| Last Action | 04/12/24: delivered to Secretary of State (Acts Ch. 172) |
|---|---|
| Title | AN ACT relating to energy policy and declaring an emergency. |
| Bill Documents |
Acts Chapter 172
Current/Final Introduced |
| Bill Request Number | 2112 |
| Sponsors | R. Mills, R. Stivers, J. Carpenter, D. Carroll, G. Elkins, L. Tichenor, J. Turner, S. West, P. Wheeler, M. Wise |
| Summary of Enacted Version | Creates a new section of KRS Chapter 164 to make findings and declarations; defines terms; establishes the Energy Planning and Inventory Commission and administratively attaches it to the University of Kentucky Center for Applied Energy Research (UK CAER); provides for membership of the commission board and executive committee; provides for gubernatorial appointments of members of the commission board and executive committee and requires Senate confirmation of those appointments; requires the election of two of the executive committee members by the commission board from the board membership; provides for commission and executive committee terms; prohibits the compensation of members; makes members subject to the requirements of the executive branch code of ethics; provides for the election of the commission chair and vice chair; allows the executive committee to adopt bylaws governing the conduct of the commission’s business; prohibits direct financial relationship between a member of the executive committee and a utility; prohibits a member from serving if it would cause a conflict with or result in the disclosure of confidential information relating to any research projects at UK CAER; requires recusal and replacement of an executive committee member to prevent disclosure of confidential information; prohibits the Governor from reorganizing the commission or executive committee; allows the commission to employ an executive director, subject to confirmation by the Senate; provides for the duties of the commission, which shall include the examination and study of energy generation related topics and review of the decommissioning notices given by utilities as required by the Act; requires that the commission submit annual reports on December 1 to the Legislative Research Commission, the Governor, and the Public Service Commission to make recommendations based on the issues that the commission has examined; requires any utility seeking to retire any existing coal, oil, or natural gas-fired electric generating plant to give notice to the executive committee no later than 180 days before submitting a retirement application to the Public Service Commission as required under KRS 278.264; provides for the requirements of the notice; prohibits the disclosure of confidential information as part of the notice; requires that, within 90 days of receiving a notice, the commission hold a public hearing in the county where the retirement is proposed to occur; requires that, within 135 days of receiving notice and after the public hearing has occurred, the executive committee submit a final report with written findings and recommendations regarding the retirement to the Public Service Commission; provides for inclusion of the executive committee’s written report and any dissenting findings in any retirement application made to the Public Service Commission, which shall consider the findings before approving a retirement under KRS 278.264; requires that the executive committee or executive director, if authorized by the executive committee, have standing to intervene in any case or proceeding before the Public Service Commission; allows the executive committee to employ administrative staff or third-party consultants if funding is available; requires that the Energy Planning and Inventory Commission cease to exist on December 31, 2035; creates a new section of KRS 278.010 to 278.450 to require the Public Service Commission to issue final orders within eight months of the filing of an application by a utility; amends KRS 278.110 to require that final reports of investigations or special inquiries be filed within the public record for the case for which it was prepared; requires that the contracted person be subject to written information requests and cross-examination in any public hearing for the case in which the report was prepared; amends KRS 278.264 to require that an application for the retirement of an electric generating unit include a statement certifying compliance with the requirements of Section 1 of this Act; requires that the Public Service Commission find, in order to overcome the rebuttable presumption against the retirement, that a utility seeking to retire an electric generating unit will replace it with new electric generating capacity that has the same or higher capacity value and net capability, unless the utility can demonstrate that it is not necessary; requires that the Public Service Commission find, in order to overcome the rebuttable presumption against the retirement, that the retirement will not commence until the replacement generating capacity is fully constructed, permitted, and in operation, unless the utility can demonstrate that it is necessary to commence the retirement earlier; defines “dispatchable” and “intermittent”; and provides for the staggering of initial appointments to the Energy Planning and Inventory Commission; EMERGENCY. |
| Summary of Original Version | Create a new section of KRS Chapter 164 to make findings and declarations; define terms; establish the Energy Planning and Inventory Commission and administratively attach it to the University of Kentucky Center for Applied Energy Research (UK CAER); provide for membership of the commission board and executive committee; provide for gubernatorial appointments of members of the commission board and executive committee and require Senate confirmation of those appointments; require the election of two of the executive committee members by the commission board from the board membership; provide for commission and executive committee terms; prohibit the compensation of members; make members subject to the requirements of the executive branch code of ethics; provide for the election of the commission chair and vice chair; allow the executive committee to adopt bylaws governing the conduct of the commission's business; prohibit any direct financial relationship between a member of the executive committee and a utility; prohibit a member from serving if it would cause a conflict with or result in the disclosure of confidential information relating to any research projects at the UK CAER; require recusal and replacement of an executive committee member to prevent the disclosure of confidential information; prohibit the Governor from reorganizing the commission or executive committee; allow the commission to employ an executive director, subject to confirmation by the Senate; provide for the duties of the commission, which shall include the examination and study of energy generation related