Kentucky lawmakers should not rewrite rules to deny Martin County

Water from a Martin County tap Friday. (Courtesy photo Brenda Harless)

The General Assembly created the Kentucky Water and Wastewater Assistance for Troubled or Economically Restrained Systems program by statute. Lawmakers defined its purpose, established its eligibility criteria and set its scoring framework in Kentucky law. In December 2025, the Kentucky Infrastructure Authority applied those criteria and finalized the rankings for the second round of funding.

On that ranked list of 152 projects statewide, six Martin County Water District projects each received a weighted score of 79, placing them just below the highest-scoring project in the Commonwealth. Five Martin County Sewer District projects each received a weighted score of 67, with only 15 projects statewide, including Martin County Water’s six projects, scoring higher.

Martin County earned those positions under the same statutory formula that governed every applicant.

The statute assigns clear roles. The Kentucky Infrastructure Authority scores and ranks the projects. The General Assembly appropriates funding based on that ranked list. The law separates evaluation from appropriation so that projects compete under uniform criteria before legislators cast their votes.

The statute does not allow a quiet revision of eligibility or scoring standards after the evaluation cycle has closed. Last year, documented omissions appeared on Martin County’s score sheets. However, because the rankings had already been finalized and submitted to the General Assembly, there was no recalculation of the list. Martin County received no funding.

Now comes House Bill 651.

HB 651, introduced by Representative Josh Bray and Representative Jason Petrie, members of the Revenue and Appropriations Committee that decides who gets the remaining $53 million in the WWATERS fund, would tighten eligibility. Utilities would have to meet three distress criteria instead of one. It would alter scoring metrics, remove one financial indicator, add new compliance requirements and restrict service area expansion.

Those are significant policy choices. Lawmakers have the authority to debate and adopt them.

But the bill’s emergency clause states that the changes “should take effect for new funding applicants.”

That language matters.

Nothing in HB 651 voids the December 2025 rankings. Nothing orders rescoring, nor does it reopen the completed evaluation cycle.

If members of the Revenue and Appropriations Committee decide not to fund Martin County’s projects, they have the authority to cast that vote. That responsibility belongs to them.

What must not happen is this: changing the rules after applications have been submitted, scored and ranked — especially if the practical effect would be to disqualify or demote a county that qualified under the law in effect at the time of application.

That is not reform.

That is moving the goalposts after the score is posted.

Martin County did not receive special treatment. It applied under the law and submitted its data. Engineers documented deficiencies. KIA calculated weighted scores. The rankings are final.

Clean water is not a political favor. It is infrastructure, public health and economic survival.

The General Assembly now faces a clear choice: fund the ranked list as submitted or vote against it openly and explain why.

Do not rewrite the rules to deny Martin County.

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