UNOFFICIAL COPY 24 RS BR 1136 Page 1 of 16 XXXX 2/16/2024 2:15 PM Jacketed AN ACT relating to solar energy. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 96 IS CREATED TO 3 READ AS FOLLOWS: 4 (1) As used in this section: 5 (a) "Eligible electric generating facility" has the same meaning as in KRS 6 278.465; 7 (b) "Merchant electric generating facility" has the same meaning as in KRS 8 278.700; 9 (c) "Net metering" has the same meaning as in KRS 278.465; and 10 (d) 1. "Solar electric generating facility" means any: 11 a. Solar powered merchant electric generating facility; 12 b. Solar powered electric generating facility that is owned or 13 operated by a municipality or combined water and electric plant 14 board operating under this chapter; and 15 c. Solar powered electric generating facility that is owned or 16 operated by a utility or electric cooperative regulated by the 17 Public Service Commission under KRS Chapter 278 or 279. 18 2. "Solar electric generating facility" does not include any eligible 19 electric generating facility used for net metering. 20 (2) Notwithstanding any provision of law to the contrary, no utility operating under 21 the provisions of this chapter shall construct a facility that generates electricity 22 using solar energy if constructing the facility would result in more than one 23 percent (1%) of the total land area of any county where the proposed construction 24 is to be located being occupied by solar electric generating facilities. 25 Section 2. KRS 278.020 is amended to read as follows: 26 (1) (a) No person, partnership, public or private corporation, or combination thereof 27 UNOFFICIAL COPY 24 RS BR 1136 Page 2 of 16 XXXX 2/16/2024 2:15 PM Jacketed shall commence providing utility service to or for the public or begin the 1 construction of any plant, equipment, property, or facility for furnishing to the 2 public any of the services enumerated in KRS 278.010, except: 3 1. Retail electric suppliers for service connections to electric-consuming 4 facilities located within its certified territory; 5 2. Ordinary extensions of existing systems in the usual course of business; 6 or 7 3. A water district created under KRS Chapter 74 or a water association 8 formed under KRS Chapter 273 that undertakes a waterline extension or 9 improvement project if the water district or water association is a Class 10 A or B utility as defined in the uniform system of accounts established 11 by the commission according to KRS 278.220 and: 12 a. The water line extension or improvement project will not cost 13 more than five hundred thousand dollars ($500,000); or 14 b. The water district or water association will not, as a result of the 15 water line extension or improvement project, incur obligations 16 requiring commission approval as required by KRS 278.300. 17 In either case, the water district or water association shall not, as a result 18 of the water line extension or improvement project, increase rates to its 19 customers; 20 until that person has obtained from the Public Service Commission a 21 certificate that public convenience and necessity require the service or 22 construction. 23 (b) Upon the filing of an application for a certificate, and after any public hearing 24 which the commission may in its discretion conduct for all interested parties, 25 the commission may issue or refuse to issue the certificate, or issue it in part 26 and refuse it in part, except that the commission shall not refuse or modify an 27 UNOFFICIAL COPY 24 RS BR 1136 Page 3 of 16 XXXX 2/16/2024 2:15 PM Jacketed application submitted under KRS 278.023 without consent by the parties to 1 the agreement. 2 (c) The commission, when considering an application for a certificate to construct 3 a base load electric generating facility, may consider the policy of the General 4 Assembly to foster and encourage use of Kentucky coal by electric utilities 5 serving the Commonwealth. 6 (d) The commission, when considering an application for a certificate to construct 7 an electric transmission line, may consider the interstate benefits expected to 8 be achieved by the proposed construction or modification of electric 9 transmission facilities in the Commonwealth. 10 (e) Unless exercised within one (1) year from the grant thereof, exclusive of any 11 delay due to the order of any court or failure to obtain any necessary grant or 12 consent, the authority conferred by the issuance of the certificate of 13 convenience and necessity shall be void, but the beginning of any new 14 construction or facility in good faith within the time prescribed by the 15 commission and the prosecution thereof with reasonable diligence shall 16 constitute an exercise of authority under the certificate. 