Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 183.120, 183.505, 183.764
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
regulation defines the procedure that must be followed in order to obtain
financial aid from the Transportation Cabinet for an airport maintenance
project or an airport development project (as defined in KRS 183.011(14)) for a
public airport owned by another state agency, an airport board appointed
pursuant to KRS 183.132 or a city and/or county government.
Section 1.
(1) To be eligible for financial aid from the
airport development fund under this administrative regulation for the airport
must meet the following criteria:
(a) The
airport shall be publicly-owned;
(b) The airport shall be available for public
use;
(c) The proposed development
project shall be consistent with the airport type and degree of facility
development contained in the state airport system plan;
(d) The proposed development project shall
either be in accordance with the airport's approved master plan or be to
prepare or update the airport's master plan; and
(e) The airport shall be in compliance with
the minimum safety standards set forth in 602 KAR 20:010 to 602 KAR 20:110 or
the proposed development project shall bring the airport in compliance with
those standards.
(2) To
be eligible for financial aid from the airport maintenance program under this
administrative regulation the airport owner shall meet the following criteria:
(a) The airport shall be
publicly-owned;
(b) The airport
shall be available for public use;
(c) The airport shall not have scheduled air
carrier service but may be served by an air commuter airline;
(d) The proposed maintenance project shall be
limited to pavement seal coats or pavement preservations and remarking;
obstruction removal or approach clearing; drainage repair; lighting or
navigation aid repairs or replacement; fence, building or structure repairs;
and major maintenance equipment;
(e) The airport shall be in compliance with
the minimum safety standards set forth in 602 KAR 20:010 through 602 KAR 21:070 or the
proposed maintenance project shall bring the airport in compliance with those
standards;
(f) The Transportation
Cabinet's share of maintenance projects cost shall not exceed $10,000 in any
fiscal year;
(g) The airport owner
shall pay at least fifty (50) percent of the maintenance project
costs.
Section
2.
(1) An airport owner may apply
for state aid for airport maintenance or development projects. Airport
development is defined in KRS 183.011(14).
(2) To apply for state airport maintenance or
development funds, the airport owner shall submit a request for state funds for
airport development on forms prescribed and furnished by the Transportation
Cabinet. The forms shall be submitted to the Transportation Cabinet, Office of
Aeronautics, Frankfort, Kentucky 40622. The application form shall be completed
and shall contain the project description, the reason for the project, the
estimated cost of the project, and the anticipated funding sources. This form
is available from the Office of Aeronautics.
Section 3. If a project application is
approved for funding by the Transportation Cabinet, a tentative allocation may
be issued to the airport owner. The tentative allocation shall show the amount
of state funds reserved for the project, the scope or the approved project and
the time frame for which it is being considered. The Transportation Cabinet
reserves the right to limit the scope of a project and cost estimates as
necessary to conform to available funds.
Section
4.
(1) If not already prepared,
the airport owner is responsible for the preparation of the engineer's report
which explains the design criteria, design plans, and specifications,
subsequent to the issuance of the tentative allocation. The design plans and
specifications shall be submitted for approval to the Transportation Cabinet
and where appropriate, shall incorporate but not be limited to the following:
(a) "Standard Specifications for Road and
Bridge Construction" published in 1985 by the Transportation Cabinet,
Department of Highways;
(b) Federal
Aviation Regulations Part 139; and
(c) Federal Aviation Administration Advisory
Circulars in the 150 series. Copies are available for viewing in the Office of
Aeronautics.
(2) After
the design plans and specifications have been approved, in order to establish
reimbursable costs, the airport owner shall adhere to the applicable
procedurement standards outlined in KRS Chapters 45, 45A and
56.
Section 5. After the
reimbursable costs have been established for the project, the airport board may
submit a project application request to the cabinet on forms prescribed and
furnished by the cabinet. This application form shall be completed and shall
contain the revised scope of project, the elements of cost, the source of
funds, and an assurance that the airport board shall not discriminate against
any person or class of persons by reason of race, color, creed or national
origin in the operation of the airport.
Section
6.
(1) After the Transportation
Cabinet has approved the submitted project or a portion thereof, a state grant
for airport development shall be issued to the airport owner. The grant form
shall show the scope of the project as finally approved and the amount of state
funds obligated to the project. If the airport owner agrees to the terms of the
state grant, it may accept the grant form and must return an executed copy to
the Transportation Cabinet.
(2) The
execution of the grant form is the airport owner's authorization from the
Transportation Cabinet to have the contractor proceed. Unless otherwise agreed
to, no construction costs incurred prior to the execution of the grant
agreement are eligible for state participation. A copy of the notice to proceed
to each contractor shall be furnished to the cabinet.
(3) Land acquisition, administrative, legal
and engineering costs incurred prior to the execution of the grant form may be
eligible for state participation at the discretion of the Transportation
Cabinet.
Section 7.
(1) To receive the state's share of the
project costs the airport board shall submit to the Transportation Cabinet
copies of the bills from the contractors, suppliers, engineers, attorneys, and
others involved in the project and attach said copies to a completed standard
invoice form which is prescribed and furnished by the cabinet.
(2) Final payment from the Transportation
Cabinet shall not be sent to the airport board until after audit of the project
cost performed in accordance with the standards set forth in OMB Circular A
128, dated April 12, 1984. Copies of the standards are available for viewing in
the Transportation Cabinet, Office of Aeronautics.
Section 8. If the final project costs exceed
the total amount agreed to in the grant Transportation Cabinet shall incur no
obligation to bear any portion of the increased project cost.
Section 9. By acceptance of such airport
development grant funds, the airport owner shall agree to make the airport on
which the funds were expended available for public use for a minimum period of
twenty (20) years. Failure to comply with this requirement shall be just cause
for the Transportation Cabinet to seek refunding or returning of all funds
furnished in the last twenty (20) years for all of the airport development
projects associated with the subject airport.
STATUTORY AUTHORITY: KRS 183.024,
183.505