KRS § 109.0417 — KY Code / Title IX / Chapter 109 / Section 109.0417
109.0417 Procedures for a local government's change of solid waste management service providers or award of a new franchise for provision of solid waste management services
Status: in_force

109.0417 Procedures for a local government's change of solid waste management

service providers or award of a new franchise for provision of solid waste

management services.

(1) (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.

(5) (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.