Kentucky - 2012 State Policy Information Kentucky State Flag 

Below are results for Kentucky from the 2011/2012 Water Efficiency and Conservation State Scorecard survey.

Use the links below to jump to a specific question:

Q1. State Agencies Q8. Water Loss Q15. Implementation Requirements
Q2. Toilet Regulations   Q9. Permitting    Q16. State Funding for Conservation
Q3. Showerhead Regulations Q10. Drought Plans Q17. Technical Assistance
Q4. Urinal Regulations Q11. Conservation Plans Q18. Volumetric Billing  
Q5. Clothes Washer Regulations Q12. Authority to Approve Plans Q19. Metered Connections 
Q6. PRSV Regulations Q13. Plan Update Frequency Q20. ET Microclimate Information  
Q7. Building or Plumbing Codes Q14. Planning Framework Additional Information

 

 

 

 

 

 


  1. What state agency or agencies are in charge of drinking water conservation/efficiency?

    KY Division of Water - for Public Water Systems, Water Withdrawal, Source Water Protection (including water availability and drought) and maintaining flow in waters of the Commonwealth for aquatic life

    KY Public Service Commission - for water system rates

    KY Division of Plumbing - for plumbing fixtures

  2. Does the state have a water consumption regulation for toilets that is more stringent than the federal standard?  

    No

  3. Does the state have a water consumption regulation for showerheads that is more stringent than the federal standard? 

    No
     
  4. Does the state have a water consumption regulation for urinals that is more stringent than the federal standard?

    No
      
  5. Does the state have a water consumption regulation for clothes washers that is more stringent than the federal standard? 

    No

  6. Does the state have a water consumption regulation for pre-rinse spray valves that is more stringent than the federal standard?  

    No

  7. Does the state have mandatory building or plumbing codes requiring water efficient products that exceed the federal standard? 

    No
     
  8. Does the state have any regulations or policies for water utilities regarding water loss in the utility distribution system?  

    Yes.

    807 KY. ADMIN. REGS. 5:066, § 6(3):

    “Except for purchased water rate adjustments for water districts and water associations, and rate adjustments pursuant to KRS 278.023(4), for rate making purposes a utility's unaccounted-for water loss shall not exceed fifteen (15) percent of total water produced and purchased, excluding water used by a utility in its own operations. Upon application by a utility in a rate case filing or by separate filing, or upon motion by the commission, an alternative level of reasonable unaccounted-for water loss may be established by the commission. A utility proposing an alternative level shall have the burden of demonstrating that the alternative level is more reasonable than the level prescribed in this section.”

    807 KY. ADMIN. REGS. 5:066, § 6 Text

  9. Does the state require conservation activities as part of its water permitting process or water right permit?

    No
     
     
  10. Does the state require preparation of drought emergency plans by water utilities or cities on any prescribed schedule?  

    Yes, every 5 years. 

    401 KY. ADMIN. REGS. 4:220, § 2:

    "Each county, its municipalities and water suppliers, shall prepare a water supply plan. . . . If increased or alternative water supplies are needed, the planning representative shall develop water shortage response plans and evaluate water supply alternatives. . . . ." 

    401 KY. ADMIN. REGS.  4:220, § 6(6):

    "Water supplier source assessment. (a) Data collection constraints. The planning representative shall forecast the amount of available water, under normal and drought conditions, from each source being used by water suppliers . . . . (d) The planning representative shall calculate the available amount of water at the site of any water supplier intake in a water supply reservoir during normal and drought conditions." 

    401 KY. ADMIN. REGS. 4:220, § 6(13):

    "The planning representative shall prepare . . . . (a) Water shortage response plans. If the water supply availability inventory indicates that water availability for any supplier will be less than adequate during drought conditions, the planning representative shall outline contingency plans for managing water demands and accessing alternate sources of water." 

    401 KY. ADMIN. REGS. 4:220, § 5(7)(a):

    "The planning council shall reconvene at least annually and update the plan at least every five (5) years."  

    401 KY. ADMIN. REGS. 4:220 Text

  11. Does the state have a mandatory planning requirement for potable water conservation/efficiency separate from drought emergency plans?   

    Yes. 

    401 KY. ADMIN. REGS. 4:220, § 2:

    "Each county, its municipalities and water suppliers, shall prepare a water supply plan."    401 KY. ADMIN. REGS. 4:220, s.5(4): "(a) The planning council shall consider the following objectives for the planning process: 1. Use of conservation to the maximum extent practical." 

    401 KY. ADMIN. REGS. 4:220 Text

  12. Does the state have the authority to approve or reject the conservation plans? 

    Yes, and the planning process requires public hearings and public comment. 

