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AN ACT relating to soil and water conservation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 262.330 is amended to read as follows: 3
(1) The board may make available or lease, on such terms as it prescribes, to 4
landowners and occupiers within the district, agricultural and engineering 5
machinery and equipment, including heavy or specialized equipment acquired 6
pursuant to Section 2 of this Act, fertilizer, seeds, seedlings, and such other 7
material or equipment as will assist the landowners and occupiers to carry on 8
operations upon their lands for the conservation of soil resources and for the 9
prevention and control of soil erosion. Any heavy or specialized equipment 10
acquired pursuant to Section 2 of this Act that the board makes available, rents, 11
or leases may be used on the lessee's or renter's land or on the lands of others for 12
the purposes of conserving soil resources, the prevention and control of soil 13
erosion, and the conservation and protection of water resources related to those 14
purposes. 15
(2) As a condition to the extending of any benefits under this chapter to, or the 16
performance of work upon, any lands not owned or controlled by this state or any of 17
its agencies, the board may require contributions in money, services, materials, or 18
otherwise to any operations conferring such benefits, and require landowners and 19
occupiers to enter into and perform such agreements or covenants as to the 20
permanent use of their lands as will tend to prevent or control erosion. 21
Section 2. KRS 262.610 is amended to read as follows: 22
(1) (a) Heavy or specialized equipment purchased or made available in accordance 23
with Section 1 of this Act and KRS 262.610 to 262.660 shall be used for the 24
purposes of conserving soil resources, the prevention and control of soil 25
erosion, and the conservation and protection of water resources related to 26
those purposes. The heavy or specialized equipment described in this 27 UNOFFICIAL COPY 23 RS HB 130/EN
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paragraph may be used on the renter's or lessee's land or on the lands of 1
others, pursuant to the usage proportions established in the administrative 2
regulations promulgated under subsection (2)(d) of Section 5 of this Act. 3
(b) The Soil and Water Conservation Commission as referred to in KRS Chapter 4
146, subject to the supervision of the commissioner of the Department for 5
Natural Resources, to the restrictions provided in KRS 262.330 and KRS 6
262.610 to 262.660, and to the requirements of KRS Chapters 42 and 45A, is 7
hereby authorized to acquire and to make available, or to assist in acquiring or 8
making available to persons and soil and water conservation districts, heavy 9
or specialized equipment or infrastructure which they[an individual district] 10
cannot[ itself] economically obtain. 11
(c) A district may submit a request to the commission for the acquisition of 12
heavy or specialized equipment jointly with a person residing within the 13
district to whom the district has agreed to lease the equipment in the event 14
that it is acquired or made available. The district and the person shall 15
submit all information with their joint request for heavy or specialized 16
equipment as may be required by the commission in the administrative 17
regulations promulgated under Section 5 of this Act. 18
(d) The commission shall not approve an application made jointly by a person 19
and any district to acquire infrastructure or to have infrastructure made 20
available to them. 21
(2) When the commission acquires or makes available heavy or specialized[to any 22
district the] equipment to any district, or district applying jointly with a person, or 23
infrastructure[ above referred] to any district, it shall require said district to fully 24
amortize, in the form of rentals or payments, to the Division of Conservation, as 25
referred to in KRS Chapter 146, any amount so expended by the commission for 26
such assistance. The amount and method of amortization for each piece of heavy or 27 UNOFFICIAL COPY 23 RS HB 130/EN
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specialized equipment or infrastructure shall be determined by the commission, 1
subject to approval of the commissioner of the Department for Natural Resources. 2
The amount and method of amortization for each piece of heavy or specialized 3
equipment shall be determined on the basis of the lease or a rental fee to be charged 4
by the district to the lessee or other user of equipment sufficient to: 5
(a) Fully amortize to the division the capital outlay for the machinery itself over 6
the period of its reasonably anticipated full usefulness; 7
(b) Cover the cost of operation, maintenance, and repairs; 8
(c) Pay the usual cost of providing an operator; and 9
(d) Compensate the district for the usual costs of transportation from one (1) job 10
to another. 11
(3) In giving effect to all of the foregoing, the commission shall estimate the amount of 12
time such heavy or specialized equipment would ordinarily be idle. 13
Section 3. KRS 262.620 is amended to read as follows: 14
The Division of Conservation shall retain title to each piece of heavy or specialized 15
equipment or any infrastructure purchased and made available to any soil and water 16
conservation district pursuant to Section 2 of this Act until such time as the soil and 17
water conservation districts fully amortize the commission's investment in the equipment 18
or the infrastructure. If the soil and water conservation district purchases infrastructure 19
with use of funds made available by the Division of Conservation for that purpose, then 20
the Division of Conservation shall be listed on the deed to the property jointly with the 21
district. After the commission's investment in the heavy or specialized equipment or 22
infrastructure has been fully amortized, it is authorized and empowered to transfer the 23
title thereto to the district. If the district has purchased infrastructure with funds made 24
available by the Division of Conservation, the district shall consult with the division prior 25
