Senate Bill 197

Actions | Amendments
Last Action 03/27/26: floor amendments (1) and (2) filed to Committee Substitute
Title AN ACT relating to economic development and declaring an emergency.
Bill Documents Current
Introduced
Bill Request Number 1782
Sponsors P. Wheeler, S. Madon, S. Funke Frommeyer, R. Mills, R. Webb
Summary of Original Version Create a new section of Subchapter 32 of KRS Chapter 154 to establish a tiered county system for eligible companies to receive incentives under the Kentucky Business Investment Program; amends KRS 154.32-010 to define "tier"; amends KRS 154.32-020 and 154.32-040 to conform; amend KRS 154.32-050 to specify tiering procedures; amend KRS 154.32-060 to require the Kentucky Economic Development Finance Authority to identify and certify or decertify the tiers for all counties on an annual basis into 4 tax credit tiers; provide that the incentives available under this subchapter be determined based on the county where the economic development project is located by an approved company; provide a county's tier will be based on a 5 year average of its unemployment rate and population ranking; amend KRS 154.32-090, 154.61-010, 154.61-020, and 141.383 to conform.
Index Headings of Original Version Economic Development - Kentucky economic development incentive programs, tiered county system, establishment
Local Government - Kentucky economic development incentive programs, tiered county system, establishment
Small Business - Kentucky economic development incentive programs, tiered county system, establishment
State Agencies - Cabinet for Economic Development, Kentucky economic incentive programs, tiered county system
Taxation, Income--Corporate - Kentucky economic development incentive programs, tiered county system, establishment
Taxation - Kentucky economic development incentive programs, tiered county system, establishment
Jump to Proposed Amendments Senate Committee Substitute 1
Senate Committee Amendment 1
Senate Floor Amendment 1
Senate Floor Amendment 2
House Committee Substitute 1
House Committee Amendment 1
House Floor Amendment 1
House Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
02/13/26
  • introduced in Senate
  • to Committee on Committees (S)
02/17/26
  • to Economic Development, Tourism, & Labor (S)
02/26/26
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
02/27/26
  • 2nd reading, to Rules
03/03/26
  • floor amendment (1) filed to Committee Substitute
03/04/26
  • posted for passage in the Regular Orders of the Day for Thursday, March 05 2026
03/05/26
  • passed over and retained in the Orders of the Day
  • floor amendment (2) filed to Committee Substitute
03/06/26
  • 3rd reading, passed 36-0 with Committee Substitute (1), Floor Amendments (2) and (1) and Committee Amendment (1-title)
03/10/26
  • received in House
  • to Committee on Committees (H)
03/11/26
  • to Appropriations & Revenue (H)
03/25/26
  • taken from Appropriations & Revenue (H)
  • 1st reading
  • returned to Appropriations & Revenue (H)
03/26/26
  • taken from Appropriations & Revenue (H)
  • 2nd reading
  • returned to Appropriations & Revenue (H)
03/27/26
  • reported favorably, to Rules with Committee Substitute (1) and Committee Amendment (1-title)
  • posted for passage in the Regular Orders of the Day for Tuesday, March 31 2026
  • floor amendments (1) and (2) filed to Committee Substitute

