154.22.040 Certification of qualified counties -- Loss of certification -- Coal-producing counties qualified for electric generation -- Selection of eligible companies under Rural Economic Development - Kentucky Statutes

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154.22-040 Certification of qualified counties -- Loss of certification -- Coal-producing counties qualified for electric generation -- Selection of eligible
companies under Rural Economic Development Assistance Program --
Limitation of applicability for nonprofit corporations with handicapped and
sheltered workers. (1) Each year, the authority shall under its Rural Economic Development Assistance Program, on the basis of the final unemployment figures calculated by the Office of
Employment and Training within the Department of Workforce Investment in the
Education and Workforce Development Cabinet, determine which counties have
had a countywide rate of unemployment exceeding the statewide unemployment
rate of the Commonwealth in the most recent five (5) consecutive calendar years, or
which have had an average countywide rate of unemployment exceeding the
statewide unemployment rate of the Commonwealth by two hundred percent
(200%) in the most recent calendar year, and shall certify those counties as qualified
counties. A county not certified on the basis of final unemployment figures may
also be certified as a qualified county if the authority determines the county is one
(1) of the sixty (60) most distressed counties in the Commonwealth based on the
following criteria with equal weight given to each criterion:
(a) The average countywide rate of unemployment in the most recent three (3) consecutive calendar years, on the basis of final unemployment figures
calculated by the Office of Employment and Training within the Department
of Workforce Investment in the Education and Workforce Development
Cabinet; (b) In each county the percentage of adults twenty-five (25) years of age and older who have attained at least a high school education or equivalent, on the basis
of the most recent data available from the United States Department of
Commerce, Bureau of the Census; and (c) Road quality, as quantified by the access within a county to roads ranked in descending order from best quality to worst quality as follows: two (2) or
more interstate highways, one (1) interstate highway, a state four (4) lane
parkway, four (4) lane principal arterial access to an interstate highway, state
two (2) lane parkway and none of the preceding road types, as certified by the
Kentucky Transportation Cabinet to the authority. If the authority determines that a county which has previously been certified as a
qualified county no longer meets the criteria of this subsection, the authority shall
decertify that county. The authority shall not provide inducements for any facilities
in that county and an approved company shall not be eligible for the inducements
offered by KRS 154.22-010 to 154.22-070 unless the tax incentive agreements
required herein are entered into by all parties prior to July 1 of the year following
the calendar year in which the authority decertified that county. In addition, the
authority shall certify coal-producing counties, not otherwise certified as qualified
counties in this subsection, for economic development projects involving the new
construction of electric generation facilities. A coal-producing county shall mean a
county in the Commonwealth of Kentucky that has produced coal upon which the tax imposed under KRS 143.020 was paid at any time. For economic development
projects undertaken in a regional industrial park, as defined in KRS 42.4588, or in
an industrial park created pursuant to an interlocal agreement in which revenues are
shared as provided in KRS 65.245, where the physical boundaries of the industrial
park lie within two (2) or more counties of which at least one (1) of the counties is a
qualified county under this section, an eligible company undertaking an economic
development project within the physical boundaries of the industrial park may be
approved for the inducements under KRS 154.22-010 to 154.22-080. (2) The authority shall establish the procedures and standards for the determination and approval of eligible companies and their economic development projects by the
promulgation of administrative regulations in accordance with KRS Chapter 13A.
