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77.127 Air quality trust fund.
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In a county containing a consolidated local government or a city of the first class or
a city having a population equal to or greater than twenty thousand (20,000) based
upon the most recent federal decennial census, there is established within the air
pollution control district a special trust fund to be known as the "air quality trust
fund" to be used for conducting and funding air quality research and development
projects, special nonrecurring air quality projects, and air quality education
programs approved by the air pollution control board to assist in implementing the
policies and purposes of this chapter.
All money collected for the fund shall be deposited by the district into an interestbearing capital project account maintained by the fiscal court or consolidated local
government of the county in which the district is located. Money shall be distributed
from the account by the finance director of the county or consolidated local
government based upon written authorization from the air pollution control board.
Money unexpended at the close of a fiscal year shall not lapse but shall be carried
forward for future use.
The fund shall not be used to support or finance the routine day-to-day activities and
responsibilities of the district.
The air pollution control board shall, by regulation, set policies and establish
procedures for the receipt and disbursement of any money collected under this
section and for the full disclosure of the source and use of the money.
The air pollution control board shall control and manage the fund. It shall publish in
writing at its June meeting each year an accounting of the income and
disbursements of the fund.
Four (4) members of the air pollution control board shall constitute a quorum for
conducting business relating to the air quality trust fund. When votes are taken on
matters relating to the fund, each member shall have one (1) vote, and the
affirmative vote of at least a majority of the votes cast shall be necessary for the
adoption of any motion, measure, or resolution.
Members of the air pollution control board shall not solicit, but may accept, money
by grant, gift, donation, bequest, civil or criminal penalty, or other conveyance to be
credited to the air quality trust fund, but they may not accept penalties collected
under KRS 77.990 for the air quality trust fund.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 73, effective January 1, 2015. -Amended 2002 Ky. Acts ch. 346, sec. 82, effective July 15, 2002. -- Created 1994
Ky. Acts ch. 420, sec. 8, effective July 15, 1994.
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