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Summary Create a new section of KRS Chapter 141 to create a refundable economic development credit for the Kentucky Product Development Initiative and the Kentucky Business Investment Program subject to the approval of the Kentucky Economic Development Finance Authority; amend KRS 141.0205 to add the refundable economic development credit to the priority of tax credits taken by a taxpayer; create a new section of Subchapter 12 of KRS Chapter 154 to create the heritage community revolving fund to provide financial assistance to support New Markets Development Program Tax Credit applications to be administered by the Cabinet for Economic Development and subject to the approval of the Kentucky Economic Development Finance Authority; amend KRS 154.12-204 to add the definition of "heritage county" and amend the definition of "minimum base hourly wage" from 150% to 200% for a company in a heritage county and to 300% for a company in any other county; amend KRS 154.12-207 to change the Bluegrass State Skills Corporation's occupational upgrade training or skills upgrade training credit amount not to exceed $5,000 per trainee for an approved company in a heritage county and $4,000 per trainee for an approved company in any other county and to change the 1 year to 3 year limit on completing training from the date of approval by the Bluegrass State Skills Corporation; amend KRS 154.21-015 to add the definition of "heritage county"; amend KRS 154.21-017 to increase maximum funding available to $2,500,000 for an approved project in a heritage county under the Kentucky Product Development Initiative; amend KRS 154.21-035 to include propane in the assessment of adequate utilities; amend KRS 154.25-010 to change definition of "eligible company" to include a minimum of 250 full-time persons for a project located in a heritage county and add the definition of "heritage county" under the Kentucky Jobs Retention Act; amend KRS 154.25-030 to allow an extension of the 10 year time period if less than 75% of the incentives will be claimed under the term of the agreement and to provide a refundable tax credit based on a tiering system ranking all of Kentucky's counties into 4 tiers; amend KRS 154.25-040 to add new reporting requirements for the Department of Revenue to the Cabinet for Economic Development and for the cabinet to annually report to the Governor and the Legislative Research Commission on the economic development wage credits received; amend KRS 154.25-050 to conform; amend KRS 154.32-010 to add heritage county", amend "start-up costs" to include certain software and "wage target" from 125% to 200% for a company in a heritage county and from 150% to 300% for a company in any other county under the Kentucky Business Incentives program; amend KRS 154.32-020 to increase the percentage of federal minimum wage paid to 90% of new full-time employees from 125% to 200% in heritage counties and from 150% to 300% in other counties and to provide a refundable economic development credit based on a tiering system ranking all of Kentucky's counties into 4 tiers; amend KRS 154.32-030 to allow recovery of eligible costs incurred 90 days prior to receiving preliminary approval; amend KRS 154.32-040 to allow a one-time extension for projects approved prior to January 1, 2023, if approved company has received less than 75% of the incentives under the agreement but no more than maximum amount of incentives under the agreement; amend KRS 154.32-050 to create a 4 tier ranking system for all Kentucky counties based on a 5 year average of a county's unemployment rate and population ranking under the Kentucky Product Development Initiative; amend KRS 154.32-070 to provide a refundable economic development credit based on a tiering system ranking all of Kentucky's counties into 4 tiers; amend KRS 154.32-100 to add new reporting requirements for the Department of Revenue to the Cabinet for Economic Development and for the cabinet to annually report to the Governor and the Legislative Research Commission on the refundable economic development credits received; amend KRS 154.12-100 to include regional airports that serve the Commonwealth; amend KRS 131.190, 141.383, 148.851, 148.853, 154.20-230, 154.20-236, 154.32-090, 154.34-010, 154.61-010, 154.61-020, and 164.6021 to conform; encourage the Cabinet for Economic Development to conduct an impact and feasibility study and, if completed to be submit it to the Interim Joint Committee on Economic Development and Workforce Investment by December 1, 2028; EMERGENCY.
Index Headings Economic Development - Kentucky economic development incentive programs, tiered county system, establishment
Effective Dates, Emergency - Kentucky economic development incentive programs, tiered county system, establishment
Funds - Heritage community revolving fund, Kentucky Economic Development Finance Authority
Local Government - Kentucky economic development incentive programs, tiered county system, establishment
Small Business - Kentucky economic development incentive programs, tiered county system, establishment
State Agencies - Cabinet for Economic Development, Kentucky economic incentive programs, tiered county system
Taxation - Kentucky economic development refundable credit program, tiered county system, establishment
Taxation, Income--Corporate - Kentucky economic development refundable credit program, tiered county system, establishment

Amendment Senate Committee Amendment 1
Sponsor P. Wheeler
Summary Make title amendment.
Index Headings Title Amendments - SB 197

Amendment Senate Floor Amendment 1
Sponsor P. Wheeler
Summary Retain original provisions; amend the definition of "eligible company" in KRS 154.32-010, Kentucky Business Investment Program, to include research and development companies or out of state companies involved in economic development projects near Tier IV counties, with another state that has reciprocal provisions with Kentucky, with a minimum 250 full-time jobs, and meets other criteria as the Kentucky Economic Development Finance Authority may require.
Index Headings Economic Development - Kentucky Business Incentives Program, eligible company, definition
Local Government - Kentucky Business Incentives Program, eligible company, definition
State Agencies - Cabinet for Economic Development, Kentucky Business Incentives Program
Taxation - Kentucky Business Incentives Program, eligible company, definition
Taxation, Income--Corporate - Kentucky Business Incentives Program, eligible company, definition

