| Last Action | 03/06/26: passed 30-5-1 with Committee Substitute (1) and Floor Amendment (1) |
|---|---|
| Title | AN ACT relating to public utilities and declaring an emergency. |
| Bill Documents |
Current
Introduced |
| Bill Request Number | 1957 |
| Sponsors | B. Smith, R. Mills, R. Webb, S. West |
| Summary of Original Version | Create new sections of KRS Chapter 278 to establish the membership of the Public Service Commission; provide for the appointment, confirmation, and replacement of commissioners; establish the qualifications of the commissioners; provide for the election of the chair and the delegation of his or her duties; set the terms and term limits for commissioners; set qualifications for intervenors in cases before the commission; provide that in cases in which the Attorney General intervenes, he or she shall be the sole advocate for residential consumers; amend KRS 278.020 to increase the minimum voltage and length of electric transmission lines for which a certificate of public convenience and necessity is required for construction; amend KRS 278.040 to provide that the commission is an independent department of state government that is administratively attached to the Auditor of Public Accounts only for the limited functions and purposes that the commission requests; allow the commission, in its sole discretion, to conduct procurements under KRS Chapter 45A, identify and determine the compensation for categories of its professional employees, and engage hearing officers and other entities on a contractual basis; prohibit the commission from being reorganized under KRS Chapter 12; amend KRS 278.060 to prohibit the immediate family members of commissioners from having any official relationship to any utility; allow for a commissioner or an immediate family member to have a pension or a retirement savings account with utility as long as no contributions have been made to it for at least 1 year prior to the commissioner's appointment; amend KRS 278.070 to allow the officer who appointed a commissioner to remove the commissioner for cause; amend KRS 278.100 and 278.120 to allow the commission to appoint and have sole discretion in fixing the compensation of the executive director; require the executive director to be subject to confirmation by the Senate; amend KRS 278.702, 12.020, 43.015, 64.640, 160.617, and 224.10-022 to conform; repeal KRS 278.050, relating to membership of the Public Service Commission; require the Auditor of Public Accounts to make initial appointments to the commission on or before July 1, 2026, and provide for the staggering of the appointments; allow current members of the commission to serve out the remainders of their terms provided that they meet the qualification requirements of the Act; terminate the terms of current commissioners who do not meet the qualification requirements of the Act and provide for their replacement; direct the transfer of all records, files, or documents associated with functions previously performed by the Energy and Environment Cabinet to the Auditor of Public Accounts; EMERGENCY. |
| Index Headings of Original Version |
Administrative Regulations And Proceedings - Public Service Commission, cases, intervenors, qualifications, standing, requirements Attorney General - Public Service Commission, cases, intervention, sole intervenor for residential consumers Auditor Of Public Accounts - Public Service Commission, administrative attachment Auditor Of Public Accounts - Public Service Commission, membership, appointments Boards And Commissions - Public Service Commission, membership, qualifications, appointments Confirmation Of Appointments - Public Service Commission, executive director, Senate confirmation required Effective Dates, Emergency - Public Service Commission, membership, authority, administrative attachment Public Officers And Employees - Public Service Commission, categories of employees, compensation set solely by commission Public Utilities - Electric transmission line construction, minimum voltage and length threshold, PSC approval Public Utilities - Public Service Commission, cases, intervenors, qualifications, standing, requirements Public Utilities - Public Service Commission, membership, qualifications, appointments State Agencies - Public Service Commission, membership, qualifications, appointments State Employees - Public Service Commission, categories of employees, compensation set solely by commission |
| Jump to Proposed Amendments |
Senate Committee Substitute 1 Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5 |
| Votes | Vote History |
| 03/02/26 |
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| 03/04/26 |
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| 03/05/26 |
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| 03/06/26 |
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| Amendment | Senate Committee Substitute 1 |
|---|---|
| Summary | Retain original provisions, except reduce the minimum length of an electric transmission line from 20 miles to 5 miles for which a certificate of public convenience and necessity is needed for construction; require that within 30 days of the effective date of the Act, the Auditor of Public Accounts shall make 2 appointments to the Public Service Commission for terms expiring July 1, 2030; provide that all current members of the commission may serve out the remainder of their terms and any subsequent terms upon reappointment without being subject to the qualifications and appointment limitations in subsection (1) of Section 1 of the Act. |