to the dispossession of the property. 26
Section 4. KRS 262.630 is amended to read as follows: 27 UNOFFICIAL COPY 23 RS HB 130/EN
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(1) Each soil and water conservation district which receives, leases, rents, or uses the 1
heavy or specialized equipment referred to in KRS 262.610 shall maintain its public 2
records to show for each piece of equipment: 3
(a) The hours same has worked on each job in each district; 4
(b) The amounts collected from each job in each district; 5
(c) The expense of repairing, moving, manning and other usual costs of 6
operation; and 7
(d) The amount paid by each district for the purpose of amortizing the 8
commission's investment in the equipment. 9
(2) Each soil and water conservation district which leases or otherwise obtains a right 10
of use of the infrastructure with the support of the Division of Conservation 11
pursuant to KRS 262.610 shall maintain in public records a copy of the lease or 12
other contract which provides the district a right of use of the infrastructure; and 13
(a) In the case of a purchase, the amount paid by each district for the purpose of 14
amortizing the commission's investment in the infrastructure; or 15
(b) In the case of lease without right of purchase or some other contractual 16
arrangement or agreement, the payments made to the Division of 17
Conservation for the right of use of the infrastructure. 18
(3) Each of the soil and water conservation districts shall send a duplicate copy of the 19
records to the commission, who shall retain same in its files for public inspection. 20
(4) In addition thereto, the commission shall at all times maintain an account showing 21
each piece of heavy or specialized equipment, the title to which is vested in it, and 22
any infrastructure, the title of which may be vested solely in the commission or 23
jointly with the district, and the amount paid thereon by any soil and water 24
conservation district, and the amount remaining to be amortized. 25
Section 5. KRS 262.660 is amended to read as follows: 26
(1) The commission, with the approval of the commissioner of the Department for 27 UNOFFICIAL COPY 23 RS HB 130/EN
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Natural Resources, is hereby authorized to promulgate such other rules and 1
regulations or methods of accounting as may be necessary or expedient to give 2
effect to the purposes expressed in KRS 262.610 to 262.650. 3
(2) On or before January 1, 2024, the commission, with the approval of the 4
commissioner of the Department for Natural Resources, shall promulgate 5
administrative regulations pursuant to KRS Chapter 13A that shall at a minimum 6
set forth: 7
(a) The form and manner in which a person and a district may jointly request 8
the acquisition of heavy or specialized equipment pursuant to subsection 9
(1)(c) of Section 2 of this Act, including but not limited to any financial or 10
other disclosures the commission may require; 11
(b) The terms, conditions, and repayment of loans for heavy or specialized 12
equipment that the commission makes available to districts for rent or lease 13
to persons within those districts; 14
(c) The terms and conditions for rental or lease agreements between districts 15
and persons for the use of acquired heavy or specialized equipment, 16
including but not limited to permissible uses of the equipment, care and 17
maintenance of the equipment, liability assumptions for property damage or 18
bodily injury caused by the equipment, insurance requirements, availability 19
of the equipment for use by others in the district, and the keeping of public 20
records regarding the use of the equipment. Notwithstanding any provision 21
of this chapter or KRS Chapter 42 or 45A to the contrary, lease agreements 22
shall allow lessees to use acquired heavy or specialized equipment outside of 23
their own lands, and with prior approval of the board for the leasing district, 24
on lands outside of their districts; and 25
(d) The proportion of time that lessees or renters shall use the acquired heavy 26
or specialized equipment on their own lands and the proportion of time that 27 UNOFFICIAL COPY 23 RS HB 130/EN
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the heavy or specialized equipment shall be used on the lands of others. 1
Section 6. KRS 146.090 is amended to read as follows: 2
(1) The secretary of the Energy and Environment Cabinet, with the approval of the Soil 3
and Water Conservation Commission shall divide the state into nine (9) soil and 4
water conservation areas which shall contain as nearly as practicable, an equal 5
number of soil and water conservation districts; 6
(2) The Soil and Water Conservation Commission shall consist of nine (9) members, 7
not more than five (5) of whom shall be of the same political party, to be appointed 8
by the secretary of the Energy and Environment Cabinet with the approval of the 9
Governor; 10
(3) One (1) member shall be appointed from each of the areas from a list of two (2) 11
names submitted from each area by the Kentucky Association of Conservation 12
Districts[supervisors of the soil and water conservation districts that have their 13
principal offices therein]. All members of the commission shall be supervisors of 14
soil and water conservation districts; 15
(4) The term of office of each member shall be four (4) years; provided that, whenever 16
a member of the commission ceases to hold the office of district supervisor by 17
virtue of which he or she is serving on the commission, his or her term of office as 18
a member of the commission shall be terminated. In the case of any vacancy other 19
than the one (1) caused by the expiration of a term, the secretary of the Energy and 20
Environment Cabinet, with the approval of the Governor, shall appoint the 21
successor from a list of two (2) names submitted by the Kentucky Association of 22
Conservation Districts from the[supervisors of the soil and water conservation] 23
area which was represented by the former member. The successor shall also be a 24
supervisor of a soil and water conservation district; 25
(5) The members of the commission shall designate a chairman from among their 26
