42.455 Local Government Economic Assistance Program -- Grants for priority
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/ky/42-455A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
expenditures -- Administrative regulations -- Public hearings -- Reports --
Directory of coal road system.
(1)There is established within the Department for Local Government a Local
Government Economic Assistance Program to consist of a system of grants to local
governments to improve the environment for new industry and to improve the
quality of life for the residents.
(2)Grants obtained under this program shall be used for priority expenditures. Thirty
percent (30%) of all moneys in the fund shall be spent on the coal haul road system
as described in subsection
(8)of this section. The remaining seventy percent (70%)
of the fund shall be spent on priority categories limited to the following, but in no
event shall grants obtained under this program be used for expenses related to
administration of government:
(a)Public safety, including law enforcement, fire protection, ambulance service,
and other related services;
(b)Environmental protection, including sewage disposal, sanitation, solid waste,
and other related programs;
(c)Public transportation, including mass transit systems, streets, and roads;
(d)Health;
(e)Recreation;
(f)Libraries and educational facilities;
(g)Social services for the poor, the elderly, and individuals with disabilities;
(h)Industrial and economic development;
(i)Vocational education;
(j)Workforce training; and
(k)Secondary wood industry development.
(3)The use of entitlement funds for repayment of debt as related to long-term bond
issues is permissible as long as the revenue from the bond issues is expended on
priority categories.
(4)Grants obtained under this program may be used as local portion to secure federal
programs as long as program expenditures are in the priority category area. Interest
earned on funds received by local units of government shall be considered available
for use by the local unit of government in the priority expenditure categories.
(5)The Department for Local Government shall be responsible for the promulgation of
rules and regulations necessary to implement the grants programs authorized by this
section.
(6)The Department for Local Government shall submit an annual report to the
Governor indicating how the grants were used and an evaluation of the program's
effectiveness in improving the economy of the units of government receiving
assistance.
(7)Prior to a local government's expenditure of any funds it receives under this section,
the local government shall allow an opportunity for public input and comments
regarding the expenditure of those funds. Before any unit of local government
expends any funds it receives under this section, it shall:
(a)Provide an opportunity to the public to provide input with regard to the
project or projects in a public meeting for which notice has been given under
KRS 61.823(2) to (4);
(b)Include the topic as a specific item on the public meeting agenda and shall
allow any person to speak with regard to any proposed project, any project
which he or she feels should be built or done which has not been proposed,
priorities for completion of projects, and any other matter related to
expenditure of any funds it receives under this section. The local government
shall not be bound by the comments and input provided at the meeting but
shall give due consideration to them; and
(c)Not begin construction on a project until the meeting as provided in this
section has been held.
This subsection shall not be construed to require a separate meeting for each
project. A single meeting encompassing the program, if all projects subsequently
undertaken have been identified at the meeting, shall meet the requirements of this
subsection.
(8)On or before August 15, 1980, and each year thereafter, the Transportation Cabinet
shall publish and furnish to the Department for Local Government a directory,
including supporting maps and other documents, designating the official state coal
road system in coal-impact and coal-producing counties which shall include all
public highways, roads, and streets over which quantities of coal, sufficient to
significantly affect the condition and state of repair of highways, roads, and streets,
have been transported in the immediately preceding fiscal year. The cabinet shall
further publish the total county mileage of the official state coal road system and the
total ton/miles within each coal-impact and coal-producing county for said
preceding fiscal year.
(9)Every person shipping or transporting coal, and every carrier for hire or common
carrier hauling coal over the public highways, roads, and streets shall file with the
Transportation Cabinet such information and at intervals as the cabinet shall
designate by regulation duly adopted for the purpose of identifying those highways,
roads, and streets comprising the coal haul road system and the quantities of coal
transported thereon, in order that the cabinet can accurately calculate total ton/miles
within each coal-impact and coal-producing county.
(10)The Department of Revenue shall make available to the Transportation Cabinet coal
severance and processing tax data for use in verifying and supplementing the
information furnished under the provisions of subsection
(9)of this section. The
information shall be furnished in such a manner as to conceal the identity of
individual taxpayers; if the data cannot be furnished without revealing the identity
of individual taxpayers, it shall be withheld.