Execution of funded programs. (1) Beginning with the 2000-2002 biennium and each biennium thereafter, the authority shall submit to the General Assembly a six (6) year program of preconstruction and construction activities to maintain or increase water available withi…

By July 1 of each year preceding the convening of the General Assembly in even- numbered-year regular session, the authority shall provide the projected six (6) year construction and preconstruction program to the Interim Joint Committee on Natural Resources and Environment, the …

water utilities involving Kentucky River basin watershed. At the time a water utility requests a state agency to take action required to allow the transfer between water utilities of drinking water within or into the watershed of the Kentucky River basin, the water utility shall …

(1) The authority is hereby authorized to provide, at one (1) time or from time to time, for the issuance of its revenue bonds for the purpose of paying all or any part of the cost of any one (1) or more projects undertaken pursuant to KRS 151.720. The principal of and the intere…

(1) There is created the Office of State Geographer. The state geographer shall be appointed by the Governor and shall serve for a term of one (1) year. No one (1) person shall be appointed state geographer for two (2) terms in succession nor shall the state geographer be from th…

(1) Any person, city, county, or other governmental subdivision who violates KRS 151.100 to 151.460 shall be liable to a civil penalty of not more than $1,000 for said violation and in addition may be enjoined from continuing said violation. Each day upon which such violation occ…

for Local Government. The Department for Local Government shall have responsibility for the administration and coordination of Appalachian regional development programs and economic development administration programs.

As used in KRS 152.200 to 152.250, unless the context requires otherwise: (1) "Compact" means the Southern Interstate Nuclear Compact; (2) "Board" means the Southern Interstate Nuclear Board.

The Southern Interstate Nuclear Compact is enacted into law and entered into by the Commonwealth of Kentucky as a party, and is of full force and effect between the Commonwealth and any other states joining therein in accordance with the terms of the compact. The compact is subst…