KRS § 152.590 — KY Code / Title XII / Chapter 152 / Section 152.590
152.590 General powers of Energy and Environment Cabinet
Status: in_force

152.590 General powers of Energy and Environment Cabinet.

The Energy and Environment Cabinet shall have the following general powers:

(1) To acquire by purchase, exercise of the right of eminent domain, grant, gift, devise,

or otherwise, the fee simple title to or any acceptable lesser interest in any lands,

and by lease or other contract the right to use and occupy any lands, selected in the

discretion of the secretary of the Energy and Environment Cabinet as constituting

necessary, desirable, or acceptable sites for projects of the cabinet, including any

and all lands adjacent to a project site as in the discretion of the secretary may be

necessary or suitable for satellite projects or restricted areas; but in all instances

lands which are to be designated as radioactive waste material sites shall be

acquired in fee simple absolute and dedicated in perpetuity to such purpose;

(2) To convey to private enterprise, or to lease to private enterprise for such term as in

the discretion of the secretary of the Finance and Administration Cabinet may be in

the public interest, any lands so acquired, either for a fair and reasonable

consideration or solely or partly as an inducement to the establishment or location in

the Commonwealth of any scientific or technological facility, project, satellite

project, or nuclear storage area; but subject to such restraints as may be deemed

proper to bring about a reversion of title or termination of any lease in the event the

grantee or lessee, as the case may be, shall cease to use the premises or facilities in

the conduct of business or activities consistent with laws and regulations of the

Commonwealth; provided, however, radioactive waste material sites may be leased

but may not otherwise be disposed of except to the Commonwealth, or to the United

States;

(3) To construct, reconstruct, maintain, repair, operate, and regulate projects at such

locations within the Commonwealth as may be determined by the secretary;

(4) To fix by contract, or to establish and revise from time to time and charge and

collect revenues, rentals, rates, and charges for use of the services and facilities of

projects;

(5) To combine for financing purposes any two (2) or more projects;

(6) To establish and enforce rules and regulations for the use of any project;

(7) Without reference to KRS Chapter 56, to acquire and hold real and personal

property in the exercise of its powers and the performance of its functions and

duties under this section, and to dispose of the same with due regard for public

health and safety, except in the case of radioactive waste material sites, which may

be disposed of only to the Commonwealth itself, or to the United States, except as

provided in subsection (2);

(8) To designate the locations and establish, limit, and control such points of ingress to

and egress from each project as the secretary may determine to be necessary or

desirable to ensure the proper operation and maintenance of such project, and to

prohibit entrance to such project from any point or points not so designated;

(9) To make and enter into such contracts and agreements with governmental agencies

and private enterprise as may be necessary or incidental to the performance of its

duties and the execution of its powers under this section;

(10) To employ scientists, consulting engineers, health officers, attorneys, accountants,

construction and financial experts, superintendents, managers, and such other

employees and agents as may be necessary in the judgment of the secretary and to

fix their compensation;

(11) To receive and accept from any governmental agency, or from private enterprise,

appropriations, grants, or contributions in money, property, labor, or other things of

value, to be held, used and applied for or in aid of any project; and

(12) To do all acts and things necessary or convenient to carry out the powers expressly

granted in this section.