{"data":{"id":"us-ky/krs-109.0417","jurisdiction":"us-ky","citation":"KRS 109.0417","heading":"Procedures for a local government's change of solid waste management","body":"service providers or award of a new franchise for provision of solid waste\nmanagement services.\n(1) (a) A local government shall not:\n1. Commence solid waste management ser vices that would have the effect\nof prohibiting a service company from continuing to provide services\nthat it was providing prior to commencement of services by the local\ngovernment; or\n2. Award a franchise for solid waste management services where no\nfranchise exists;\nunless the local government complies with the requirements in this section.\n(b) Paragraph (a) of this subsection shall not apply to:\n1. The renewal, according to its terms, or replacement, upon its expiration,\nof an existing franchise;\n2. The expansion or extension of urban services related to residential waste\nmanagement services for single -family or two (2) family dwelling units\nby an urban-county government pursuant to KRS Chapter 67A, so long\nas the urban-county government:\na. Holds at least one (1) public hearing and provides written notice to\nall service companies registered within the urban -county\ngovernment no later than ten (10) days prior to the scheduled\npublic hearing; and\nb. Provides written notice to all service companies registered with the\nurban-county government no later than ten (10) days after:\ni. Receiving a petition to extend urban services;\nii. Mailing voting cards to proposed service recipients regarding\nthe petition so long as the written notice contains the date\nthat voting cards are to be returned by the recipient; and\niii. Making a final determination; or\n3. The initial issuance of a franchi se by a local government for the\nprovision of solid waste management services following a period where\nthe local government has exclusively provided the same solid waste\nmanagement services in the same or any portion of the same solid waste\nmanagement area in which the initial franchise issuance is proposed.\n(2) Not less than one hundred eighty (180) days prior to making a final determination to\ntake an action described in subsection (1)(a) of this section, a local government\nshall send written notification  by certified mail to the local Kentucky address of all\nservice companies providing solid waste management services within the solid\nwaste management area where the action is proposed to occur that:\n(a) Describes the proposed action in detail;\n(b) Provides the date, time, and location of the public hearing required pursuant to\nsubsection (3) of this section; and\n(c) Designates a responsible official within the local government to be available\nto personally communicate with any service company regarding the particular\ndetails of and rationale for the proposed action, including but not limited to\nthe economic and employment consequences of the proposed action.\n(3) No sooner than forty -five (45) days but within one hundred eighty (180) days\nfollowing the writte n notice required under subsection (2) of this section, the local\ngovernment shall:\n(a) Hold one (1) public hearing that is advertised to the public in accordance with\nKRS 424.130 for the purposes of:\n1. Describing the proposed action, including but not li mited to the\neconomic and employment consequences of the plan; and\n2. Accepting written comments from the public and service companies\nregarding the proposed action; and\n(b) Accept additional verbal and written comments regarding the proposed action\nfor no  less than thirty (30) days following the public hearing described in\nparagraph (a) of this subsection.\n(4) No later than sixty (60) days following the close of the public comment period\ndescribed in subsection (3) of this section, the local government sha ll prepare a\nsummary of all comments, and the local government's response to each comment,\nreceived at the public hearings. The local government shall send, by certified mail,\nthe summary and response to any service company that has submitted comments\nand make the summary and response to comments available to the public as an open\nrecord.\n(5) (a) If a local government makes a final determination to take an action described\nin subsection (1)(a) of this section, the effective time for the action shall be\ngoverned by this subsection.\n(b) For actions described in subsection (1)(a)1. of this section, the action shall\ntake place no sooner than eighteen (18) months following the local\ngovernment's final determination.\n(c) For actions described in subsection (1)(a)2 . of this section, the franchise\naward shall be effective no sooner than twelve (12) months following the local\ngovernment's final determination.\n(d) This subsection shall not apply to actions taken by a county or solid waste\nmanagement district pursuant to KRS 109.059.\n(6) If a local government makes a final determination to take an action described in\nsubsection (1)(a) of this section, the final determination shall be made no later than\nthree hundred sixty-five (365) days from the date of the notice requi red pursuant to\nsubsection (2) of this section.\n(7) If a local government submits a bid or proposal to perform solid waste management\nservices in competition with a service company, the local government shall\nincorporate in its bid or proposal all elements  that are required of bids from service\ncompanies for the same services.\n(8) For actions described in subsection (1)(a)1. of this section, nothing in this section\nshall be interpreted to preclude a local government and the service company or\ncompanies impa cted by the action from entering into an agreement that provides\nalternative terms and conditions to govern the rights of a local government and a\nservice company or companies, including but not limited to a complete waiver of\nthe requirements of this section.\n(9) This section shall not apply to actions taken by a local government:\n(a) To the extent necessary to mitigate conditions caused by a service company\nthat are reasonably determined to threaten the health or safety of the residents\nof the community, or a material breach of a contract with the local\ngovernment, after the service company has been given written notice and the\nopportunity to cure the condition. If the contract with the local government\nprovides for the remedy associated with a breach of t he contract, the terms of\nthe contract shall take precedence over this paragraph; or\n(b) That would result in the service company's loss of fifty (50) or fewer\nresidential customers due to the action. A local government may only take one\n(1) action to which this paragraph applies every three (3) years.","path":["KRS Chapter 109"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52706","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:10Z","sha256":"0e728db990336590d3386f3b9f35acb134b3014f76aaf5cd1823916ec7905dde","source_id":"us-ky","stale":false,"prev":"us-ky/krs-109.0415","next":"us-ky/krs-109.042"},"notice":"GroundRules: Original legal text. Not legal advice."}