Reinvestment of Manufacturing Facilities

KRS tit. XII, ch. 154, subch. 34

in effect

KRS 154.34-010 Definitions for subchapter

154.34-010. Definitions for subchapter As used in this subchapter: (1) "Affiliate" has the same meaning as in KRS 154.32-010; (2) "Agribusiness" has the same meaning as in KRS 154.32-010; (3) "Alternative fuel production" has the same meaning as in KRS 154.32-010; (4) "Approved company" means an eligible company approved under KRS 154.34-070 for a reinvestment project; (5) "Approved costs" means the eligible equipment and related costs approved by the authority that may be recovered by an approved company through the incentives authorized by this subchapter; (6) "Authority" means the Kentucky Economic Development Finance Authority created by KRS 154.20-010; (7) "Capital lease" has the same meaning as in KRS 154.32-010; (8) "Carbon dioxide or hydrogen transmission pipeline" has the same meaning as in KRS 154.32-010; (9) "Coal severing and processing" means activities resulting in an eligible company being subject to the tax imposed by KRS Chapter 143; (10) "Commonwealth" means the Commonwealth of Kentucky; (11) "Department" means the Department of Revenue; (12) (a) "Eligible company" means any corporation, limited liability company, partnership, limited partnership, sole proprietorship, business trust, or any other entity: 1. Employing or intending to employ a minimum of twenty-five (25) persons on a full-time bases; and 2. Engaged in or planning to engage in one (1) or more of the following activities: a. Headquarter operations; b. Manufacturing; c. Agribusiness; d. Nonretail service or technology; e. Coal severing and processing; f. Alternative fuel, gasification, energy -efficient alternative fuel, or renewable energy production; g. Carbon dioxide or hydrogen transmission pipeline operations; or h. Hospital operations; at the same facility located and operating within the Commonwealth on a permanent basis for a reasonable period of time preceding the request for approval of a reinvestment project by the authority, including facilities where operations have been temporarily suspended and which meet the standards under KRS 154.34-070 and related administrative regulations promulgated by the authority. (b) "Eligible company" does not include any company for which the primary activity to be conducted within the Commonwealth is: 1. Forestry; 2. Fishing; 3. The provision of utilities; 4. Construction; 5. Wholesale trade; 6. Retail trade; 7. Real estate; 8. Rental and leasing; 9. Educational services; 10. Accommodation and food services; or 11. Public administration services; (13) (a) "Eligible equipment and related costs" means: 1. Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, rehabilitation, and installation of a reinvestment project; 2. The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of acquisition, construction, equipping, rehabilitation, and installation of a reinvestment project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided; 3. All costs of architectural and engineering services, including estimates, plans and specifications, preliminary investigations, and supervision of construction, rehabilitation and installation, as well as for the performance of all the duties required by or consequent upon the acquisition, construction, equipping, rehabilitation, and installation of a reinvestment project; 4. All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, rehabilitation, and installation of a reinvestment project; 5. All costs required for the installation of utilities, including but not limited to water, sewer, sewer treatment, gas, electricity, communications, and access to transportation, and including off-site construction of the facilities paid for by the approved company; and 6. All other costs of a nature comparable to those described in this paragraph. (b) "Eligible equipment and related costs" does not include costs related to the replacement or repair of existing machinery or equipment resulting from normal wear and usage of the machinery or equipment; (14) "Energy-efficient alternative fuel production" has the same meaning as in KRS 154.32-010; (15) "Equipment" means manufacturing machinery equipment, computers, furnishings, fixtures, and other assets installed by the approved company as part of the reinvestment project; (16) "Final approval" means the action taken by the authority designating a preliminarily approved eligible