17 (2) For the purposes of this section, construction of any electric transmission line of 18 one hundred thirty-eight (138) kilovolts or more and of more than five thousand 19 two hundred eighty (5,280) feet in length shall not be considered an ordinary 20 extension of an existing system in the usual course of business and shall require a 21 certificate of public convenience and necessity. However, ordinary extensions of 22 existing systems in the usual course of business not requiring such a certificate shall 23 include: 24 (a) The replacement or upgrading of any existing electric transmission line; or 25 (b) The relocation of any existing electric transmission line to accommodate 26 construction or expansion of a roadway or other transportation infrastructure; 27 UNOFFICIAL COPY 24 RS BR 1136 Page 4 of 16 XXXX 2/16/2024 2:15 PM Jacketed or 1 (c) An electric transmission line that is constructed solely to serve a single 2 customer and that will pass over no property other than that owned by the 3 customer to be served. 4 (3) Prior to granting a certificate of public convenience and necessity to construct 5 facilities to provide the services set forth in KRS 278.010(3)(f), the commission 6 shall require the applicant to provide a surety bond, or a reasonable guaranty that 7 the applicant shall operate the facilities in a reasonable and reliable manner for a 8 period of at least five (5) years. The surety bond or guaranty shall be in an amount 9 sufficient to ensure the full and faithful performance by the applicant or its 10 successors of the obligations and requirements of this chapter and of all applicable 11 federal and state environmental requirements. However, no surety bond or guaranty 12 shall be required for an applicant that is a water district or water association or for 13 an applicant that the commission finds has sufficient assets to ensure the continuity 14 of sewage service. 15 (4) No utility shall exercise any right or privilege under any franchise or permit, after 16 the exercise of that right or privilege has been voluntarily suspended or 17 discontinued for more than one (1) year, without first obtaining from the 18 commission, in the manner provided in subsection (1) of this section, a certificate of 19 convenience and necessity authorizing the exercise of that right or privilege. 20 (5) No utility shall apply for or obtain any franchise, license, or permit from any city or 21 other governmental agency until it has obtained from the commission, in the 22 manner provided in subsection (1) of this section, a certificate of convenience and 23 necessity showing that there is a demand and need for the service sought to be 24 rendered. 25 (6) No person shall acquire or transfer ownership of, or control, or the right to control, 26 any utility under the jurisdiction of the commission by sale of assets, transfer of 27 UNOFFICIAL COPY 24 RS BR 1136 Page 5 of 16 XXXX 2/16/2024 2:15 PM Jacketed stock, or otherwise, or abandon the same, without prior approval by the 1 commission. The commission shall grant its approval if the person acquiring the 2 utility has the financial, technical, and managerial abilities to provide reasonable 3 service. 4 (7) No individual, group, syndicate, general or limited partnership, association, 5 corporation, joint stock company, trust, or other entity (an "acquirer"), whether or 6 not organized under the laws of this state, shall acquire control, either directly or 7 indirectly, of any utility furnishing utility service in this state, without having first 8 obtained the approval of the commission. Any acquisition of control without prior 9 authorization shall be void and of no effect. As used in this subsection, the term 10 "control" means the possession, directly or indirectly, of the power to direct or 11 cause the direction of the management and policies of a utility, whether through the 12 ownership of voting securities, by effecting a change in the composition of the 13 board of directors, by contract or otherwise. Control shall be presumed to exist if 14 any individual or entity, directly or indirectly, owns ten percent (10%) or more of 15 the voting securities of the utility. This presumption may be rebutted by a showing 16 that ownership does not in fact confer control. Application for any approval or 17 authorization shall be made to the commission in writing, verified by oath or 18 affirmation, and be in a form and contain the information as the commission 19 requires. The commission shall approve any proposed acquisition when it finds that 20 the same is to be made in accordance with law, for a proper purpose and is 21 consistent with the public interest. The commission may make investigation and 22 hold hearings in the matter as it deems necessary, and thereafter may grant any 23 application under this subsection in whole or in part and with modification and 24 upon terms and conditions as it deems necessary or appropriate. The commission 25 shall grant, modify, refuse, or prescribe appropriate terms and conditions with 26 respect to every such application within sixty (60) days after the filing of the 27 UNOFFICIAL COPY 24 RS BR 1136 Page 6 of 16 XXXX 2/16/2024 2:15 PM Jacketed application therefor, unless it is necessary, for good cause shown, to continue the 1 application for up to sixty (60) additional days. The order continuing the application 2 shall state fully the facts that make continuance necessary. In the absence of that 3 action within that period of time, any proposed acquisition shall be deemed to be 4 approved. 