BR 389 2010
House Bill 221 (or BR 389 2010) was introduced on January 7, 2010 by Representatives Linda Belcher and Larry Clark to the 2010 General Assembly.
It is an act relating to wastewater.
BR 389 proposes to 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 wastewater"; permit two 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 and appoint commissioners; require no less than three commissioners; set the terms for the commissioners at four years; allow the commission to appoint a chair and other officers; allow member entities to join existing commissions at any time; fix compensation for commissioners and allow the commission to set 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; provide that bonds be paid by the commission fund; establish the commission as a public body corporate and politic; exempt the commission from taxation; subject commission meetings and records to 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, other parties, 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; 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 formal procurement of services, construction of facilities, and conveyance of handling of wastewater; amend KRS 58.010 to include regional wastewater commissions in the definition of "governmental agency"; amend KRS 65.067 to conform; 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."[1]
