KRS 234.288: Referendum results -- Issuance of order -- Initial and annual assessments.

(1) The results of the referendum, as certified by the independent auditing firm, shall be

submitted to the commissioner within thirty (30) days of certification.

(2) For the purpose of the referendum, producers and suppliers shall be considered a

single c lass. Upon approval of those persons representing two -thirds (2/3) of the

total volume of odorized propane voted in the retail marketer class and approval of

those persons representing two -thirds (2/3) of the total volume of propane voted in

the producer a nd supplier class, the commissioner shall issue an order authorizing

the assessment.

(3) The initial assessment proposed shall be no greater than one -tenth of one cent

($0.001) per gallon of odorized propane. Thereafter, the annual assessment shall be

set by the council in an amount adequate to cover the cost of plans and programs

developed by the council. In no event shall the annual assessment levied under the

provisions of the referendum exceed one -half of one cent ($0.005) per gallon of

odorized propane unless approved by the majority of those voting in both the retail

marketer class and the producer and supplier class in a separate referendum. The

increase in the annual assessment as provided for in this subsection is limited to

one-tenth of one cent ($0.001) per year.