39A.290 Declared emergency -- State executive orders, administrative regulations, or guidance in conflict with federal requirements or guidance on classification or treatment of certain utility, wastewater, water, sewer, and sanitation employees prohibited -- Right of utility to terminate service or assess or collect fees and penalties not to be impaired.
236 words·~1 min read·
/ky/chapter-39a/39a-290A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)During a declared emergency, no executive order, administrative regulation, or
other guidance from a department or officer of state government shall be issued or
promulgated that conflicts with any of the requirements or guidance, including
advisory memoranda, that is issued by the United States Department of Homeland
Security or its successor agencies regarding the classification or treatment of the
employees of utilities subject to or created under KRS Chapter 58, 96, 278, or 279,
regional wastewater commissions subject to or created under KRS Chapter 65,
regional water commissions subject to or created under KRS Chapter 74,
metropolitan sewer districts subject to or created under KRS Chapter 76, and
sanitation districts subject to or created under KRS Chapter 220, as essential or
critical infrastructure workers that are needed to ensure the continuity of functions
critical to public health and safety or economic and national security.
(2)Beginning on June 29, 2021, during a declared emergency, no current or future
executive order, administrative regulation, or other guidance shall remain in effect
or be issued or promulgated by a department or officer of state government that
prohibits or otherwise impairs the right of a utility subject to or created under KRS
Chapter 96 from:
(a)Terminating service for a customer’s non-payment of a utility bill; or
(b)Assessing or collecting its usual and customary fees or penalties for non-
payment or delinquent payments of a customer’s utility bill.