topics and review of the decommissioning notices given by utilities as required by the Act; require the commission to submit annual reports on December 1 to the Legislative Research Commission, the Governor, and the Public Service Commission to make recommendations based on the issues that the commission has examined; require any utility seeking to decommission, demolish, or retire any existing coal, oil, or natural gas-fired electric generating plant to give notice to the executive committee no later than 365 days before submitting a retirement application to the Public Service Commission as required under KRS 278.264; provide for the requirements of the notice; prohibit the disclosure of confidential information as part of the notice; require that within 180 days of receiving a notice, the commission shall hold a public hearing in the county where the retirement is proposed to occur; require that within 270 days of receiving notice and after the public hearing has occurred, the executive committee submit a final report with written findings and recommendations regarding the retirement to the Public Service Commission; provide for the contents of the written findings and for the accommodation of dissenting findings with the executive committee members; require the Public Service Commission to consider the findings of the report before approving a retirement under KRS 278.264; require that the executive committee or executive director, if authorized by the executive committee, to have standing to intervene in any case or proceeding before the Public Service Commission; allow the executive committee to employ administrative staff or third-party consultants if funding is available; require that the commission cease to exist on December 31, 2035; create a new section of KRS 278.010 to 278.450 to require the Public Service Commission to issue final orders within six months of the filing of an application by a utility; amend KRS 278.110 to require final reports of investigations or special inquiries to be filed within the public record for the case for which it was prepared; require the contracted person to be subject to written information requests and cross-examination in any public hearing for the case in which the report was prepared; amend KRS 278.264 to require that an application for the retirement of an electric generating unit include a statement certifying compliance with the requirements of Section 1 of this Act; require the Public Service Commission to find that a utility seeking to retire an electric generating unit will replace it with new electric generating capacity that has the same or higher capacity value and net capability, unless the utility can demonstrate that it is not necessary and to find that utility shall not commence the retirement until the replacement generating capacity is fully constructed, permitted, and in operation; define "dispatchable" and "intermittent"; provide for the staggering of initial appointments to the Energy Planning and Inventory Commission; EMERGENCY. |
| Index Headings of Original Version |
Effective Dates, Emergency - Energy Planning and Inventory Commission, establishment, membership, duties Energy - Energy Planning and Inventory Commission, establishment, membership, duties Governor - Energy Planning and Inventory Commission, appointments, Senate confirmation Legislative Research Commission - Energy Planning and Inventory Commission, annual reports Public Records and Reports - Public Service Commission, hearing, final report, filing Public Utilities - Energy Planning and Inventory Commission, establishment, membership, duties Public Utilities - Fossil fuel-fired electric generating plants, retirement, notice, procedure Public Utilities - Public Service Commission, application, final order, deadline State Agencies - Public Service Commission, application to retire a fossil fuel-fired generating facility, findings Universities and Colleges - Energy Planning and Inventory Commission, establishment, membership, duties, attachment to UK CAER Reports Mandated - Energy Planning and Inventory Commission, annual reports Public Meetings - Fossil fuel-fired electric generating plants, retirement, notice, public hearing Advisory Boards, Commissions, and Committees - Energy Planning and Inventory Commission, establishment, membership, duties Sunset Legislation - Energy Planning and Inventory Commission, December 31, 2035 |
| Jump to Proposed Amendments |
Senate Committee Substitute 1 Senate Floor Amendment 1 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 |
| Votes | Vote History |
| Governor's Veto Message | Veto |
| 02/28/24 |
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| 03/01/24 |
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| 03/06/24 |
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| 03/07/24 |
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| 03/08/24 |
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| 03/11/24 |
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| 03/12/24 |
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| 03/13/24 |
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| 03/14/24 |
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| 03/15/24 |
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| 03/21/24 |
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| 03/25/24 |
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| 03/26/24 |
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| 03/27/24 |
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| 03/28/24 |
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| 04/09/24 |
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| 04/12/24 |
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| Amendment | Senate Committee Substitute 1 |
|---|---|
| Summary | Retain original provisions, except delete all instances of "decommissioning, demolition, or retirement activity" and replace with "retirement"; remove the requirement that Energy Planning and Inventory Commission members be Kentucky residents; correct the reference from "Kentucky Industrial Utility Consumers" to "Kentucky Industrial Utility Customers"; allow for a utility to demonstrate that it is necessary under the circumstances to retire or decommission an electric generating unit before replacement generating capacity has been constructed, permitted, and put into operation. |
| Index Headings |
Energy - Energy Planning and Inventory Commission, membership, Kentucky residency requirement, removal Public Utilities - Fossil fuel-fired electric generating plants, retirement, replacement capacity, timing State Agencies - Public Service Commission, fossil fuel-fired generating facility retirement, replacement, timing Advisory Boards, Commissions, and Committees - Energy Planning and Inventory Commission, membership, Kentucky residency requirement, removal |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | R. Mills |
