As used in this chapter:
(1) “Authority” means the state authority, or a bi-state authority, or a project authority, unless the specific use requires that it apply only to the state authority, or a bi-state authority, or a project authority;
(2) “Bi-state authority” means an authority created under KRS § 175B.030; (3) “Cabinet” means the Transportation Cabinet;
(4) “Commonwealth” means the Commonwealth of Kentucky; (5) “Cost” means:
(a) The cost of construction of the project, including the acquisition of land, rights-of-way, property, rights in land, easements, and interests acquired by the authority for construction of a project;
(b) The cost of preparing land or property, including demolishing or removing any buildings or structures, and the cost of acquiring any lands to which those buildings or structures may be moved;
(c) The pro-rata value of all machinery and equipment used in construction of the project;
(d) Financing charges and provisions for working capital in an amount the authority determines to be reasonable;
(e) Interest prior to and during construction and, if approved by the authority, for a period up to two (2) years after completion of construction;
(f) The cost of traffic estimates and of engineering, financial and legal services, plans, specifications, surveys, estimates of cost and revenues, or other expenses necessary or incidental to determining the feasibility or practicability of constructing any project;
(g) The cost and expense of the relocation or removal of public utilities impacted by a project, including the cost of installing the facilities in a new location, the cost of any lands or any rights or interests in lands, and the cost of any other rights acquired to accomplish the relocation or removal;
(h) Administrative expenses and any other expenses that are necessary for or incidental to the construction of a project, the financing of the construction, and the placing of the project in operation; and
(i) The cost of maintenance of the completed project.
Any obligation or expense incurred by and reimbursed to the Commonwealth in connection with any of the items of cost set out in this subsection may be regarded as a part of that cost;
(6) “Department” means the Department of Highways;
(7) “Developing authority” means the authority involved in the development of a project;
(8) “Issuing authority” means the authority that will issue or has issued debt associated with a project;
(9) “Local government” means a consolidated local government, an urban-county government, a charter county government, a unified local government, or a county;
(10) “Private partner” means any entity that is a partner in a public-private partnership other than:
(a) The Commonwealth of Kentucky;
(b) Any political subdivision of the Commonwealth; (c) The federal government;
(d) Any other state government;
(e) Any agency of a state, federal, or local government; or
(f) An authority;
(11) (a) “Project” means:
1. Any highway or section of a highway designated as part of, or built to the standards of, the federal interstate highway system and that would be designated a major project by the Federal Highway Administration; or
2. Any fully or partially controlled highway or section of a fully or partially controlled highway not designated as part of, or built to the standards of, the federal interstate highway system, that exceeds one hundred million dollars ($100,000,000) in total cost;
with funding authorized by the plan enacted pursuant to KRS
48.300(2)(b);
(b) “Project” includes all bridges, tollhouses, garages, and other buildings and facilities which the authority deems necessary for the operation of the project, together with all property, rights, easements, and interests which may be acquired by the authority or by the Commonwealth for the construction and operation of a project;
(12) “Project authority” means an authority created pursuant to KRS § 175B.035;
(13) “Project revenue bonds” means revenue funding bonds, revenue refunding bonds, notes, or other financial obligations issued under this chapter by the issuing authority;
(14) “Public-private partnership” means an entity operating pursuant to a written public-private partnership agreement, and composed of:
(a) An authority or authorities;
(b) At least one (1) private partner; (c) The cabinet, if necessary; and
(d) An adjoining state, if necessary, if the public-private partnership is financing a project that is between the Commonwealth and an adjoining state;
(15) “Public utility facilities” means tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project; and
(16) “State authority” means the Kentucky Public Transportation Infrastructure
Authority created under KRS § 175B.015.
Effective:April 8, 2016
History: Amended 2016 Ky. Acts ch. 67, sec. 7, effective April 8, 2016. — Created
2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 76, effective June 26, 2009.