KRS § 175B.020 — KY Code / Title XV / Chapter 175B / Section 175B.020
175B.020 Purpose of state authority -- Participation as a developing or issuing authority -- Oversight function -- Legislative ratification required for certain actions -- Administrative regulation regarding fee
Status: in_force

175B.020 Purpose of state authority -- Participation as a developing or

issuing authority -- Oversight function -- Legislative ratification required

for certain actions -- Administrative regulation regarding fee.

(1) The state authority's primary purpose shall be to facilitate the construction,

financing, operation, and oversight of projects by entering into bi-state

agreements and by creating bi-state authorities, project authorities, and

public-private partnerships. To accomplish these purposes, the state authority

shall have the power and duty to:

(a) Take the following actions relating to a bi-state authority authorized

pursuant to KRS 175B.030:

1. To enter into a bi-state agreement;

2. To review and approve project financing plans and development

agreements; and

3. To monitor agreements entered into by bi-state authorities;

(b) Take the following actions relating to a project authority authorized

pursuant to KRS 175B.035:

1. To request establishment of a project authority;

2. To review and approve project financing plans and development

agreements;

3. To monitor activities of project authorities; and

4. To enter into an agreement with the project authority; and

(c) Take the following actions relating to a public-private partnership

authorized pursuant to KRS 175B.037:

1. To request establishment of a public-private partnership;

2. To review and approve project financing plans;

3. To monitor activities of public-private partnerships; and

4. To enter into an agreement as a part of or with a public-private

partnership, if necessary.

(2) The state authority, when authorized pursuant to subsection (10) of this

section, may participate as a developing or issuing authority, or both, in the

development, construction, or financing of a project by a bi-state or project

authority, or by a public-private partnership, if necessary. If the state authority

participates as a developing or issuing authority, the state authority shall have

the powers and duties established in KRS 175B.025 as they apply to that

project.

(3) The state authority, as a function of its oversight of any other authority created

pursuant to this chapter, shall report before the first issuance of bonds and no

less than semiannually thereafter to the Capital Projects and Bond Oversight

Committee and to the Interim Joint Committee on Appropriations and Revenue

of the Legislative Research Commission, on any projects currently proposed or

under development by each authority. Current and proposed levels of bonding

for each project shall be reviewed by the Capital Projects and Bond Oversight

Committee in accordance with KRS 45.794 before the bonds shall be issued.

(4) The state authority, when proposing a project pursuant to this chapter, shall to

the extent practical consult with the officials representing the units of local

government in which the proposed project is to be located in order to obtain the

advice and input on the local impact of the proposed project, including

information regarding land use planning, transportation planning, economic

development, and any other factors having a direct impact to the local

community.

(5) The state authority may receive an unsolicited proposal if the proposal

contains:

(a) An executive summary of no more than three (3) pages that details the

revenue source for the proposed project, the amount of revenue expected

to be generated by the project, and the project costs;

(b) A certification from a financial expert stating that the contents of the

unsolicited proposal are true and correct; and

(c) A fee for the review of the executive summary.

(6) The state authority shall respond to a person offering an unsolicited proposal

notifying the person that the proposal has been rejected or approved for further

review.

(7) If the state authority approves an unsolicited proposal for further review, the

state authority shall independently verify that it is in the best interest of the

Commonwealth.

(8) If the state authority approves a proposal for further review, the person making

the unsolicited proposal shall pay all costs of evaluating the unsolicited

proposal incurred by the state authority and the cabinet pursuant to an

agreement negotiated between the state authority and the person making the

unsolicited proposal.

(9) If the state authority and the cabinet agree that an unsolicited proposal is in the

best interest of the Commonwealth, the state authority, with the assistance of

the cabinet, shall begin a competitive procurement process to implement some

or all of the concepts contained in the unsolicited proposal.

(10) (a) Notwithstanding any other provision of this chapter, the following actions

shall not take effect until ratified by the General Assembly:

1. The creation of a bi-state authority;

2. The creation of a project authority;

3. The creation of a public-private partnership;

4. The modification or amendment of the scope of any project; and

5. The development of any project undertaken entirely by the state

authority.

(b) If any action described in paragraph (a) of this subsection is not ratified

by the General Assembly, the creation, approval, or modification shall be

considered void.

(11) The state authority shall promulgate an administrative regulation in accordance

with KRS Chapter 13A to determine the fee required by subsection (5)(c) of

this section for the review of the executive summary.