Kentucky Statutes 224.20-050 – Fee for administration of air quality program
Current as of: 2024 | Check for updates
|
Other versions
(1) The cabinet, or an air pollution control district created pursuant to KRS Chapters 77 and 224, may promulgate regulations adopting fees for the cost of administering the air quality program authorized by this chapter, as mandated under the Clean Air Act Amendments of 1990 (Public Law 101-549, as amended). Any person who fails to pay a fee as required by the administrative regulations adopted pursuant to this section shall pay an additional fee equal to fifty percent (50%) of the fee amount, plus interest on the fee amount computed in accordance with Section 6621(a)(2) of the Internal Revenue Code of 1986 (Public Law 99-499, as amended, relating to computation of interest on underpayment of federal taxes).
(2) The cabinet may use the fee structure implemented by administrative regulations to generate funds to finance the cabinet’s air quality program. The cabinet’s fee structure shall not generate moneys in excess of the amount authorized in the enacted budget bill.
(3) The emissions fees shall be assessed on each permitted source of regulated air pollutants emitted in the preceding year.
(4) Moneys generated by a fee structure shall be deposited into a separate and distinct interest-bearing account and invested in accordance with administrative regulations promulgated by the State Investment Commission pursuant to KRS § 42.525. Moneys not expended at the end of a fiscal year shall be carried forward to the next fiscal year. Any available balance shall be credited against the emissions fee required in the succeeding fiscal year, and shall be credited to each source according to the proportion of the total of all emission fees which were paid by that source in a timely manner.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 14, sec. 1, effective June 27, 2019. — Amended
1994 Ky. Acts ch. 162, sec. 1, effective July 15, 1994. — Created 1990 Ky. Acts ch.
471, sec. 6, effective July 13, 1990.
Formerly codified as KRS § 224.1167.
(2) The cabinet may use the fee structure implemented by administrative regulations to generate funds to finance the cabinet’s air quality program. The cabinet’s fee structure shall not generate moneys in excess of the amount authorized in the enacted budget bill.
Terms Used In Kentucky Statutes 224.20-050
- Air pollution: means the presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as is or threatens to be injurious to human, plant, or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. See Kentucky Statutes 224.1-010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- District: means an air pollution control district as provided for in KRS Chapter 77. See Kentucky Statutes 224.1-010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(3) The emissions fees shall be assessed on each permitted source of regulated air pollutants emitted in the preceding year.
(4) Moneys generated by a fee structure shall be deposited into a separate and distinct interest-bearing account and invested in accordance with administrative regulations promulgated by the State Investment Commission pursuant to KRS § 42.525. Moneys not expended at the end of a fiscal year shall be carried forward to the next fiscal year. Any available balance shall be credited against the emissions fee required in the succeeding fiscal year, and shall be credited to each source according to the proportion of the total of all emission fees which were paid by that source in a timely manner.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 14, sec. 1, effective June 27, 2019. — Amended
1994 Ky. Acts ch. 162, sec. 1, effective July 15, 1994. — Created 1990 Ky. Acts ch.
471, sec. 6, effective July 13, 1990.
Formerly codified as KRS § 224.1167.