company as an approved company to receive incentives under this subchapter; (17) "Full-time employee" means a person who: (a) Is required to work a minimum of thirty-five (35) hours per week; or (b) Works remotely away from the reinvestment project if all the following conditions are met: 1. Is a Kentucky resident; 2. Whose job was created or retained as a result of the reinvestment project; and 3. Whose payroll is expensed to the reinvestment project; (18) "Gasification production" has the same meaning as in KRS 154.32-010; (19) "Headquarters" has the same meaning as in KRS 154.32-010; (20) "Heritage county" means a county where the county population ranking determined by the cabinet under KRS 154.21-017 scores greater than or equal to ninety-seven (97); (21) "Hospital" has the same meaning as in KRS 154.32-010; (22) "Incentives" means the Kentucky tax credit as prescribed in this subchapter; (23) "Kentucky gross profits" has the same meaning as in KRS 141.0401; (24) "Kentucky gross receipts" has the same meaning as in KRS 141.0401; (25) "Leased project" has the same meaning as in KRS 154.32-010; (26) "Manufacturing" has the same meaning as in KRS 154.32-010; (27) "Nonretail service or technology" has the same meaning as in KRS 154.32-010; (28) "Personal protective equipment" has the same meaning as in KRS 154.32-010; (29) "Preliminary approval" means the action taken by the authority designating an eligible company as a preliminarily approved company; (30) "Reinvestment agreement" means the agreement entered into pursuant to KRS 154.34-080 between the authority and an approved company with respect to a reinvestment project; (31) "Reinvestment project" means: (a) A reinvestment in the facility of an eligible company and in the full-time employees of an eligible company through the acquisition, construction, and installation of new equipment and, with respect thereto, the construction, rehabilitation, and installation of improvements to facilities necessary to house the new equipment, including surveys; installation of utilities, including water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; or off-site construction of utility extensions to the boundaries of the real estate on which the facilities are located; (b) The expenditure of at least one million dollars ($1,000,000) in eligible equipment and related costs for leased projects and at least two million five hundred thousand dollars ($2,500,000) in eligible equipment and related costs for all other reinvestment projects; and (c) A reinvestment in a facility in order to allow for the production of vital medications, personal protective equipment, or equipment necessary to produce personal protective equipment; (32) "Renewable energy production" has the same meaning as in KRS 154.32-010; and (33) "Vital medications" has the same meaning as in KRS 154.32-010. Effective: April 27, 2026 History: Amended 2026 Ky. Acts ch. 198, sec. 28, effective April 27, 2026. -- Amended 2023 Ky. Acts ch. 75, sec. 26, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 185, sec. 122, effective June 29, 2021. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 1, effective June 26, 2009. -- Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 61, effective June 28, 2006. -- Amended 2006 Ky. Acts ch. 149, sec. 221, effective July 12, 2006. -- Created 2003 Ky. Acts ch. 148, sec. 1, effective June 24, 2003. Legislative Research Commission Note (6/26/2009). 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, provides that, notwithstanding the amendments contained in Sections 1 to 6 of that Act (which includes this statute), "all reinvestment projects preliminarily approved on or after the effective date of th is Act shall not be eligible for final approval until July 1, 2010"; and 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, provides that, notwithstanding the amendments in Sections 1 to 6 of that Act or the repeals in Section 114 of that Act, "all reinvestme nt projects preliminarily or finally approved prior to the effective date of this Act shall be governed by Subchapter 34 of KRS Chapter 154 as it existed prior to the effective date of this Act." Legislative Research Commission Note (6/28/2006). 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 73, provides that "unless a provision of this Act specifically applies to an earlier tax year, the provisions of this Act shall apply to taxable years beginning on or after January 1, 2007."