members and may from time to time change such designation. The commission 27 UNOFFICIAL COPY 23 RS HB 130/EN
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shall keep a record of its official actions. A majority of the commission shall 1
constitute a quorum. The commission may call upon the Attorney General for legal 2
services as it may require. It may delegate to its chairman, any of its members, the 3
director of the division, or any officer, employee, or agent, powers and duties as it 4
deems proper. Members of the commission shall receive no compensation for their 5
services, but shall be entitled to expenses, including traveling expenses, necessarily 6
incurred in discharging their duties; 7
(6) The following persons are advisory members of the commission by virtue of their 8
offices: the secretary of the Energy and Environment Cabinet, the Commissioner of 9
Agriculture, the director of the agricultural experiment station, the director of 10
vocational education, and the state conservationist of the United States Department 11
of Agriculture. 12
Section 7. KRS 262.210 is amended to read as follows: 13
Nominating petitions shall be filed with the clerk of the county in which the district lies 14
to nominate candidates for supervisors of the district. Such petitions shall be filed by at 15
least the last date prescribed by the election law generally for filing certificates of 16
nomination prior to a general election. Such petitions shall be filed no later than 4 p.m. 17
local time at the place of filing when filed on the last date on which such papers are 18
permitted to be filed. Each nominating petition shall be subscribed by twenty-five (25) or 19
more qualified voters who are residents of the territory to be encompassed by the district. 20
Resident qualified voters may join in nominating by petition more than one (1) candidate 21
for supervisor. The nominating petition shall state the residence and post office address of 22
each candidate, that he or she is legally qualified to hold the office,[ and] that the 23
subscribers desire, and are legally qualified, to vote for the candidate, and for candidates 24
who have not taken office prior to the effective date of this Act, that the candidate is at 25
least eighteen (18) years of age. The county clerk shall certify the nomination and 26
election of supervisors to the commission. 27 UNOFFICIAL COPY 23 RS HB 130/EN
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Section 8. KRS 262.240 is amended to read as follows: 1
(1) A supervisor's term begins on January 1 following his or her election. [The two (2) 2
supervisors elected in the general election of 1974 shall be elected for a term of two 3
(2) years. In 1976 a general election shall be conducted for seven (7) supervisors. 4
The four (4) supervisors elected with the highest number of votes in the general 5
election of 1976 shall serve for four (4) years; the other three (3) supervisors elected 6
in 1976 shall serve for two (2) years. In the event only seven (7) nominating 7
petitions for supervisors are filed, the commission shall declare the nominees 8
elected without an election, and shall name four (4) of the nominees to serve terms 9
of four (4) years, and three (3) to serve terms of two (2) years. Thereafter 10
]Supervisors shall be elected for four (4) years as their terms expire. Nominating 11
petitions for supervisors shall be filed with the county clerk not later than the last 12
date prescribed by the election law generally for filing certificates and petitions of 13
nomination. No such nominating petition shall be accepted by the clerk unless it is 14
signed by twenty-five (25) or more qualified resident voters of the district. 15
Qualified resident voters may sign more than one (1) nominating petition to 16
nominate more than one (1) candidate for supervisor. In the event nominating 17
petitions for only the number of supervisors to be elected are filed, the commission 18
shall declare the nominees elected without holding an election. The county clerk 19
shall examine the petition of each candidate to determine whether it is regular on its 20
face. If there is an error, the county clerk shall notify the candidate by certified 21
mail within twenty-four (24) hours of filing. 22
(2) A supervisor shall hold office until his or her successor has been elected and has 23
qualified. Vacancies shall be filled for the unexpired term by appointment by the 24
commission. 25
(3) A supervisor may be reimbursed for expenses necessarily incurred in the discharge 26
of his or her duties and may be paid a per diem for attending meetings or otherwise 27 UNOFFICIAL COPY 23 RS HB 130/EN
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discharging the obligations of his or her office. 1
(4) A supervisor shall be at least eighteen (18) years of age, a resident of the county or 2
district in which he or she serves as a supervisor, and upon moving from the county 3
or district, the supervisor shall be ineligible to serve as a supervisor and his or her 4
office shall be vacant. 5
(5) A supervisor who has been declared elected without an election pursuant to 6
subsection (1) of this section may be removed from office by the commission in the 7
same manner as provided by KRS 65.007 for removal of an appointed member of 8
the governing body of a special district. 9
Section 9. Whereas the Kentucky Association of Conservation Districts 10
represents the 121 soil conservation districts throughout our great Commonwealth, and its 11
mission is to conserve and develop all renewable natural resources within each district, it 12
is imperative that the continuity of the conservation district's board of supervisors remain 13
as established upon the effective date of this Act. Therefore, it is the intent of the General 14
Assembly that each supervisor of the district shall serve his or her term as elected by the 15
residents of the district which the supervisor represents and shall not be replaced until his 16
or her successor has been elected and has qualified. Furthermore, it is the intent of the 17
General Assembly that, upon the effective date of this Act, candidates for supervisor of a 18
conservation district shall be at least 18 years of age. 19