2011 Kentucky Revised Statutes Subchapter 23 Economic Development Projects in Qualified Zones 154.23.015 Certification of qualified zones -- Use of census tracts -- Decertification of census tracts -- Replacement of decertified noncontiguous tract with other qualifying census tract.
KY Rev Stat § 154.23.015 (1996 through Reg Sess) What's This?
154.23-015 Certification of qualified zones -- Use of census tracts -- Decertification
of census tracts -- Replacement of decertified noncontiguous tract with other
qualifying census tract.
(1)
(2)
(3)
(4)
(5)
(6)
Upon written application by a county, urban-county government, or city of the first
class, the authority shall certify one (1) to five (5) contiguous census tracts or a
county certified by the authority in accordance with KRS 154.22-040 as a qualified
zone. In the case of certification based on one (1) to five (5) contiguous census
tracts, each census tract shall independently meet each of the following criteria, as
verified by the Office of Employment and Training within the Department of
Workforce Investment in the Education and Workforce Development Cabinet:
(a) A minimum total poverty rate of one hundred fifty percent (150%) of the
United States poverty rate as determined by the most recent decennial census;
(b) An unemployment rate that exceeds the statewide unemployment rate as
determined on the basis of the most recent decennial census; and
(c) A minimum population density of two hundred percent (200%) of the average
Kentucky census tract population density as determined by the most recent
decennial census.
Census tract information shall be based upon United States census data as set forth
in the most recent edition of Census of Population and Housing: Population and
Housing Characteristics for Census Tracts and Block Numbering Areas published
by the United States Bureau of the Census.
The authority shall certify no more than one (1) qualified zone within each county
of the Commonwealth, except in the case of a county certified under KRS 154.22040, the entire county shall constitute the qualified zone.
A qualified zone shall commence on the date of certification by the authority and
continue thereafter, except that at the time new decennial census data becomes
available, the authority shall decertify any census tract that no longer meets the
criteria of subsection (1) of this section for qualified zone status. The authority shall
not give preliminary approval to any project in a decertified census tract. An
approved company whose project is located in a decertified census tract shall not be
eligible for the inducements offered by KRS 154.23-005 to 154.23-079, unless the
tax incentive agreement or service and technology agreement is entered into by all
parties prior to July 1 of the year following the calendar year in which the authority
decertified that tract.
If decertification causes a formerly certified contiguous census tract to become
noncontiguous, the applicant shall have the discretion to eliminate or maintain the
noncontiguous tract. If the applicant eliminates the noncontiguous tract, it may
replace the noncontiguous tract with another qualifying census tract, subject to
approval of the authority.
A county, urban-county government, or city of the first class shall have no authority
to request decertification of a census tract, and any addition of a census tract
requested by a county, urban-county government, or city of the first class under
(7)
KRS 154.23-020 shall be contiguous to a census tract that continues to meet the
criteria under this section.
The authority shall pay its costs of counsel relating to zone certification.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 11, sec. 40, effective June 25, 2009. -- Amended
2006 Ky. Acts ch. 211, sec. 72, effective July 12, 2006. -- Amended 2004 Ky. Acts
ch. 105, sec. 5, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 338, sec. 26,
effective July 15, 2002. -- Created 2000 Ky. Acts ch. 528, sec. 3, effective July 14,
2000.
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