Senate Bill 349

Actions | Amendments
Last Action 04/12/24: delivered to Secretary of State
Title AN ACT relating to energy policy and declaring an emergency.
Bill Documents 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 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

Actions

Top | Amendments
02/28/24
  • introduced in Senate
  • to Committee on Committees (S)
03/01/24
  • to Natural Resources & Energy (S)
03/06/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/07/24
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 08, 2024
03/08/24
  • passed over and retained in the Orders of the Day
03/11/24
  • floor amendment (1) filed to Committee Substitute
  • passed over and retained in the Orders of the Day
03/12/24
  • 3rd reading, passed 28-9-1 with Committee Substitute (1) and Floor Amendment (1)
03/13/24
  • received in House
  • to Committee on Committees (H)
03/14/24
  • taken from Committee on Committees (H)
  • 1st reading
  • returned to Committee on Committees (H)
  • to Natural Resources & Energy (H)
03/15/24
  • taken from Natural Resources & Energy (H)
  • 2nd reading
  • returned to Natural Resources & Energy (H)
03/21/24
  • reported favorably, to Rules
  • floor amendment (1) filed
03/25/24
  • floor amendment (2) filed
03/26/24
  • posted for passage in the Regular Orders of the Day for Wednesday, March 27, 2024
03/27/24
  • floor amendment (3) filed
03/28/24
  • 3rd reading
  • Floor Amendments (1), (2) and (3) defeated
  • passed 57-37
  • received in Senate
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/09/24
  • Vetoed
04/12/24
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 27-11
  • received in House
  • to Rules (H)
  • posted for passage for consideration of Governor's veto
  • taken from Rules
  • veto overridden
  • passed 61-36
  • received in Senate
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Secretary of State

Proposed Amendments

Top | Actions
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: 4/19/2024 7:10 PM (EDT)