KRS 154.34-070 Application and review process -- Memorandum of agreement -- Standards and criteria for approval -- Preliminary and final approval of company by authority -- Reinvestment agreement -- Notice to department -- Department to monitor use of incentives

154.34-070. Application and review process -- Memorandum of agreement -- Standards and criteria for approval -- Preliminary and final approval of company by authority -- Reinvestment agreement -- Notice to department -- Department to monitor use of incentives (1) The application and approval process under this subchapter shall be as follows: (a) An eligible company with a proposed reinvestment project may submit an application to the authority. The application shall include the information required by subsection (4) of this section; (b) Upon review of the application and any additional information submitted, the authority may, by resolution, give preliminary approval to a reinvestment project and authorize the negotiation and execution of a memorandum of agreement. The memorandum of agreement shall establish the minimum job retention requirements and maximum total approved cost for the reinvestment project, shall only allow the recovery of costs incurred after preliminary approval, and may include any other terms as agreed to by the parties to the agreement. Upon preliminary approval, the preliminarily approved company may undertake the project in accordance with the memorandum of agreement; (c) The preliminarily approved company shall submit any documentation required by the authority upon request of the authority; (d) The preliminarily approved company shall have up to three (3) years from the date of preliminary approval to complete the reinvestment project and obtain final approval. Upon the earlier of completion of the project or the passage of three (3) years from the date of preliminary approval, the preliminarily approved company shall submit documentation required by the authority, and the authority shall confirm that the minimum investment and job retention requirements established by the memorandum of agreement have been met. Upon review and confirmation of the documentation, the authority may, by resolution, give final approval to the preliminarily approved company and authorize the execution of a reinvestment agreement between the authority and the approved company pursuant to KRS 154.34-080. As part of the reinvestment agreement, the approved costs shall be finally determined, not to exceed the maximum approved costs as determined at preliminary approval, and the approved company shall be eligible to receive incentives in accordance with the provisions of the reinvestment agreement; (e) The authority shall monitor the reinvestment agreement at least annually, and the approved company shall submit all documentation necessary for the authority to monitor the agreement. The authority shall, based on the documentation provided, confirm that the approved company is in continued compliance with the provisions of the reinvestment agreement and, therefore, eligible for incentives; and (f) Upon final approval, the authority shall notify the department that an approved company is eligible for incentives and shall provide the department with the information necessary to monitor the use of incentives by the approved company. If, at any time during the term of the reinvestment agreement, an approved company becomes ineligible for incentives, the authority shall notify the department, and the department shall discontinue the availability of incentives for the approved company. (2) The authority may establish standards for preliminary and final approval of eligible companies and their projects through the promulgation of administrative regulations in accordance with the provisions of KRS Chapter 13A. (3) The criteria for preliminary and final approval of eligible companies and reinvestment projects shall include but not be limited to the need for the project, the eligible equipment and other costs to be expended by the eligible company, and the number of jobs created or preserved as a result of the project. (4) The application shall include: (a) The name of the applicant and identification of any affiliates who will have some relation to the reinvestment project; (b) A description of the condition of the existing facility, including but not limited to the status of the physical plant or office space, the financial situation of the company, and the efficiency and productivity of the facility; (c) A description of the proposed reinvestment project, including anticipated sources of funding, the total anticipated equipment and related costs and skills upgrade training costs, the impact of the proposed reinvestment project on full-time employment at the facility, and an explanation of why reinvestment in the facility and its full-time employees is necessary; (d) The number of existing full-time jobs at the site of the reinvestment project on the date of the application and a description and breakdown of the relevant affiliated employers; (e) A timeline for the proposed reinvestment project; (f) A description of the other alternatives that are available to the eligible company, if incentives are not provided; (g) The amount of incentives sought, and an explanation of why the requested incentives are needed; (h) A certification from the company that the reinvestment project would not be economically feasible for the company, but for the incentives available under this subchapter; (i) Payment of any applicable application fees required by the authority; and (j) Any additional information relating to the proposed reinvestment project that the authority may require. (5) The authority may request any materials and make any inquiries concerning an application that the authority deems necessary. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 123, effective June 29, 2021. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 3, effective June 26, 2009. -- Created 2003 Ky. Acts ch. 148, sec. 7, effective June 24, 2003. Legislative Research Commission Note (6/26/2009). 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, provides that, notwithstanding the amendments contained in Sections 1 to 6 of that Act (which includes this statute), "all reinvestment projects preliminarily approved on or after the effective date of this Act shall not be eligible for final approval until July 1, 2010"; and 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, provides that, notwithstanding the amendments in Sections 1 to 6 of that Act or the repeals in Section 114 of that Act, "all reinvestment projects preliminarily or finally approved prior to the effective date of this Act shall be governed by Subchapter 34 of KRS Chapter 154 as it existed prior to the effective date of this Act."

