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Appalachian Development

KRS tit. XII, ch. 154, subch. 33
in effect

KRS 154.33-510 Definitions for subchapter

154.33-510. Definitions for subchapter As used in this subchapter, unless the context otherwise requires: (1) "Area" or "region" means the geographical area of Kentucky contained within the Appalachian region as defined by the federal Appalachian Regional Development Act of 1965, as amended; (2) "Board" means the executive board of Shaping Our Appalachian Region, Inc., a Kentucky nonprofit 501(c)(3) corporation created and organized, as of June 24, 2015, to advance and promote a resilient and diverse eastern Kentucky by providing leadership, vision, and collaborative partnerships to support innovative regional practices and enhance public and private investments in areas such as job creation, entrepreneurship, tourism, education and lifelong learning, health and wellness, arts and heritage, and sustainable agricultural practices and food systems; (3) "Commissioner" means the commissioner of the Department for Local Government; (4) "Commonwealth" means the Commonwealth of Kentucky; (5) "Executive director" means the chief administrator of Shaping Our Appalachian Region, Inc. having responsibility for its day-to-day operations, and possessing all duties, responsibilities, and authorities as specified by the board; (6) "Fund" means the Kentucky Appalachian regional development fund as provided by KRS 154.33-550. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 177, sec. 5, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 58, sec. 1, effective June 24, 2015. -- Amended 2000 Ky. Acts ch. 465, sec. 1, effective April 21, 2000. -- Amended 1992 Ky. Acts ch. 43, sec. 1, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 105, sec. 1, effective March 20, 1990. Formerly codified as KRS 154B.100

KRS 154.33-530 Disclosure of conflict of interest of member, officer, or employee of the board

154.33-530. Disclosure of conflict of interest of member, officer, or employee of the board If any member, officer or employee of the board shall be interested either directly or indirectly, or shall be an officer or employee of or have an ownership interest in any firm or corporation interested directly or indirectly in any grant, loan, or investment from the Kentucky Appalachian regional development fund, including any loan to any sponsor, builder, or developer, the interest shall be disclosed clearly in the application and shall be set forth in the minutes of the board, and the member, officer, or employee having an interest therein shall not participate in the application process. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 58, sec. 6, effective June 24, 2015. -- Created 1990 Ky. Acts ch. 105, sec. 16, effective March 20, 1990. Formerly codified as KRS 154B.130

KRS 154.33-550 Kentucky Appalachian regional development fund

154.33-550. Kentucky Appalachian regional development fund (1) There is created and established a fund to be known as the Kentucky Appalachian regional development fund to be administered by the Department for Local Government. (2) The Kentucky Appalachian regional development fund shall be comprised of state appropriations, repayment of loans and interest made from the funds, and interest earnings generated for the fund. (3) The purpose of this fund is to provide a source from which the Department for Local Government may make loans, grants, and investments in accordance with the purposes and procedures established in KRS 154.33-552 and 154.33-554, at such interest rates and for such terms as may be determined by the commissioner or his or her designee, with security for repayment as deemed necessary and reasonable. (4) The proceeds of any loan, grant, or investment shall be used solely for the purposes identified in KRS 154.33-552 and as may be further provided in the agreement; however, no moneys from this fund shall be used to carry on propaganda or otherwise used to influence legislation. (5) Any unallotted or unencumbered balances in the fund shall be invested pursuant to KRS 42.500. Interest earned from the investment of these funds shall accrue to the Kentucky Appalachian regional development fund. (6) The balance in the Kentucky Appalachian regional development fund shall be treated as a continuing appropriation and shall not lapse at the end of the fiscal year. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 58, sec. 2, effective June 24, 2015. -- Created 1990 Ky. Acts ch. 105, sec. 9, effective March 20, 1990. Formerly codified as KRS 154B.116

KRS 154.33-552 Uses of Kentucky Appalachian regional development fund -- Applications for funding -- Criteria for approval -- Administrative regulations