The criteria for approval of eligible companies and economic development projects
shall include but not be limited to the creditworthiness of eligible companies; the
number of new jobs to be provided by an economic development project to
residents of the Commonwealth; and the likelihood of the economic success of the
economic development project. (3) The economic development project shall involve a minimum investment of one hundred thousand dollars ($100,000) by the eligible company and shall result in the
creation by the eligible company, within two (2) years from the date of the final
approval authorizing the economic development project, of a minimum of fifteen
(15) new full-time jobs at the site of the economic development project for
Kentucky residents to be employed by the eligible company and to be held by
persons subject to the personal income tax of the Commonwealth. The authority
may extend this two (2) year period upon the written application of an eligible
company requesting an extension. (4) (a) Within six (6) months after the activation date, the approved company shall compensate a minimum of ninety percent (90%) of its full-time employees
whose jobs were created with base hourly wages equal to either:
1. Seventy-five percent (75%) of the average hourly wage for the
Commonwealth; or 2. Seventy-five percent (75%) of the average hourly wage for the county in
which the project is to be undertaken. (b) If the base hourly wage calculated in paragraph (a)1. or 2. of this subsection is less than one hundred fifty percent (150%) of the federal minimum wage, then
the base hourly wage shall be one hundred fifty percent (150%) of the federal
minimum wage. However, for projects receiving preliminary approval of the
authority prior to July 1, 2008, the base hourly wage shall be one hundred fifty
percent (150%) of the federal minimum wage existing on January 1, 2007. In
addition to the applicable base hourly wage calculated above, the eligible
company shall provide employee benefits equal to at least fifteen percent
(15%) of the applicable base hourly wage; however, if the eligible company
does not provide employee benefits equal to at least fifteen percent (15%) of
the applicable base hourly wage, the eligible company may qualify under this
section if it provides the employees hired by the eligible company as a result of the economic development project total hourly compensation equal to or
greater than one hundred fifteen percent (115%) of the applicable base hourly
wage through increased hourly wages combined with employee benefits. (c) The requirements of this subsection shall not apply to eligible companies which are nonprofit corporations established under KRS 273.163 to 273.387
and whose employees are handicapped and sheltered workshop workers
employed at less than the established minimum wage as authorized by KRS
337.295. For an eligible company, within a regional industrial park which lies within two (2)
or more counties, the calculation of the wage and benefit requirement shall be
determined by averaging the average county hourly wage for all counties within the
regional industrial park. (5) No economic development project which will result in the replacement of agribusiness, manufacturing, or electric generation facilities existing in the state
shall be approved by the authority; however, the authority may approve an
economic development project that:
(a) Rehabilitates an agribusiness, manufacturing, or electric generation facility: 1. Which has not been in operation for a period of ninety (90) or more
consecutive days; 2. For which the current occupant of the facility has published a notice of
closure so long as the eligible company intending to acquire the facility
is not an affiliate of the current occupant; or 3. The title to which is vested in other than the eligible company or an
affiliate of the eligible company and that is sold or transferred pursuant
to a foreclosure ordered by a court of competent jurisdiction or an order
of a bankruptcy court of competent jurisdiction; (b) Replaces an agribusiness, manufacturing, or electric generation facility existing in the Commonwealth:
1. The title to which shall have been taken under the exercise of the power
of eminent domain, or the title to which shall be the subject of a
nonappealable judgment granting the authority to exercise the power of
eminent domain, in either event to the extent that normal operations
cannot be resumed at the facility within twelve (12) months; or 2. Which has been damaged or destroyed by fire or other casualty to the
extent that normal operations cannot be resumed at the facility within
twelve (12) months; or (c) Replaces an existing agribusiness, manufacturing, or electric generation facility located in the same qualified county, and the existing agribusiness,
manufacturing, or electric generation facility to be replaced cannot be
expanded due to the unavailability of real estate at or adjacent to the
agribusiness, manufacturing, or electric generation facility to be replaced. Any
economic development project satisfying the requirements of this subsection
shall only be eligible for inducements to the extent of the expansion, and no inducements shall be available for the equivalent of the agribusiness,
manufacturing, or electric generation facility to be replaced. No economic
development project otherwise satisfying the requirements of this subsection
shall be approved by the authority which results in a lease abandonment or
lease termination by the approved company without the consent of the lessor. (6) With respect to each eligible company making an application to the authority for inducements, and with respect to the economic development project described in the
application, the authority shall request materials and make inquiries of the applicant
as necessary or appropriate. Upon review of the application and completion of
initial inquiries, the authority may, by resolution, give its preliminary approval by
designating an eligible company as a preliminarily approved company and
authorizing the undertaking of the economic development project. After preliminary
approval, the authority may by final approval designate an eligible company to be
an approved company. Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 11, sec. 38, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 69, sec. 2, effective June 26, 2007. -- Amended 2006 Ky. Acts
ch. 211, sec. 70, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 84, sec. 1,
effective April 6, 2004. -- Amended 2002 Ky. Acts ch. 338, sec. 20, effective July
15, 2002. -- Amended 2000 Ky. Acts ch. 321, sec. 3, effective July 14, 2000. --
Amended 1998 Ky. Acts ch. 349, sec. 1, effective July 15, 1998; and ch. 584, sec. 1,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 194, sec. 30, effective July
15, 1996; and ch. 271, sec. 8, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 450, sec. 5, effective July 15, 1994.