KRS 154.34-080 Reinvestment agreement -- Terms and provisions

154.34-080. Reinvestment agreement -- Terms and provisions The authority, upon final approval of a company, may enter into a reinvestment agreement with the approved company. The terms and conditions of the reinvestment agreement shall be negotiated between the authority and the approved company. The terms of the reinvestment agreement shall include but not be limited to the following provisions: (1) That the authority may employ an independent consultant or utilize technical resources to verify the cost of the project, and that the approved company shall reimburse the authority for the cost of a consultant or other technical resources employed by the authority; (2) The maximum approved costs that may be recovered, and that the amount of incentives allowed in any year shall not exceed twenty percent (20%) of the total amount of the approved costs; (3) A set employment retention goal, which shall be at least eighty-five percent (85%) of the number of full-time employees employed at the facility on the date the company receives preliminary approval; (4) That approval of the company is not a guarantee of incentives and that eligibility for incentives shall be contingent on the approved company meeting the requirements established by the reinvestment agreement and this subchapter; (5) The term of the reinvestment agreement, which shall not be longer than the earlier of: (a) The date on which the approved company has received incentives equal to the approved costs of its reinvestment project; or (b) Ten (10) years from the date of final approval granted by the authority; (6) That the authority may reduce the incentives, suspend the incentives, or terminate the agreement if the approved company fails to comply with provisions of the reinvestment agreement; (7) That both the authority and the department shall have the right to pursue any remedy provided under this reinvestment agreement and any other remedy at law to which it may be entitled; (8) That the approved company shall make available to the department and the authority all of its records pertaining to the reinvestment project, including but not limited to payroll records, records relating to the expenditure of eligible equipment and related costs, and approved costs, and any other records pertaining to the project as the authority or the department may require; (9) That the authority may share information with the department for the purposes of monitoring and enforcing the terms of the reinvestment agreement; (10) That the agreement shall not be transferred or assigned by the approved company without the expressed written consent of the authority; and (11) Any other provisions not inconsistent with this subchapter and determined to be necessary or appropriate by the parties to the reinvestment agreement. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 124, effective June 29, 2021. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 4, effective June 26, 2009. -- Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 62, effective June 28, 2006. -- Amended 2005 Ky. Acts ch. 85, sec. 585, effective June 20, 2005. -- Created 2003 Ky. Acts ch. 148, sec. 8, effective June 24, 2003. Legislative Research Commission Note (6/26/2009). 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, provides that, notwithstanding the amendments contained in Sections 1 to 6 of that Act (which includes this statute), "all reinvestment projects preliminarily approved on or after the effective date of this Act shall not be eligible for final approval until July 1, 2010"; and 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, provides that, notwithstanding the amendments in Sections 1 to 6 of that Act or the repeals in Section 114 of that Act, "all reinvestment projects preliminarily or finally approved prior to the effective date of this Act shall be governed by Subchapter 34 of KRS Chapter 154 as it existed prior to the effective date of this Act." Legislative Research Commission Note (6/28/2006). 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 73, provides that "unless a provision of this Act specifically applies to an earlier tax year, the provisions of this Act shall apply to taxable years beginning on or after January 1, 2007."