5 (8) Subsection (7) of this section shall not apply to any acquisition of control of any: 6 (a) Utility which derives a greater percentage of its gross revenue from business 7 in another jurisdiction than from business in this state if the commission 8 determines that the other jurisdiction has statutes or rules which are applicable 9 and are being applied and which afford protection to ratepayers in this state 10 substantially equal to that afforded such ratepayers by subsection (7) of this 11 section; 12 (b) Utility by an acquirer who directly, or indirectly through one (1) or more 13 intermediaries, controls, or is controlled by, or is under common control with, 14 the utility, including any entity created at the direction of such utility for 15 purposes of corporate reorganization; or 16 (c) Utility pursuant to the terms of any indebtedness of the utility, provided the 17 issuance of indebtedness was approved by the commission. 18 (9) In a proceeding on an application filed pursuant to this section, any interested 19 person, including a person over whose property the proposed transmission line will 20 cross, may request intervention, and the commission shall, if requested, conduct a 21 public hearing in the county in which the transmission line is proposed to be 22 constructed, or, if the transmission line is proposed to be constructed in more than 23 one county, in one of those counties. The commission shall issue its decision no 24 later than ninety (90) days after the application is filed, unless the commission 25 extends this period, for good cause, to one hundred twenty (120) days. The 26 commission may utilize the provisions of KRS 278.255(3) if, in the exercise of its 27 UNOFFICIAL COPY 24 RS BR 1136 Page 7 of 16 XXXX 2/16/2024 2:15 PM Jacketed discretion, it deems it necessary to hire a competent, qualified and independent firm 1 to assist it in reaching its decision. The issuance by the commission of a certificate 2 that public convenience and necessity require the construction of an electric 3 transmission line shall be deemed to be a determination by the commission that, as 4 of the date of issuance, the construction of the line is a prudent investment. 5 (10) The commission shall not approve any application under subsection (6) or (7) of 6 this section for the transfer of control of a utility described in KRS 278.010(3)(f) 7 unless the commission finds, in addition to findings required by those subsections, 8 that the person acquiring the utility has provided evidence of financial integrity to 9 ensure the continuity of sewage service in the event that the acquirer cannot 10 continue to provide service. 11 (11) The commission shall not accept for filing an application requesting authority to 12 abandon facilities that provide services as set forth in KRS 278.010(3)(f) or to cease 13 providing services unless the applicant has provided written notice of the filing to 14 the following: 15 (a) Kentucky Division of Water; 16 (b) Office of the Attorney General; and 17 (c) The county judge/executive, mayor, health department, planning and zoning 18 commission, and public sewage service provider of each county and each city 19 in which the utility provides utility service. 20 (12) The commission may grant any application requesting authority to abandon 21 facilities that provide services as set forth in KRS 278.010(3)(f) or to cease 22 providing services upon terms and conditions as the commission deems necessary 23 or appropriate, but not before holding a hearing on the application and no earlier 24 than ninety (90) days from the date of the commission's acceptance of the 25 application for filing, unless the commission finds it necessary for good cause to act 26 upon the application earlier. 27 UNOFFICIAL COPY 24 RS BR 1136 Page 8 of 16 XXXX 2/16/2024 2:15 PM Jacketed (13) (a) The commission shall not grant an application for a certificate of public 1 convenience and necessity for a utility to construct any facilities that use 2 solar energy to provide the services set forth in KRS 278.010(3)(a) if 3 granting the application would result in more than one percent (1%) of the 4 total land area of any county where the proposed construction is to be 5 located being occupied by solar electric generating facilities. 6 (b) As used in this subsection: 7 1. "Solar electric generating facility" means any: 8 a. Solar powered merchant electric generating facility, as that term 9 is defined in KRS 278.700; 10 b. Solar powered electric generating facility owned or operated by a 11 municipality or combined water and electric plant board 12 operating under KRS Chapter 96; and 13 c. Solar powered electric generating facility that is owned or 14 operated by a utility or electric cooperative regulated by the 15 commission under this chapter or KRS Chapter 279; and 16 2. "Solar electric generating facility" does not include any eligible 17 electric generating facility used for net metering, as those terms are 18 defined in KRS 278.465. 