{"data":{"id":"us-ky/krs-56.440","jurisdiction":"us-ky","citation":"KRS 56.440","heading":"Definitions for chapter.","body":"As used in this chapter, unless the context otherwise requires:\n(1) \"Commission\" means the State Property and Buildings Commission;\n(2) \"Real estate\" includes lands together with improvements thereon and appurtenances\nthereto;\n(3) \"Building\" includes any s tructure or improvement upon real estate of a permanent\nnature and additionally includes any sites, structures, equipment, machinery, or\ndevices for the purpose of establishing, developing, or furthering television or\nrelated services in aid of education o r in aid of any other proper public functions,\nwhether or not the same would otherwise be legally defined as buildings; but only\n(except for industrial development projects) if used or to be used by the\nCommonwealth of Kentucky or one (1) of its department s or agencies (not\nincluding independent municipal corporations or political subdivisions);\n(4) \"Building project\" includes the acquisition of any real estate and the acquisition,\nconstruction, reconstruction, and structural maintenance of buildings, the\ninstallation of utility services, including roads and sewers, and the purchase and\ninstallation of equipment, facilities, and furnishings of a permanent nature for\nbuildings; the purchase and installation initially of movable equipment, furnishings,\nand app urtenances necessary to make a building operable; and for television or\nrelated purposes as referred to in subsection (3) of this section, for use by the state\ngovernment or one (1) of its departments or agencies, not including any independent\nmunicipal corporation or political subdivision, or any other capital outlay program\nauthorized by any branch budget bill or other legislation;\n(5) \"Industrial development project\" means and includes the acquisition of any real\nestate and the construction, acquisition,  and installation thereon and with respect\nthereto of improvements and facilities necessary and useful for the improvement of\nsuch real estate for conveyance to or lease to industrial entities to be used for\nmanufacturing, processing, or assembling purposes, including surveys, site tests and\ninspections, subsurface site work, excavation, removal of structures, roadways,\ncemeteries, and other surface obstructions, filling, grading and provision of\ndrainage, storm water detention, installation of utilities su ch as water, sewer,\nsewage treatment, gas, electricity, communication, and other similar facilities, off -\nsite construction of utility extensions to the boundaries of such real estate,\nconstruction and installation of buildings, including buildings to be us ed for worker\ntraining and education, rail facilities, roads, sidewalks, curbs, and other\nimprovements to such real estate necessary to its manufacturing, processing, or\nassembling use by industrial entities; provided that an industrial entity must have\nagreed with the commission, prior to the financing of an industrial development\nproject, to develop, in conjunction with such industrial development project,\nmanufacturing, processing, or assembling facilities satisfactory to the commission;\n(6) \"Industrial entity\" means any corporation, partnership, person, or other legal entity,\nwhether domestic or foreign, which will itself or through its subsidiaries and\naffiliates construct and develop a manufacturing, processing, or assembling facility\non the site of an industrial development project financed pursuant to this chapter;\n(7) \"Incremental taxes\" means, for any fiscal year of the Commonwealth, that amount\nof money which is equal to all tax revenues received by the Commonwealth, as\ntaxing entity, during such fiscal year in respect of an industrial development project\nand improvements and equipment thereon and the products thereof, and activities\ncarried out by the occupants and users of such industrial development project,\nminus an amount equal to all tax reven ues received by the Commonwealth, as\ntaxing entity, in respect of the site of the industrial development project and the\nsame type of taxable properties and activities during the fiscal year immediately\npreceding the fiscal year during which construction of the improvements undertaken\nby an industrial entity as a result of the financing of such industrial development\nproject commenced. Incremental taxes shall include such tax revenues as state\ncorporate income taxes, state income taxes paid by employees of manufacturing,\nprocessing, and assembling facilities developed on the site of an industrial\ndevelopment project, state property taxes, state corporation license taxes, and state\nsales and use taxes, but shall not include any taxes levied specifically for\neducational purposes;\n(8) \"State agency\" means any state administrative body, agency, department, or division\nas defined in KRS 42.005, or any board, commission, institution, or division\nexercising any function of the state but which is not an independent m unicipal\ncorporation or political subdivision;\n(9) \"Cabinet\" means the Finance and Administration Cabinet;\n(10) \"Asbestos\" means the asbestiform varieties of: chrysotile (serpentine); crocidolite\n(riebeckite); amosite (cummingtonite -grunerite); anthophylli te; tremolite; and\nactinolite;\n(11) \"Asbestos-containing material\" means any material which contains more than one\npercent (1%) asbestos by weight;\n(12) \"Friable material\" means any material applied onto ceilings, walls, structural\nmembers, piping, ductwork, or any other part of the building structure which, when\ndry, may be crumbled, pulverized, or reduced to powder by hand pressure;\n(13) \"Meeting\" means all gatherings of every kind, including video teleconferences;\n(14) \"Video teleconference\" means one (1) meeting, occurring in two (2) or more\nlocations, where individuals can see and hear each other by means of video and\naudio equipment;\n(15) \"Writing\" or \"written\" shall mean letters, words, or numbers, or their equivalen t, set\ndown by handwriting, typewriting, printing, photostating, photographing, magnetic\nimpulse, mechanical or electronic recording, or other form of data compilation;\n(16) \"Branch budget\" shall have the same meaning as in KRS 48.010;\n(17) \"Reverse auction\" shall have the same meaning as in KRS 45A.070;\n(18) \"Headquarters\" means the principal office where the principal executives of the\nentity are located and from which other personnel, branches, affiliates, offices, or\nentities are controlled;\n(19) \"Nonretail service and technology project\" means and includes the acquisition of\nany real estate and the construction, acquisition, equipping, and installation thereon\nand with respect thereto of improvements and facilities necessary and useful for the\nimprovement of that real estate for conveyance to or lease to nonretail service and\ntechnology entities to be used for call centers, centralized administrative or\nprocessing centers, telephone or Internet sales order or processing centers,\ndistribution or fulfillme nt centers, data processing centers, research and\ndevelopment facilities, or other similar activities; and\n(20) \"Nonretail service and technology entity\" means any corporation, partnership,\nperson, or other legal entity, whether domestic or foreign, which will itself or\nthrough its subsidiaries and affiliates operate call centers, centralized administrative\nor processing centers, telephone or Internet sales order or processing centers,\ndistribution or fulfillment centers, data processing centers, and resear ch and\ndevelopment facilities, or conduct other similar activities.","path":["KRS Chapter 56"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48326","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:11Z","sha256":"c63e807448c257eb1f1e9e8f2c8157e5df32a8cd412f9f9a46d9e70b9845bdb8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-56.430","next":"us-ky/krs-56.450"},"notice":"GroundRules: Original legal text. Not legal advice."}