KRS 154.34-090 Certification of the tax liability of approved company

154.34-090. Certification of the tax liability of approved company By October 1 of each year, the department shall certify to the authority, in the form of an annual report, aggregate tax credits claimed on tax returns filed during the fiscal year ending June 30 of that year by approved companies with respect to their reinvestment projects under this subchapter and KRS 141.415 and shall certify to the authority, within ninety (90) days from the date an approved company has filed its state tax return, when an approved company has taken incentives equal to its approved costs. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 125, effective June 29, 2021. -- Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 6, effective June 26, 2009. -- Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 63, effective June 28, 2006. -- Amended 2005 Ky. Acts ch. 85, sec. 586, effective June 20, 2005. -- Created 2003 Ky. Acts ch. 148, sec. 9, effective June 24, 2003. Legislative Research Commission Note (6/26/2009). 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, provides that, notwithstanding the amendments contained in Sections 1 to 6 of that Act (which includes this statute), "all reinvestment projects preliminarily approved on or after the effective date of this Act shall not be eligible for final approval until July 1, 2010"; and 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, provides that, notwithstanding the amendments in Sections 1 to 6 of that Act or the repeals in Section 114 of that Act, "all reinvestment projects preliminarily or finally approved prior to the effective date of this Act shall be governed by Subchapter 34 of KRS Chapter 154 as it existed prior to the effective date of this Act." Legislative Research Commission Note (6/28/2006). 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 73, provides that "unless a provision of this Act specifically applies to an earlier tax year, the provisions of this Act shall apply to taxable years beginning on or after January 1, 2007."

KRS 154.34-100 Short title for KRS 154.34-010 to 154.34-100

154.34-100. Short title for KRS 154.34-010 to 154.34-100 KRS 154.34-010 to 154.34-100 shall be known as the Kentucky Reinvestment Act. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 148, sec. 10, effective June 24, 2003.

KRS 154.34-110 Purpose of subchapter -- Expenditure and employment retention requirements for recovery of costs and tax incentives -- Legislative findings -- Annual report

154.34-110. Purpose of subchapter -- Expenditure and employment retention requirements for recovery of costs and tax incentives -- Legislative findings -- Annual report (1) The purpose of this subchapter is to provide a means for the Commonwealth to promote job retention by providing incentives for existing businesses to reinvest in existing operations in Kentucky for eligible companies. (2) (a) To qualify for the incentives provided in this subchapter, an approved company shall: 1. Incur eligible equipment and related costs of at least one million dollars ($1,000,000) for leased projects and at least two million five hundred thousand dollars ($2,500,000) for all other reinvestment projects; 2. Agree to maintain a full-time employment base of at least eighty-five percent (85%) at the facility on the date of preliminary approval; and 3. Not have been awarded incentives under Subchapter 26 of this chapter for a period of at least five (5) years prior to applying for incentives under this subchapter. (b) An approved company meeting the expenditure and employment retention requirements established by this subsection shall be eligible to recover up to fifty percent (50%) of the amount expended for eligible equipment and related costs. The actual amount that an approved company may recover shall be negotiated with the authority, and may be less than the maximum amount for which the approved company is eligible. (3) An approved company shall be eligible for incentives under this subchapter as follows: tax incentives of up to one hundred percent (100%) of the Kentucky income tax imposed under KRS 141.020 or 141.040 and the limited liability entity tax imposed under KRS 141.0401 on the income, Kentucky gross profits, or Kentucky gross receipts of the approved company generated by or arising from the eligible project, as set forth in KRS 154.34-120. (4) The General Assembly finds and declares that: (a) The general welfare and material well-being of the citizens of the Commonwealth depend in large measure upon the reinvestment and development of existing industry in the Commonwealth; (b) It is in the best interest of the Commonwealth to induce reinvestment in existing facilities of eligible companies within the Commonwealth in order to advance the public purposes of relieving unemployment by preserving jobs that may be lost if not for the incentives to be offered by the authority to approved companies, and by preserving and creating sources of tax revenues for the support of public services provided by the Commonwealth; and (c) The authority prescribed by this subchapter and the purposes to be accomplished under this subchapter are proper governmental and public purposes for which public moneys may be expended. (5) On or before November 1, 2021, and each November 1 thereafter, the authority shall submit an overview report to the Interim Joint Committee on Appropriations and Revenue and the Governor on the success or failure of each completed project in order to determine the effectiveness of the program. The report shall include but not be limited to the following information: (a) The number of applications receiving preliminary approval during the fiscal year; (b) The number of final approvals issued during the fiscal year; (c) The total amount of eligible equipment and other costs projected by the approved company at preliminary approval; (d) The total amount of eligible equipment and other costs actually incurred by the approved company at final approval; (e) The total number of full time jobs required to be preserved or retained as a result of the reinvestment project; (f) The total actual number of full-time jobs reported by the reinvestment project as being preserved or retained on an annual basis; (g) The maximum approved costs that may be recovered by the approved companies for the reinvestment projects; and (h) The location of the reinvestment projects receiving preliminary and final approval during the fiscal year. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 185, sec. 126, effective June 29, 2021. -- Created 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 2, effective June 26, 2009. Legislative Research Commission Note (6/26/2009). 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, provides that, notwithstanding the amendments contained in Sections 1 to 6 of that Act (which includes this statute), "all reinvestment projects preliminarily approved on or after the effective date of this Act shall not be eligible for final approval until July 1, 2010"; and 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, provides that, notwithstanding the amendments in Sections 1 to 6 of that Act or the repeals in Section 114 of that Act, "all reinvestment projects preliminarily or finally approved prior to the effective date of this Act shall be governed by Subchapter 34 of KRS Chapter 154 as it existed prior to the effective date of this Act."