    401 KY. ADMIN. REGS. 4:220, § 7(4):

    "The planning council shall submit one (1) copy of the plan formulation document and three (3) copies of the final plan document to the [Energy & Environment] cabinet.  (a) No plan shall be approved by the cabinet unless it meets all the provisions of this administrative regulation and is consistent with state laws and administrative regulations. (b) The cabinet shall examine the plan for consistency with other water supply plans that have been approved by the cabinet pursuant to this administrative regulation. . . . If any portion of any county in a planning unit is located within the watershed of the Kentucky River, the cabinet shall examine the plan for consistency with administrative regulations promulgated by the Kentucky River Authority and with the Kentucky River Authority's water resource plan and notify the planning council and the Kentucky River Authority of inconsistencies."

    401 KY. ADMIN. REGS. 4:220 Text 

  13. How often does the state require the water utilities to submit a potable water conservation plan (not part of a drought emergency plan)? 

    401 KY. ADMIN. REGS. 4:220, § 5(7)(a):

    "The planning council shall reconvene at least annually and update the plan at least every five (5) years."

    401 KY. ADMIN. REGS. 4:220 Text
  14. If the state has a mandatory planning requirement for potable water conservation separate from drought emergency plans, is there a framework or prescribed methodology?

    There are some requirements in the law, but the framework is not comprehensive. 

    401 KY. ADMIN. REGS. 4:220, § 5(5):

    "The planning council shall review water supply plan alternatives and implementation strategies; consider public input, reevaluate goals and objectives; and select alternatives to be included in the final plan document." 

    401 KY. ADMIN. REGS. 4:220, § 6(8)(g):

    "[T]he assessment of supply adequacy shall consider the following: . . . . 2. Water conservation and demand management practices for resolving any adequacy deficits." 

    401 KY. ADMIN. REGS. 4:220, § 6(11):

    "(a) The planning representative shall examine each alternative that could potentially provide adequate water for normal supply provisions. The planning representative shall clarify these alternatives for the planning council and the public, shall fully explain each alternative in the plan formulation document, and shall summarize each alternative in the final plan document. The planning representative shall clarify why other alternatives were deemed inadequate. Documentation and presentations to the planning council and the public shall clarify at least the factors listed below: 1. The degree to which the alternative contributes to the planning objectives; 2. Use of conservation and demand options, including legal, motivational, and technological water use efficiency measures."

    401 KY. ADMIN. REGS. 4:220 Text
     
     
  15. Does the state require water utilities to implement conservation measures, beyond just the preparation and submittal of plans? 

    The planning representative has to develop an implementation plan with good information requirements, but there is no enforceable hook. 

    401 KY. ADMIN. REGS. 4:220, § 5(7):

    "(a) Upon completion and acceptance of the plan by the cabinet, the planning council shall act as an oversight or advisory group to plan implementation." 

    401 KY. ADMIN. REGS. 4:220, § 6(14):

    "The planning representative shall determine the steps necessary to implement the water supply plan and describe these in section XIII of the final plan document. (a) Plans for implementation shall include methods for updating and amending the plan document and addressing current or future potential conflicts. (b) Implementation plans shall contain a timetable for initiation and completion of tasks and shall identify parties responsible for completing tasks. (c) The planning representative shall create a chart showing the anticipated costs of implementation and describe proposed methods of financing, including reasonable estimates of the interest rates on loans and the per capita cost to water users. (d) The planning representative shall recommend procedures to coordinate actions of local government, and other agencies that impact development decisions within the planning unit, with the water supply plan. (e) The implementation plan shall describe existing authority to implement the plan and identify any legal changes or agreements that are necessary to implement the plan. If the planning council makes any written agreement towards the implementation of the plan or a portion of the plan, section XIII of the final plan document shall describe the nature of the agreement, the parties involved, and when the implementation will happen. Copies of any written agreement or resolution, including agreements to expand treatment facilities or use new water sources, shall be included in section XIV of the plan formulation document."

    401 KY. ADMIN. REGS. 4:220 Text

  16. Does the state offer financial assistance to utilities, cities, or counties for urban water conservation programs such as a revolving loan fund? Grants?  Bonds?  Appropriations?

    Nothing beyond the DWSRF and CWSRF.
     
  17. Does the state offer technical assistance for urban water conservation programs? 

    No
     
  18. Does the state require volumetric billing?

    No
     
     
  19. What percentage or number of publicly supplied water connections (residential and nonresidential) are metered in your state?
     
  20. Does the state provide statewide ET microclimate information for urban landscapes?  

    No

Additional Information: