100.324 Public utility facilities excepted -- Review of proposed acquisition, disposition, or change by commission. - Kentucky Statutes

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100.324 Public utility facilities excepted -- Review of proposed acquisition, disposition, or change by commission. (1) All other provisions of this chapter to the contrary notwithstanding, public utilities operating under the jurisdiction of the Public Service Commission, except as
specified in KRS 100.987, or the Department of Vehicle Regulation or Federal
Energy Regulatory Commission, any municipally owned electric system, and
common carriers by rail shall not be required to receive the approval of the planning
unit for the location or relocation of any of their service facilities. Service facilities
include all facilities of such utilities and common carriers by rail other than office
space, garage space, and warehouse space and include office space, garage space,
and warehouse space when such space is incidental to a service facility. The Public
Service Commission and the Department of Vehicle Regulation shall give notice to
the planning commission of any planning unit of any hearing which affects
locations or relocations of service facilities within that planning unit's jurisdiction. (2) The nonservice facilities excluded in subsection (1) of this section must be in accordance with the zoning regulations. (3) Upon the request of the planning commission, the public utilities referred to in this section shall provide the planning commission of the planning unit affected with
information concerning service facilities which have been located on and relocated
on private property. (4) Any proposal for acquisition or disposition of land for public facilities, or changes in the character, location, or extent of structures or land for public facilities,
excluding state and federal highways and public utilities and common carriers by
rail mentioned in this section, shall be referred to the commission to be reviewed in
light of its agreement with the comprehensive plan, and the commission shall,
within sixty (60) days from the date of its receipt, review the project and advise the
referring body whether the project is in accordance with the comprehensive plan. If
it disapproves of the project, it shall state the reasons for disapproval in writing and
make suggestions for changes which will, in its opinion, better accomplish the
objectives of the comprehensive plan. No permit required for construction or
occupancy of such public facilities shall be issued until the expiration of the sixty
(60) day period or until the planning commission issues its report, whichever occurs
first. Effective: April 23, 2002
History: Amended 2002 Ky. Acts ch. 89, sec. 3, effective July 15, 2002; ch. 343, sec. 1, effective April 23, 2002; and ch 346, sec. 151, effective July 15, 2002. --
Amended 1998 Ky. Acts ch. 231, sec. 3, effective July 15, 1998. -- Amended 1996
Ky. Acts ch. 383, sec. 1, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 144,
sec. 7, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 304, sec. 1, effective
July 13, 1984. -- Created 1966 Ky. Acts ch. 172, sec. 80. Legislative Research Commission Note (4/23/2002). This section was amended by 2002 Ky. Acts ch. 89, sec. 3, ch. 343, sec. 1, and ch. 346, sec. 151. Chs. 89 and 343
are not in conflict and have been codified together. Chs. 343 and 346 appear to be in
conflict, and where a conflict exists, the substantive changes in ch. 343 have been
allowed to prevail over the revisory changes in ch. 346. Cf. KRS 7.123.