KRS 154.34-120 Nonrefundable tax credit for reinvestment project by approved company

154.34-120. Nonrefundable tax credit for reinvestment project by approved company (1) Except as provided in subsection (5) of this section, for taxable years beginning after December 31, 2009, an approved company may be eligible for a nonrefundable credit of up to one hundred percent (100%) of the Kentucky income tax imposed under KRS 141.020 or 141.040, and the limited liability entity tax imposed under KRS 141.0401 that would otherwise be owed by the approved company to the Commonwealth for the approved company's tax year, on the income, Kentucky gross profits, or Kentucky gross receipts of the approved company generated by or arising from the reinvestment project. (2) The credit allowed the approved company shall be applied against both the income tax imposed by KRS 141.020 or 141.040, and the limited liability entity tax imposed by KRS 141.0401, with credit ordering as provided in KRS 141.0205, for the tax year for which the tax return of the approved company is filed. Any credit not used in the year in which it was first available may be carried forward to subsequent years, provided that no credit may be carried forward beyond the term of the reinvestment agreement. (3) The approved company shall not be required to pay estimated tax payments under KRS 141.044 on the Kentucky taxable income, Kentucky gross receipts, or Kentucky gross profits generated by or arising from the eligible project. (4) The credit provided by this section shall be determined as provided in KRS 141.415. (5) (a) For an approved company which receives preliminary approval prior to February 1, 2010, the amount of incentives allowed in any year shall not exceed the lesser of the tax liability of the approved company related to the reinvestment project for that taxable year or the approved costs that have not yet been recovered. (b) For an approved company which receives preliminary approval on or after February 1, 2010, the amount of incentives allowed in any year shall not exceed the lesser of the tax liability of the approved company related to the reinvestment project for that taxable year or twenty percent (20%) of the total amount of the approved costs. (c) The incentives shall be allowed for each taxable year of the approved company during the term of the reinvestment agreement for which a tax return is filed by the approved company. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 151, sec. 72, effective June 27, 2019. -- Amended 2010 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 8, effective June 4, 2010. -- Created 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 5, effective June 26, 2009. Legislative Research Commission Note (6/26/2009). 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, provides that, notwithstanding the amendments contained in Sections 1 to 6 of that Act (which includes this statute), "all reinvestment projects preliminarily approved on or after the effective date of this Act shall not be eligible for final approval until July 1, 2010"; and 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, provides that, notwithstanding the amendments in Sections 1 to 6 of that Act or the repeals in Section 114 of that Act, "all reinvestment projects preliminarily or finally approved prior to the effective date of this Act shall be governed by Subchapter 34 of KRS Chapter 154 as it existed prior to the effective date of this Act."

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37796Fetched: 10/20/2026