Kentucky House Bill 26 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Enrolled on March 7 2011 - 75% progression, died in chamber
Action: 2011-03-17 - signed by Governor
Text: Latest bill text (Draft #5) [MS Word]

Create new sections of KRS Chapter 65 to express the findings of the General Assembly regarding wastewater and to authorize the creation of a regional wastewater commission as a pilot project area within Bullit, Hardin, Jefferson, Meade, Nelson, Oldham, and Spencer Counties; establish definitions for "commission," "member entity," "organizing official," "wastewater," and "sources of collected water," allow 2 or more member entities owning wastewater systems to acquire, construct, operate, and improve those systems; establish a method for member entities to form a regional wastewater commission; require the governing body of any member entity proposing participation in the commission to publish notice of a public hearing in accordance with KRS Chapter 424 at least 30 days' prior to the hearing; establish appointments of 1 commissioner to represent each member entity; require that the commissioner be a customer, resident, or authorized representative of the member entity; require no less than 3 commissioners and set the terms for the commissioners at 4 years; allow the commission to appoint a chair and officers; allow member entities to join existing commissions at any time; allow the commission salaries for other officers and employees; allow the commission's fund to pay expenses of commissioners and employees; require bonding for commissioners and other minor officials and bonds paid by the commission fund; require commission meetings and records be subject to open meetings and open records laws; allow removal of a commissioner for cause; establish a method for a member entity to withdraw from the commission; establish the commission as a public body corporate and politic; allow the commission to execute contracts, make loans, issue and repay revenue bonds, receive proceeds from loans or grants, purchase, acquire, hold, and dispose of real and personal property, and exercise powers granted under KRS Chapters 58 and 224A; allow the commission to have full and complete supervision, management, and control over all of its facilities; require construction or expansion of any wastewater facility proposed be approved by either the Division of Water or the United States Environmental Protection Agency; exempt the commission from taxation; require the commission to procure the services of a certified public accountant to conduct an audit of all funds and fiscal transactions annually; exempt the commission from regulation by the Public Service Commission, except for contracts between the commission and a utility regarding provision of services that would result in an increase in rates paid by customers of that utility subject to approval by the Public Service Commission; allow the commission to set its rates and terms through contracts with member entities, nonmember entities, and neighboring states; establish minimum contract requirements; require a vote by the commission for rate changes and adjustments and notice requirements prior to rate changes; require the commission to procure professional or independent accounting to determine operating, maintenance, and debt service costs and provide reccommendations for specific rates to offset the costs every 5 years; require the commission to determine final rates and charges based on the 5-year study consultation; require the commission to provide at least 60 days' written notice to the governing bodies of the member entities prior to the effective date of any change in rates or charges for service; amend KRS 58.010 to include a regional wastewater commission in the definition of "governmental agency"; amend KRS 224A.011 to include a regional wastewater commission in the definition of "governmental agency," and to include facilities related to the collection, transportation, and treatment of wastewater in the definitions of "infrastructure project" and "water resources project"; amend KRS 278.010 to exclude a regional wastewater commission from the definition of "public utility."

AN ACT relating to wastewater.

Rep. Linda Belcher [D]

Date	Chamber	Action
2011-03-17		signed by Governor
2011-03-07		delivered to Governor
2011-03-07		enrolled, signed by each presiding officer
2011-03-07		passed 68-22
2011-03-07		House concurred in Senate Committee Substitute (3)
2011-03-07		posted for passage for concurrence in Senate Committee Substitute (3)
2011-03-04		to Rules (H)
2011-03-04		received in House
2011-03-04		passed 28-8 with Committee Substitute (3)
2011-03-04		floor amendments (1) and (2) withdrawn
2011-03-04		Committee Substitutes (1), (2) withdrawn
2011-03-04		3rd reading
2011-03-04		posted for passage in the Regular Orders of the Day for Friday, March 4, 2011
2011-03-04		reported favorably, to Rules with Committee Substitute (3)
2011-03-04		returned to State & Local Government (S)
2011-03-04		taken from the Regular Orders of the Day
2011-03-03		passed over and retained in the Orders of the Day
2011-03-03		posted for passage in the Regular Orders of the Day for Thursday, March 3, 2011
2011-03-03		reported favorably, to Rules with Committee Substitute (2) as a Consent Bill
2011-03-03		recommitted to State & Local Government (S)
2011-03-02		floor amendment (2) filed to Committee Substitute
2011-03-02		reported favorably, to Rules with Committee Substitute
2011-02-28		returned to State & Local Government (S)
2011-02-28		2nd reading
2011-02-28		taken from State & Local Government (S)
2011-02-25		returned to State & Local Government (S)
2011-02-25		1st reading
2011-02-25		taken from State & Local Government (S)
2011-02-18		to State & Local Government (S)
2011-02-17		floor amendment (1) filed
2011-02-16		received in Senate
2011-02-15		3rd reading, passed 65-30 with Committee Substitute
2011-02-11		taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
2011-02-10		posted for passage in the Consent Orders of the Day for Friday, February 11, 2011
2011-02-10		2nd reading, to Rules
2011-02-09		reported favorably, 1st reading, to Consent Calendar with Committee Substitute
2011-02-01		posting waived
2011-01-04		to Local Government (H)
2011-01-04		introduced in House
2011-10-06		To: Interim Joint Committee on Natural Resources and Environment

Type	Source
Summary	http://www.lrc.ky.gov/record/11RS/HB26.htm
Text	http://www.lrc.ky.gov/record/11RS/HB26/bill.doc