109.0417 Procedures for a local government's change of solid waste management
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/ky/109-0417A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
service providers or award of a new franchise for provision of solid waste
management services.
(a)A local government shall not:
1. Commence solid waste management services that would have the effect
of prohibiting a service company from continuing to provide services
that it was providing prior to commencement of services by the local
government; or
2. Award a franchise for solid waste management services where no
franchise exists;
unless the local government complies with the requirements in this section.
(b)Paragraph
(a)of this subsection shall not apply to:
1. The renewal, according to its terms, or replacement, upon its expiration,
of an existing franchise;
2. The expansion or extension of urban services related to residential waste
management services for single-family or two
(2)family dwelling units
by an urban-county government pursuant to KRS Chapter 67A, so long
as the urban-county government:
a. Holds at least one
(1)public hearing and provides written notice to
all service companies registered within the urban-county
government no later than ten
(10)days prior to the scheduled
public hearing; and
b. Provides written notice to all service companies registered with the
urban-county government no later than ten
(10)days after:
i. Receiving a petition to extend urban services;
ii. Mailing voting cards to proposed service recipients regarding
the petition so long as the written notice contains the date
that voting cards are to be returned by the recipient; and
iii. Making a final determination; or
3. The initial issuance of a franchise by a local government for the
provision of solid waste management services following a period where
the local government has exclusively provided the same solid waste
management services in the same or any portion of the same solid waste
management area in which the initial franchise issuance is proposed.
(2)Not less than one hundred eighty
(180)days prior to making a final determination to
take an action described in subsection (1)(a) of this section, a local government
shall send written notification by certified mail to the local Kentucky address of all
service companies providing solid waste management services within the solid
waste management area where the action is proposed to occur that:
(a)Describes the proposed action in detail;
(b)Provides the date, time, and location of the public hearing required pursuant to
subsection
(3)of this section; and
(c)Designates a responsible official within the local government to be available
to personally communicate with any service company regarding the particular
details of and rationale for the proposed action, including but not limited to
the economic and employment consequences of the proposed action.
(3)No sooner than forty-five
(45)days but within one hundred eighty
(180)days
following the written notice required under subsection
(2)of this section, the local
government shall:
(a)Hold one
(1)public hearing that is advertised to the public in accordance with
KRS 424.130 for the purposes of:
1. Describing the proposed action, including but not limited to the
economic and employment consequences of the plan; and
2. Accepting written comments from the public and service companies
regarding the proposed action; and
(b)Accept additional verbal and written comments regarding the proposed action
for no less than thirty
(30)days following the public hearing described in
paragraph
(a)of this subsection.
(4)No later than sixty
(60)days following the close of the public comment period
described in subsection
(3)of this section, the local government shall prepare a
summary of all comments, and the local government's response to each comment,
received at the public hearings. The local government shall send, by certified mail,
the summary and response to any service company that has submitted comments
and make the summary and response to comments available to the public as an open
record.
(a)If a local government makes a final determination to take an action described
in subsection (1)(a) of this section, the effective time for the action shall be
governed by this subsection.
(b)For actions described in subsection (1)(a)1. of this section, the action shall
take place no sooner than eighteen
(18)months following the local
government's final determination.
(c)For actions described in subsection (1)(a)2. of this section, the franchise
award shall be effective no sooner than twelve
(12)months following the local
government's final determination.
(d)This subsection shall not apply to actions taken by a county or solid waste
management district pursuant to KRS 109.059.
(6)If a local government makes a final determination to take an action described in
subsection (1)(a) of this section, the final determination shall be made no later than
three hundred sixty-five
(365)days from the date of the notice required pursuant to
subsection
(2)of this section.
(7)If a local government submits a bid or proposal to perform solid waste management
services in competition with a service company, the local government shall
incorporate in its bid or proposal all elements that are required of bids from service
companies for the same services.
(8)For actions described in subsection (1)(a)1. of this section, nothing in this section
shall be interpreted to preclude a local government and the service company or
companies impacted by the action from entering into an agreement that provides
alternative terms and conditions to govern the rights of a local government and a
service company or companies, including but not limited to a complete waiver of
the requirements of this section.
(9)This section shall not apply to actions taken by a local government:
(a)To the extent necessary to mitigate conditions caused by a service company
that are reasonably determined to threaten the health or safety of the residents
of the community, or a material breach of a contract with the local
government, after the service company has been given written notice and the
opportunity to cure the condition. If the contract with the local government
provides for the remedy associated with a breach of the contract, the terms of
the contract shall take precedence over this paragraph; or
(b)That would result in the service company's loss of fifty
(50)or fewer
residential customers due to the action. A local government may only take one
(1)action to which this paragraph applies every three
(3)years.