KRS 224.20-050: Fee for administration of air quality program -- Exceptions.

(1) As used in this section, "emergency stationary internal combustion engine" means

any engine that:

(a) Has no time limits on use in emergency situations;

(b) Is operated for a maximum of one hundred (100) hours per calendar year for

all nonemergency situations, including maintenance checks and readiness

testing; and

(c) Is operated for a maximum of fifty (50) hours per calendar year for

nonemergency situations that do not const itute maintenance checks or

readiness testing. Hours of operation under this paragraph are counted as part

of the one hundred (100) hours allowed under paragraph (b) of this

subsection.

(2) The cabinet, or an air pollution control district created pursuant to KRS Chapters 77

and 224, may promulgate administrative 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, Pub. L. No. 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 26

U.S.C. sec. 6621(a)(2), as amended, relating to computation of interest on

underpayment of federal taxes.

(3) The cabinet may use the fee structure implemented by administrative regulations to

generate funds to finance the cabinet's air quality program. The ca binet's fee

structure shall not generate moneys in excess of the amount authorized in the

enacted budget bill.

(4) Except as provided in subsection (5) of this section, the emissions fees shall be

assessed on each permitted source of regulated air pollutan ts emitted in the

preceding year, and the cabinet shall not create an upper limit on the amount of

actual emissions of a single regulated air pollutant from a permitted source emitted

in the preceding year that may be assessed emissions fees.

(5) An emergency stationary internal combustion engine unit shall not subject a source

that has been issued a state origin or federally enforceable non -major source permit

to the assessment or payment of emissions fees on any emissions from that source.

(6) 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 e nd 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.