154.33-552. Uses of Kentucky Appalachian regional development fund -- Applications for funding -- Criteria for approval -- Administrative regulations (1) The Kentucky Appalachian regional development fund shall be used only to support job creation and retention, entrepreneurship, tourism, broadband deployment, education and lifelong learning, workforce training, leadership development, public engagement, health and wellness, arts and heritage, infrastructure, economic diversity, and sustainable agricultural practices and food systems within and across counties in the region. (2) The following entities may apply for loans, grants, or investments from the fund: (a) Nonprofit corporations that have or are actively seeking 501(c)(3) status, are registered to do business in the Commonwealth, are established to conduct business in accordance with the purposes of the Shaping Our Appalachian Region initiative, and that have a physical presence within the region; (b) Working groups or other formally designated entities representing Shaping Our Appalachian Region, Inc. as documented by resolution of the board or the board itself; and (c) Departments, divisions, or offices of a county or city within the region. (3) Applications shall be submitted to the executive director who shall confirm completeness and shall then submit applications to the board for consideration. (4) The board shall consider whether and to what extent the applications are consistent with the purposes specified in subsection (1) of this section. It shall then forward the applications to the commissioner with recommendations for approval or disapproval, giving priority to initiatives that present the greatest likelihood of regionwide economic impact. (5) The criteria to be used by the board in recommending applications to the commissioner shall include: (a) The unemployment level in each community where the project will be located; (b) The likelihood that the project will generate future revenue for the community or the Commonwealth; (c) The number of new direct or indirect jobs to be provided for the residents of the Commonwealth and the wages to be paid; (d) The degree to which the project will benefit the economies and communities in multiple jurisdictions within the region; (e) Funding match from the local community and private sector persons or foundations; and (f) The likelihood of the economic success of the project, including the ability of the project to sustain itself in the future. (6) The commissioner shall have authority to approve the application and shall, in consultation with the secretary of the Cabinet for Economic Development, determine reasonable terms and conditions for the loan, grant, or investment. (7) Money in the Kentucky Appalachian regional development fund may be disbursed by the applicant to any person or entity, public or private, organized for profit or not for profit, or any combination thereof with a geographical presence in the region as set forth in the application and approved by the commissioner, but the applicant shall be responsible for appropriate monitoring and reporting of the use of funds by the recipient. (8) The Department for Local Government may promulgate administrative regulations in accordance with KRS Chapter 13A to implement the provisions of this section and KRS 154.33-554 and 154.33-556. Effective: June 24, 2015 History: Created 2015 Ky. Acts ch. 58, sec. 3, effective June 24, 2015.

KRS 154.33-554 Contents of applications for loans, grants, or investments

154.33-554. Contents of applications for loans, grants, or investments Applications for loans, grants, or investments submitted under KRS 154.33-552 shall include the following: (1) The name of the applicant and identification of all parties contributing to or taking a leadership role with regard to the development project; (2) A detailed description of the project, including its location and the total project cost; (3) The projected number of jobs, if any, to be created as a result of the project and a description of the types of jobs; (4) If the applicant is an entity other than a city or county, a letter of support from all local governmental entities affected by the project; (5) A detailed description of any other funding sources that will be used to pay for the project; (6) A plan for making the project self-sustaining if it is expected or intended that the initiative will have recurring expenses, and an explanation of the stream of revenue or other resources that will cover future costs, including operational costs, administrative costs, and upkeep on any property, buildings, equipment, or other capital assets funded; and (7) Any other information that the commissioner may require. Effective: June 24, 2015 History: Created 2015 Ky. Acts ch. 58, sec. 4, effective June 24, 2015.

KRS 154.33-556 Annual report on status of Kentucky Appalachian regional development fund

154.33-556. Annual report on status of Kentucky Appalachian regional development fund The Department for Local Government shall prepare and submit to the Office of the Governor and the Legislative Research Commission a report by November 1 of each year on the status of the Kentucky Appalachian regional development fund. The report shall include the operation and financial status of the fund, the initiatives supported by the fund, and the status of the measures of success identified for each funded initiative. Effective: June 24, 2015 History: Created 2015 Ky. Acts ch. 58, sec. 5, effective June 24, 2015.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37793Fetched: 10/20/2026

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