19 (14) If any provision of this section or the application thereof to any person or 20 circumstance is held invalid, the invalidity shall not affect other provisions or 21 applications of this section which can be given effect without the invalid provision 22 or application, and to that end the provisions are declared to be severable. 23 Section 3. KRS 278.706 is amended to read as follows: 24 (1) Any person seeking to obtain a construction certificate from the board to construct a 25 merchant electric generating facility shall file an application at the office of the 26 Public Service Commission. 27 UNOFFICIAL COPY 24 RS BR 1136 Page 9 of 16 XXXX 2/16/2024 2:15 PM Jacketed (2) A completed application shall include the following: 1 (a) The name, address, and telephone number of the person proposing to 2 construct and own the merchant electric generating facility; 3 (b) A full description of the proposed site, including a map showing the distance 4 of the proposed site from residential neighborhoods, the nearest residential 5 structures, schools, and public and private parks that are located within a two 6 (2) mile radius of the proposed facility; 7 (c) Evidence of public notice that shall include the location of the proposed site 8 and a general description of the project, state that the proposed construction is 9 subject to approval by the board, and provide the telephone number and 10 address of the Public Service Commission. Public notice shall be given within 11 thirty (30) days immediately preceding the application filing to: 12 1. Landowners whose property borders the proposed site; and 13 2. The general public in a newspaper of general circulation in the county or 14 municipality in which the facility is proposed to be located; 15 (d) A statement certifying that the proposed plant will be in compliance with all 16 local ordinances and regulations concerning noise control and with any local 17 planning and zoning ordinances. The statement shall also disclose setback 18 requirements established by the planning and zoning commission as provided 19 under KRS 278.704(3); 20 (e) If the facility is not proposed to be located on a site of a former coal 21 processing plant and the facility will use on-site waste coal as a fuel source or 22 in an area where a planning and zoning commission has established a setback 23 requirement pursuant to KRS 278.704(3), a statement that the exhaust stack of 24 the proposed facility and any wind turbine is at least one thousand (1,000) feet 25 from the property boundary of any adjoining property owner and all proposed 26 structures or facilities used for generation of electricity are two thousand 27 UNOFFICIAL COPY 24 RS BR 1136 Page 10 of 16 XXXX 2/16/2024 2:15 PM Jacketed (2,000) feet from any residential neighborhood, school, hospital, or nursing 1 home facility, unless facilities capable of generating ten megawatts (10MW) 2 or more currently exist on the site. If the facility is proposed to be located on a 3 site of a former coal processing plant and the facility will use on-site waste 4 coal as a fuel source, a statement that the proposed site is compatible with the 5 setback requirements provided under KRS 278.704(5). If the facility is 6 proposed to be located in a jurisdiction that has established setback 7 requirements pursuant to KRS 278.704(3), a statement that the proposed site 8 is in compliance with those established setback requirements; 9 (f) A complete report of the applicant's public involvement program activities 10 undertaken prior to the filing of the application, including: 11 1. The scheduling and conducting of a public meeting in the county or 12 counties in which the proposed facility will be constructed at least 13 ninety (90) days prior to the filing of an application, for the purpose of 14 informing the public of the project being considered and receiving 15 comment on it; 16 2. Evidence that notice of the time, subject, and location of the meeting 17 was published in the newspaper of general circulation in the county, and 18 that individual notice was mailed to all owners of property adjoining the 19 proposed project at least two (2) weeks prior to the meeting; and 20 3. Any use of media coverage, direct mailing, fliers, newsletters, additional 21 public meetings, establishment of a community advisory group, and any 22 other efforts to obtain local involvement in the siting process; 23 (g) A summary of the efforts made by the applicant to locate the proposed facility 24 on a site where existing electric generating facilities are located; 25 (h) Proof of service of a copy of the application upon the chief executive officer 26 of each county and municipal corporation in which the proposed facility is to 27 UNOFFICIAL COPY 24 RS BR 1136 Page 11 of 16 XXXX 2/16/2024 2:15 PM Jacketed be located, and upon the chief officer of each public agency charged with the 1 duty of planning land use in the jurisdiction in which the facility is proposed 2 to be located; 3 (i) An analysis of the proposed facility's