| Summary | Add conventional hydropower and pumped storage hydropower to the definition of "intermittent" unless they are capable of providing energy on demand; change the length of time that a utility must submit notice to the Energy Planning and Inventory Commission (EPIC) before submitting an application to the Public Service Commission for the retirement of a fossil fuel-fired electric generating plant from 365 days to 180 days; change the length of time that EPIC must hold a public hearing on the notice from within 180 days of receiving the notice to within 90 days; change the length of time that EPIC must issue a final report on the notice from within 270 days of receiving the notice to within 135 days; change the length of time that the Public Service Commission has to make final orders on applications made under certain sections of KRS Chapter 278 from six months to eight months. |
| Index Headings |
Energy - Conventional and pumped storage hydropower, intermittent or dispatchable designation, conditions Notices - Energy Planning and Inventory Commission, notice, public hearing, and final report deadlines Public Meetings - Energy Planning and Inventory Commission, notice, public hearing, and final report deadlines Public Utilities - Energy Planning and Inventory Commission, notice, public hearing, and final report deadlines State Agencies - Public Service Commission, final orders, deadline, lengthening Advisory Boards, Commissions, and Committees - Energy Planning and Inventory Commission, notice, public hearing, and final report deadlines Public Records and Reports - Energy Planning and Inventory Commission, notice, public hearing, and final report deadlines |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | L. Burke |
| Summary | Delete all provisions relating to the establishment, membership, and duties of the Energy Planning and Inventory Commission, its board, and its executive committee; delete the eight month deadline for the Public Service Commission (commission) to issue final orders for certain utility applications made under KRS Chapter 278; require the commission to enter a procedural schedule within 14 days of receiving an administratively complete application from a utility for certain applications made under KRS Chapter 278; prohibit the commission from using as evidence the nonprivileged portion of a professional or scientific final report unless it has been filed within the record for the case and the parties have had the opportunity to conduct discovery and cross examine the witness providing the report; provide that sources of electric power generation described in the definition of "intermittent" shall be deemed "dispatchable" if it has been demonstrated that they are capable of providing energy on demand, even if it is intermittent. |
| Index Headings |
Energy - Energy Planning and Inventory Commission, membership, duties, deletion Public Utilities - Public Service Commission, expert reports, use as evidence, conditions Public Utilities - Public Service Commission, proceedings in utility applications, procedural schedule State Agencies - Public Service Commission, expert reports, use as evidence, conditions State Agencies - Public Service Commission, proceedings in utility applications, procedural schedule Boards and Commissions - Energy Planning and Inventory Commission, membership, duties, deletion |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | K. Banta |
| Summary | Provide that sources of electric power generation described in the definition of "intermittent" shall be deemed "dispatchable" if it has been demonstrated that they are capable of providing energy on demand, even if it is intermittent; add five members to the Energy Planning and Inventory Commission (EPIC) board; disqualify legislative members of the EPIC board from serving on the EPIC executive committee; delete all of the EPIC's duties relating to the review of applications for the retirement of fossil fuel-fired power plants; delete the grant of standing to the EPIC executive committee as an intervening party in a case or proceeding before the Public Service Commission; delete the eight month deadline for the Public Service Commission (commission) to issue final orders for certain utility applications made under KRS Chapter 278; require the commission to enter a procedural schedule within 14 days of receiving an administratively complete application from a utility for certain applications made under KRS Chapter 278; prohibit the commission from using as evidence the nonprivileged portion of a professional or scientific final report unless it has been filed within the record for the case and the parties have had the opportunity to conduct discovery and cross examine the witness providing the report. |
| Index Headings |
Energy - Energy Planning and Inventory Commission, membership, duties Public Utilities - Public Service Commission, expert reports, use as evidence, conditions Public Utilities - Public Service Commission, proceedings in utility applications, procedural schedule State Agencies - Public Service Commission, expert reports, use as evidence, conditions State Agencies - Public Service Commission, proceedings in utility applications, procedural schedule Boards and Commissions - Energy Planning and Inventory Commission, membership, duties |
| Amendment | House Floor Amendment 3 |
|---|---|
| Sponsor | K. Banta |
| Summary | Delete all provisions relating to the establishment of the Energy Planning and Inventory Commission; establish the Energy Planning and Inventory Task Force and administratively attach it to the University of Kentucky Center for Applied Energy Research; provide for the membership and duties of the task force; require the task force to submit a report with its energy policy recommendations to the Legislative Research Commission, the Governor, and the Public Service Commission on or before December 1, 2024; delete Section 4 of the Act; amend KRS 278.264 to provide that nothing in the section shall limit a utility's right to request cost recovery for depreciation expenses relating to an electric generating unit for which the utility is not seeking retirement authorization; delete Section 5 of the Act; provide that all appointments or designations to the task force be made on or before July 1, 2024. |
| Index Headings |
Energy - Energy Planning and Inventory Task Force, establishment, membership, duties Governor - Energy Planning and Inventory Task Force, report Legislative Research Commission - Energy Planning and Inventory Task Force, report Public Utilities - Energy Planning and Inventory Task Force, establishment, membership, duties Public Utilities - Nonretired electric generating units, depreciation expenses, cost recovery Reports Mandated - Energy Planning and Inventory Task Force, report Advisory Boards, Commissions, and Committees - Energy Planning and Inventory Task Force, establishment, membership, duties |
Last updated: 9/26/2024 1:37 PM (EDT)