KRS § 262.610 — KY Code / Title XXI / Chapter 262 / Section 262.610
262.610 Acquisitions of equipment or infrastructure -- Purposes -- Soil and Water Conservation Commission -- Joint acquisition
Status: in_force

262.610 Acquisitions of equipment or infrastructure -- Purposes -- Soil and Water

Conservation Commission -- Joint acquisition.

(1) (a) Heavy or specialized equipment purchased or made available in accordance

with KRS 262.330 and 262.610 to 262.660 shall be used for the purposes of

conserving soil resources, the prevention and control of soil erosion, and the

conservation and protection of water resources related to those purposes. The

heavy or specialized equipment described in this paragraph may be used on

the renter's or lessee's land or on the lands of others, pursuant to the usage

proportions established in the administrative regulations promulgated under

KRS 262.660(2)(d).

(b) The Soil and Water Conservation Commission as referred to in KRS Chapter

146, subject to the supervision of the commissioner of the Department for

Natural Resources, to the restrictions provided in KRS 262.330 and 262.610

to 262.660, and to the requirements of KRS Chapters 42 and 45A, is hereby

authorized to acquire and to make available, or to assist in acquiring or

making available to persons and soil and water conservation districts, heavy

or specialized equipment or infrastructure which they cannot economically

obtain.

(c) A district may submit a request to the commission for the acquisition of heavy

or specialized equipment jointly with a person residing within the district to

whom the district has agreed to lease the equipment in the event that it is

acquired or made available. The district and the person shall submit all

information with their joint request for heavy or specialized equipment as may

be required by the commission in the administrative regulations promulgated

under KRS 262.660.

(d) The commission shall not approve an application made jointly by a person

and any district to acquire infrastructure or to have infrastructure made

available to them.

(2) When the commission acquires or makes available heavy or specialized equipment

to any district, or district applying jointly with a person, or infrastructure to any

district, it shall require said district to fully amortize, in the form of rentals or

payments, to the Division of Conservation, as referred to in KRS Chapter 146, any

amount so expended by the commission for such assistance. The amount and

method of amortization for each piece of heavy or specialized equipment or

infrastructure shall be determined by the commission, subject to approval of the

commissioner of the Department for Natural Resources. The amount and method of

amortization for each piece of heavy or specialized equipment shall be determined

on the basis of the lease or a rental fee to be charged by the district to the lessee or

other user of equipment sufficient to:

(a) Fully amortize to the division the capital outlay for the machinery itself over

the period of its reasonably anticipated full usefulness;

(b) Cover the cost of operation, maintenance, and repairs;

(c) Pay the usual cost of providing an operator; and

(d) Compensate the district for the usual costs of transportation from one (1) job

to another.

(3) In giving effect to all of the foregoing, the commission shall estimate the amount of

time such heavy or specialized equipment would ordinarily be idle.