projected effect on the electricity 4 transmission system in Kentucky; 5 (j) An analysis of the proposed facility's economic impact on the affected region 6 and the state; 7 (k) A detailed listing of all violations by it, or any person with an ownership 8 interest, of federal or state environmental laws, rules, or administrative 9 regulations, whether judicial or administrative, where violations have resulted 10 in criminal convictions or civil or administrative fines exceeding five 11 thousand dollars ($5,000). The status of any pending action, whether judicial 12 or administrative, shall also be submitted; 13 (l) A site assessment report as specified in KRS 278.708. The applicant may 14 submit and the board may accept documentation of compliance with the 15 National Environmental Policy Act (NEPA) rather than a site assessment 16 report;[ and] 17 (m) A decommissioning plan that shall describe how the merchant electric 18 generating facility will be decommissioned and dismantled following the end 19 of its useful life. The decommissioning plan shall, at a minimum, include 20 plans to: 21 1. Unless otherwise requested by the landowner, remove all above-ground 22 facilities; 23 2. Unless otherwise requested by the landowner, remove any underground 24 components and foundations of above-ground facilities. Facilities 25 removed under this subparagraph shall be removed to a depth of three 26 (3) feet below the surface grade of the land in or on which the 27 UNOFFICIAL COPY 24 RS BR 1136 Page 12 of 16 XXXX 2/16/2024 2:15 PM Jacketed component was installed, unless the landowner and the applicant 1 otherwise agree to a different depth; 2 3. Return the land to a substantially similar state as it was prior to the 3 commencement of construction; 4 4. Unless otherwise requested by the landowner, leave any interconnection 5 or other facilities in place for future use at the completion of the 6 decommissioning process; 7 5. Secure a bond or other similar security for the project to assure financial 8 performance of the decommissioning obligation, provided that: 9 a. The amount of the proposed bond or similar security shall be 10 determined by an independent, licensed engineer who is 11 experienced in the decommissioning of solar electric generating 12 facilities and has no financial interest in either the merchant 13 electric generating facility or any parcel of land upon which the 14 merchant electric generating facility is located. The proposed 15 amount of the bond or similar security shall be either: 16 i. The net present value of the total estimated cost of 17 completing the decommissioning plan, less the current net 18 salvage value of the merchant electric generating facility's 19 components; or 20 ii. The bond amount required by a county or municipal 21 government that has established a decommissioning bond 22 requirement or similar security obligation in the county or 23 municipality where the merchant electric generating facility 24 will be located. If the facility will be located in more than 25 one (1) county or municipality that has established a 26 decommissioning bond or similar security obligation, then 27 UNOFFICIAL COPY 24 RS BR 1136 Page 13 of 16 XXXX 2/16/2024 2:15 PM Jacketed the higher amount shall be required for the facility; 1 b. The bond or other similar security names: 2 i. For property that is leased by the applicant, each landowner 3 from whom the applicant leases land and the Energy and 4 Environment Cabinet as the primary co-beneficiaries; or 5 ii. For property that is owned by the applicant, the Energy and 6 Environment Cabinet as the primary beneficiary; 7 c. If the merchant electric generating facility is to be located in a 8 county or municipality that has not established a decommissioning 9 bond or other similar security obligation, the bond or other similar 10 security shall name the county or municipality as a secondary 11 beneficiary with the county's or municipality's consent; 12 d. The bond or other similar security shall be provided by an 13 insurance company or surety that shall at all times maintain at least 14 an "Excellent" rating as measured by the AM Best rating agency 15 or an investment grade credit rating by any national credit rating 16 agency and, if available, shall be noncancelable by the provider or 17 the customer until completion of the decommissioning plan or 18 until a replacement bond is secured; and 19 e. The bond or other similar security shall provide that at least thirty 20 (30) days prior to its cancellation or lapse, the surety shall notify 21 the applicant, its successor or assign, each landowner, the Energy 22 and Environment Cabinet, and the county or city in which the 23 facility is located of the impending cancellation or lapse. The 24 notice shall specify the reason for the cancellation or lapse and 25 provide any of the parties, either jointly or separately, the 26 opportunity to cure the cancellation or lapse prior to it becoming 27 UNOFFICIAL COPY 24 RS BR 1136 Page 14 of 16 XXXX 2/16/2024 2:15 PM Jacketed effective. The applicant, its successor, or