KRS § 56.491 — KY Code / Title VII / Chapter 56 / Section 56.491
56.491 Approval required for certain projects -- Conditions -- Exceptions
Status: in_force

56.491 Approval required for certain projects -- Conditions -- Exceptions.

(1) No state agency shall have power or authority to make plans and specifications,

provide public notice of invitations for bids, let contracts, or incur any financing

commitments, either in the way of a charge against public funds or in the way of

negotiations for issuance of revenue bonds, for any capital construction projects

involving the improvement of lands or the construction, alteration, reconstruction,

or major repair of any building or other structure, or sewage disposal or water

supply system, requiring the expenditure of more than five hundred thousand

dollars ($500,000) without first securing the approval of the Finance and

Administration Cabinet.

(2) The state agency seeking the approval shall submit to the Finance and

Administration Cabinet a general description of the proposed project, with the

detailed information the cabinet may require. Review of construction plans for

conformance with the Uniform State Building Code shall be conducted by the

Department of Housing, Buildings and Construction. The Finance and

Administration Cabinet shall not approve any project requiring its approval in any

instance if it finds that: the project is not needed; the proposed method of financing

is not sound; the project will exceed the amount of the funds available therefor; the

work contemplated will be insufficient to accomplish the purpose of the project; or

after providing for the ordinary recurring expenses of government and debt service

and for payments under existing allotments for extraordinary expenses and capital

outlay, cash will not be available in the State Treasury to promptly pay for the work

during the biennium, or except as provided in subsection (5) of this section, that the

work is to be done by employees of the agency.

(3) The finding of the Finance and Administration Cabinet shall be final, except in

cases where the issuance and sale of bonds is proposed, in which cases the cabinet

shall submit its findings to the commission for final approval, modification, or

disapproval.

(4) Any capital construction project, the total cost of completion of which the Finance

and Administration Cabinet determines will exceed five hundred thousand dollars

($500,000), shall be contracted for on a competitive bid basis, and the execution of

the contracts shall be approved and authorized by the cabinet. When a capital

construction project has been approved as provided in this section, in whole or in

part, the cabinet shall prepare the plans and specifications, provide public notice of

invitations for bids, award the contracts, supervise the construction, and handle the

financial negotiations on behalf of the requesting state agency; or with prior written

approval, the cabinet may authorize a state agency to do so with delegated authority

of the cabinet.

(5) A capital construction project, the total cost of completion of which the Finance and

Administration Cabinet determines will not exceed five hundred thousand dollars

($500,000), may be performed by the employees of the requesting agency or by

individuals hired specifically for the project who shall be exempt from the

requirements of KRS Chapter 18A, if the project is approved and authorized by the

cabinet. Necessary materials and supplies shall be procured in accordance with the

standard purchasing procedures and policies of the cabinet as defined in KRS

Chapter 45A.

(6) This section shall not apply to capital outlays to the Department of Highways for

roads and bridges.

(7) This section shall not apply to capital outlays by the Justice and Public Safety

Cabinet for repair, maintenance, improvement, or expansion of present correctional

facilities on which projects inmates are used. Any capital construction project to be

performed by the Justice and Public Safety Cabinet shall be approved and

authorized by the Finance and Administration Cabinet.

(8) This section shall not apply to surveys capable of being performed by employees of

the Department of Fish and Wildlife Resources. Boundary surveys or surveys

involving property lines shall be performed by or under the supervision of an

employee possessing a professional land surveyor license.