Kentucky Statutes 350.139 – Deposit of funds to State Treasury — Exceptions — Amount to be transferred to fiscal courts — Remainder for Division of Mine Permits
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(1) All prior enactments of this General Assembly to the contrary notwithstanding, all funds received by the Energy and Environment Cabinet through the payment of fees and civil penalties shall be deposited in the State Treasury to the credit of the general fund, except those fees established in KRS § 350.060(11) and (13),
350.070(2) and (4), 350.135(1), and as provided in KRS § 350.990(1). All funds from the forfeiture of bonds shall be placed in the State Treasury in an interest-bearing account and credited to a special agency account. The interest shall become a supplemental fund and may be used to supplement forfeited bonds which are inadequate to complete the reclamation plan. Except as provided in KRS
350.131(1), forfeited bond funds shall be expended upon the lands for which the bond was given. The interest may be expended upon lands other than those for which the bond was given. No more than twenty-five percent (25%) of the supplemental fund may be expended upon any single site, unless a larger expenditure is necessary to abate an imminent danger to public health or safety.
(2) (a) Subject to the limitation in paragraph (b) of this subsection, the Department for Natural Resources shall, on or before August 1 of each year, transfer to the fiscal court of the county in which the permitted operation is located, an amount equal to thirty-three and one-third percent (33-1/3%) of all funds paid during the preceding fiscal year as fees for the issuance of any permit for surface coal mining operations for the general purposes of that fiscal court.
(b) The department shall calculate the amount to be transferred each year under this subsection as if the fee rates in effect pursuant to this chapter on October
1, 2009, were still in effect during the preceding fiscal year.
(3) Except for the amount of fees paid to fiscal courts pursuant to subsection (2) of this section, all permit and acreage fees established in KRS § 350.060(11) and (13),
350.070(2) and (4), and 350.135(1) shall be held specifically for the use of the
Division of Mine Permits.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1879, effective July 15, 2010; and ch.
103, sec. 4, effective April 8, 2010. — Amended 1998 Ky. Acts ch. 222, sec. 2, effective July 15, 1998. — Amended 1990 Ky. Acts ch. 210, sec. 7, effective July 13,
1990. — Amended 1982 Ky. Acts ch. 409, sec. 14, effective July 15, 1982. — Amended 1980 Ky. Acts ch. 377, sec. 4. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2)(7); Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 81.
Legislative Research Commission Note (7/15/2010). This section was amended by
2010 Ky. Acts chs. 24 and 103, which do not appear to be in conflict and have been codified together.
350.070(2) and (4), 350.135(1), and as provided in KRS § 350.990(1). All funds from the forfeiture of bonds shall be placed in the State Treasury in an interest-bearing account and credited to a special agency account. The interest shall become a supplemental fund and may be used to supplement forfeited bonds which are inadequate to complete the reclamation plan. Except as provided in KRS
Terms Used In Kentucky Statutes 350.139
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 350.010
- 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.
- Reclamation: means the reconditioning of the area affected by surface coal mining operations under a plan approved by the cabinet. See Kentucky Statutes 350.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Surface coal mining operations: means activities conducted on the surface of lands in connection with a surface coal mine and surface impacts incident to an underground coal mine. See Kentucky Statutes 350.010
- Year: means calendar year. See Kentucky Statutes 446.010
350.131(1), forfeited bond funds shall be expended upon the lands for which the bond was given. The interest may be expended upon lands other than those for which the bond was given. No more than twenty-five percent (25%) of the supplemental fund may be expended upon any single site, unless a larger expenditure is necessary to abate an imminent danger to public health or safety.
(2) (a) Subject to the limitation in paragraph (b) of this subsection, the Department for Natural Resources shall, on or before August 1 of each year, transfer to the fiscal court of the county in which the permitted operation is located, an amount equal to thirty-three and one-third percent (33-1/3%) of all funds paid during the preceding fiscal year as fees for the issuance of any permit for surface coal mining operations for the general purposes of that fiscal court.
(b) The department shall calculate the amount to be transferred each year under this subsection as if the fee rates in effect pursuant to this chapter on October
1, 2009, were still in effect during the preceding fiscal year.
(3) Except for the amount of fees paid to fiscal courts pursuant to subsection (2) of this section, all permit and acreage fees established in KRS § 350.060(11) and (13),
350.070(2) and (4), and 350.135(1) shall be held specifically for the use of the
Division of Mine Permits.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1879, effective July 15, 2010; and ch.
103, sec. 4, effective April 8, 2010. — Amended 1998 Ky. Acts ch. 222, sec. 2, effective July 15, 1998. — Amended 1990 Ky. Acts ch. 210, sec. 7, effective July 13,
1990. — Amended 1982 Ky. Acts ch. 409, sec. 14, effective July 15, 1982. — Amended 1980 Ky. Acts ch. 377, sec. 4. — Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(2)(7); Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 81.
Legislative Research Commission Note (7/15/2010). This section was amended by
2010 Ky. Acts chs. 24 and 103, which do not appear to be in conflict and have been codified together.