its assign, shall be 1 responsible for all costs incurred by all parties to cure the 2 cancellation or lapse of the bond. Each landowner, or the Energy 3 and Environment Cabinet with the prior approval of each 4 landowner, may make a demand on the bond and initiate and 5 complete the decommissioning plan. 6 6. Communicate with each affected landowner at the end of the merchant 7 electric generating facility's useful life so that any requests of the 8 landowner that are in addition to the minimum requirements set forth in 9 this paragraph and in addition to any other requirements specified in the 10 lease with the landowner may, in the sole discretion of the applicant or 11 its successor or assign, be accommodated; and 12 7. Incorporate the requirements of subparagraphs 1. to 6. of this paragraph 13 into the applicant's leases with landowners; 14 (n) A statement certifying that no portion of a proposed construction site for a 15 solar powered merchant electric generating facility will be located on land 16 that was previously acquired by the applicant or by a commission-regulated 17 utility through eminent domain pursuant to this chapter or KRS Chapter 18 279 or 416; and 19 (o) 1. A statement certifying that approval of the proposed site would not 20 result in more than one percent (1%) of the total land area of any 21 county where the proposed site is to be located being occupied by solar 22 electric generating facilities. 23 2. As used in this paragraph: 24 a. "Solar electric generating facility" means any: 25 i. Solar powered merchant electric generating facility; 26 ii. Solar powered electric generating facility that is owned or 27 UNOFFICIAL COPY 24 RS BR 1136 Page 15 of 16 XXXX 2/16/2024 2:15 PM Jacketed operated by a municipality or combined water and electric 1 plant board operating under KRS Chapter 96; and 2 iii. Solar powered electric generating facility that is owned or 3 operated by a utility or electric cooperative regulated by the 4 commission under this chapter or KRS Chapter 279; and 5 b. "Solar electric generating facility" does not include any eligible 6 electric generating facility used for net metering as those terms 7 are defined in KRS 278.465. 8 (3) Application fees for a construction certificate shall be set by the board and 9 deposited into a trust and agency account to the credit of the commission. 10 (4) Replacement of a merchant electric generating facility with a like facility, or the 11 repair, modification, retrofitting, enhancement, or reconfiguration of a merchant 12 electric generating facility shall not, for the purposes of this section and KRS 13 224.10-280, 278.704, 278.708, 278.710, and 278.712, constitute construction of a 14 merchant electric generating facility. 15 (5) The board shall promulgate administrative regulations prescribing fees to pay 16 expenses associated with its review of applications filed with it pursuant to KRS 17 278.700 to 278.716. All application fees collected by the board shall be deposited in 18 a trust and agency account to the credit of the Public Service Commission. If a 19 majority of the members of the board find that an applicant's initial fees are 20 insufficient to pay the board's expenses associated with the application, including 21 the board's expenses associated with legal review thereof, the board shall assess a 22 supplemental application fee to cover the additional expenses. An applicant's failure 23 to pay a fee assessed pursuant to this subsection shall be grounds for denial of the 24 application. 25 SECTION 4. A NEW SECTION OF KRS CHAPTER 416 IS CREATED TO 26 READ AS FOLLOWS: 27 UNOFFICIAL COPY 24 RS BR 1136 Page 16 of 16 XXXX 2/16/2024 2:15 PM Jacketed Notwithstanding any provision of law to the contrary, no land condemned by eminent 1 domain under this chapter or any other grant of condemnation authority under state 2 law shall be used for the construction of a facility that generates electricity using solar 3 energy. 4 Section 5. KRS 416.570 is amended to read as follows: 5 Except as otherwise provided in KRS 416.560, a condemnor seeking to condemn 6 property or the use and occupation thereof, shall file a verified petition in the Circuit 7 Court of the county in which all or the greater portion of the property sought to be 8 condemned is located, which petition shall state that it is filed under the provisions of 9 KRS 416.550 to 416.670 and shall contain, in substance: 10 (1) Allegations sufficient to show that the petitioner is entitled, under the provisions of 11 applicable law, to exercise the right of eminent domain and to condemn the 12 property, or the use and occupation thereof, sought to be taken in such proceedings; 13 (2) A statement certifying that the proposed condemnation will not violate Section 4 14 of this Act; 15 (3) A particular description of the property and the use and occupation thereof sought 16 to be condemned; and 17 (4)[(3)] An application to the court to appoint commissioners to award the amount of 18 compensation the owner of the property sought to be condemned is entitled to 19 receive therefor. 20