| Index Headings |
Auditor Of Public Accounts - Public Service Commission, initial appointments, terms Boards And Commissions - Public Service Commission, current commissioners, additional qualifications, exemption Confirmation Of Appointments - Auditor of Public Accounts, Public Service Commission, initial appointments, terms Public Officers And Employees - Public Service Commission, current commissioners, additional qualifications, exemption Public Utilities - Electric transmission line construction, PSC approval, minimum length threshold, reduce Public Utilities - Public Service Commission, current commissioners, additional qualifications, exemption |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | B. Smith |
| Summary | Delete Section 2 in its entirety; create a new section of KRS Chapter 278 to establish the procedure by which parties may be allowed to intervene in cases pending before the Public Service Commission; establish requirements for the motion to intervene that parties are required to make; establish the standard by which the commission shall grant leave to intervene; establish the conditions by which the commission may take action against an intervening party that is unduly complicating, delaying, or disrupting the proceedings; require that unless otherwise ruled by the commission, a person granted leave to intervene shall be served with all papers in the case after the order granting intervention; require that a person granted leave to intervene abide by the procedural schedule for the proceeding in existence when the order granting intervention is issued; allow a person not granted leave to intervene to file written comments, which shall be included in the case record; provide that a person filing written comments shall not be deemed a party to the proceeding and shall not be required to be named as a party to an appeal; return the minimum voltage threshold required for a new electric transmission line to be subject to the commission's approval for a certificate of public convenience and necessity from 200 kilovolts to 138 kilovolts. |
| Index Headings |
Administrative Regulations And Proceedings - Public Service Commission, administrative proceedings, intervening parties, requirements Boards And Commissions - Public Service Commission, administrative proceedings, intervening parties, requirements Boards And Commissions - Public Service Commission, electric transmission line construction approval, minimum voltage Public Utilities - Electric tranmission line construction, minimum voltage threshold, PSC approval Public Utilities - Public Service Commission, administrative proceedings, intervening parties, requirements |
| Amendment | Senate Floor Amendment 2 |
|---|---|
| Sponsor | K. Herron |
| Summary | Require the Attorney General to solely represent residential consumers in cases before the Public Service Commission in which he or she intervenes. |
| Index Headings |
Administrative Regulations And Proceedings - Public Service Commission, cases, intervention, Attorney General, residential consumers, advocacy Boards And Commissions - Public Service Commission, cases, intervention, Attorney General, residential consumers, advocacy Public Utilities - Public Service Commission, cases, intervention, Attorney General, residential consumers, advocacy Attorney General - Public Service Commission, administrative cases, intervention, residential consumers, sole advocacy |
| Amendment | Senate Floor Amendment 3 |
|---|---|
| Sponsor | K. Herron |
| Summary | Delete the requirement that the Attorney General be the sole advocate for residential consumers in cases before the Public Service Commission in which the Attorney General intervenes. |
| Index Headings |
Administrative Regulations And Proceedings - Public Service Commission, cases, Attorney General, sole residential consumer advocate, removal Attorney General - Public Service Commission, cases, Attorney General, sole residential consumer advocate, removal Public Utilities - Public Service Commission, cases, Attorney General, sole residential consumer advocate, removal |
| Amendment | Senate Floor Amendment 4 |
|---|---|
| Sponsor | K. Herron |
| Summary | Delete Section 2 in its entirety and replace it by creating a new section of KRS Chapter 278 to establish requirements for parties seeking to intervene in cases before the Public Service Commission. |
| Index Headings |
Administrative Regulations And Proceedings - Public Service Commission, administrative cases, intervening parties, requirements Boards And Commissions - Public Service Commission, administrative cases, intervening parties, requirements Public Utilities - Public Service Commission, administrative cases, intervening parties, requirements |
| Amendment | Senate Floor Amendment 5 |
|---|---|
| Sponsor | K. Herron |
| Summary | Delete Section 2 in its entirety that established requirements for parties seeking to intervene in cases before the Public Service Commission. |
| Index Headings |
Administrative Regulations And Proceedings - Public Service Commission, administrative cases, intervening parties, requirements, removal Boards And Commissions - Public Service Commission, administrative cases, intervening parties, requirements, removal Public Utilities - Public Service Commission, administrative cases, intervening parties, requirements, removal |
Last updated: 3/9/2026 7:15 PM (EDT)