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152.590 General powers of Energy and Environment Cabinet.

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152.590 General powers of Energy and Environment Cabinet. The Energy and Environment Cabinet shall have the following general powers: <br>(1) To acquire by purchase, exercise of the right of eminent domain, grant, gift, devise, or otherwise, the fee simple title to or any acceptable lesser interest in any lands, <br>and by lease or other contract the right to use and occupy any lands, selected in the <br>discretion of the secretary of the Energy and Environment Cabinet as constituting <br>necessary, desirable, or acceptable sites for projects of the cabinet, including any <br>and all lands adjacent to a project site as in the discretion of the secretary may be <br>necessary or suitable for satellite projects or restricted areas; but in all instances <br>lands which are to be designated as radioactive waste material sites shall be <br>acquired in fee simple absolute and dedicated in perpetuity to such purpose; (2) To convey to private enterprise, or to lease to private enterprise for such term as in the discretion of the secretary of the Finance and Administration Cabinet may be in <br>the public interest, any lands so acquired, either for a fair and reasonable <br>consideration or solely or partly as an inducement to the establishment or location in <br>the Commonwealth of any scientific or technological facility, project, satellite <br>project, or nuclear storage area; but subject to such restraints as may be deemed <br>proper to bring about a reversion of title or termination of any lease in the event the <br>grantee or lessee, as the case may be, shall cease to use the premises or facilities in <br>the conduct of business or activities consistent with laws and regulations of the <br>Commonwealth; provided, however, radioactive waste material sites may be leased <br>but may not otherwise be disposed of except to the Commonwealth, or to the United <br>States; (3) To construct, reconstruct, maintain, repair, operate, and regulate projects at such locations within the Commonwealth as may be determined by the secretary; (4) To fix by contract, or to establish and revise from time to time and charge and collect revenues, rentals, rates, and charges for use of the services and facilities of <br>projects; (5) To combine for financing purposes any two (2) or more projects; <br>(6) To establish and enforce rules and regulations for the use of any project; <br>(7) Without reference to KRS Chapter 56, to acquire and hold real and personal property in the exercise of its powers and the performance of its functions and <br>duties under this section, and to dispose of the same with due regard for public <br>health and safety, except in the case of radioactive waste material sites, which may <br>be disposed of only to the Commonwealth itself, or to the United States, except as <br>provided in subsection (2); (8) To designate the locations and establish, limit, and control such points of ingress to and egress from each project as the secretary may determine to be necessary or <br>desirable to ensure the proper operation and maintenance of such project, and to <br>prohibit entrance to such project from any point or points not so designated; (9) To make and enter into such contracts and agreements with governmental agencies and private enterprise as may be necessary or incidental to the performance of its <br>duties and the execution of its powers under this section; (10) To employ scientists, consulting engineers, health officers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other <br>employees and agents as may be necessary in the judgment of the secretary and to <br>fix their compensation; (11) To receive and accept from any governmental agency, or from private enterprise, appropriations, grants, or contributions in money, property, labor, or other things of <br>value, to be held, used and applied for or in aid of any project; and (12) To do all acts and things necessary or convenient to carry out the powers expressly granted in this section. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, secs. 183 and 189, effective July 15, 2010. -- Amended 1980 Ky. Acts ch. 295, sec. 30, effective July 15, 1980. -- Amended 1978 <br>Ky. Acts ch. 155, sec. 41, effective June 17, 1978. -- Amended 1976 Ky. Acts <br>ch. 299, sec. 92. -- Amended 1966 Ky. Acts ch. 220, sec. 13 -- Amended 1964 Ky. <br>Acts ch. 7, sec. 12 -- Created 1962 Ky. Acts ch. 100, sec. 9. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts ch. 24, secs. 183 and 189, which are identical and have been codified <br>together.