Amendment Senate Floor Amendment 2
Sponsor P. Wheeler
Summary Retain original provisions; amend provisions to make technical corrections.
Index Headings Small Business - Kentucky economic development incentive programs, tiered county system, establishment
State Agencies - Cabinet for Economic Development, Kentucky economic incentive programs, tiered county system
Local Government - Kentucky economic development incentive programs, tiered county system, establishment
Taxation - Kentucky economic development refundable credit program, tiered county system, establishment
Taxation, Income--Corporate - Kentucky economic development refundable credit program, tiered county system, establishment
Economic Development - Kentucky economic development incentive programs, tiered county system, establishment
Funds - Heritage community revolving fund, Kentucky Economic Development Finance Authority

Amendment House Committee Substitute 1
Summary Delete original provisions; remove the rural building and job creation revolving fund and related uses of the fund for the New Markets Tax Credits Program; create a new section of KRS Chapter 141 to define "approved company," "authority," and "credit"; create a refundable economic development credit against taxes imposed under KRS 141.020 or 141.040 and 141.0401; set requirements for the Department of Revenue to administer the credit; require the Department of Revenue to report to the Kentucky Economic Development Finance Authority on the credit; prohibit the information reported to be considered confidential; amend KRS 141.0205 to order the credit; amend KRS 131.190 to allow the Department of Revenue to report on the credit; amend KRS 154.12-204 to include the cost of equipment in approved costs; define "heritage county"; increase the minimum base hourly wage amount for the Bluegrass State Skills Program; amend KRS 154.12-207 to increase the skills training investment credit cap; create a separate skills training investment credit cap for trainees located in a heritage county; increase the timeframe that an approved company has to complete training programs under a Bluegrass State Skills Program; amend KRS 154.21-015 to define "heritage county"; amend KRS 154.21-017 to set a higher grant funding cap for approved projects located in a heritage county under the Kentucky Product Development Initiative Program; amend KRS 154.21-035 to include propane in the list of required utilities for a property that an eligible project occupies or is proposed to occupy under the Kentucky Product Development Initiative Program; amend KRS 154.25-010 to define "heritage county"; set a lower threshold for required jobs and eligible costs for projects located in a heritage county under the Kentucky Jobs Retention Act Program; amend KRS 154.25-030 to allow the extension of a tax incentive agreement for a jobs retention project when an approved company demonstrates that less than 75% of the incentives awarded will be claimed during the term of the agreement; allow a refundable credit of up to 1.5% of the wages paid to full-time employees maintained at a jobs retention project located in a heritage county; set a cap for the total refundable credits awarded to all approved companies under the Kentucky Jobs Retention Act Program and the Kentucky Business Investment Program at $2,000,000 per taxable year; amend KRS 154.25-040 to require reporting by the Department of Revenue and the Cabinet for Economic Development on the refundable credits claimed under the Kentucky Jobs Retention Act Program; amend KRS 154.32-010 to include research and development as an eligible company for the Kentucky Business Investment Program; expand the types of start-up costs and lease agreements allowed for economic development projects under the Kentucky Business Investment Program; define "heritage county"; increase the wage target thresholds and set a separate threshold for jobs located in a heritage county; amend KRS 154.32-020 to increase the required minimum pay for jobs created as a result of the economic development project under the Kentucky Business Investment Program; amend KRS 154.32-030 to allow the recovery of eligible costs incurred 90 days prior to receipt of preliminary approval for an economic development project under the Kentucky Business Investment Program; amend KRS 154.32-040 to allow a one-time extension for approved companies that received preliminary approval of an economic development project prior to January 1, 2023 under the Kentucky Business Investment Program; set requirements for the extension; amend KRS 154.32-070 to allow a refundable credit of up to 1.5% of the wages paid to full-time employees maintained at an economic development project located in a heritage county under the Kentucky Business Investment Program; set a cap for the total refundable credits awarded to all approved companies under the Kentucky Jobs Retention Act Program and the Kentucky Business Investment Program at $2,000,000 per taxable year; amend KRS 154.32-100 torequire reporting by the Department of Revenue and the Cabinet for Economic Development on the refundable credits claimed under the Kentucky Business Investment Program; amend various other sections to conform; repeal KRS 154.32-050, relating to certification of enhanced incentive counties; require that a municipal utility issue a tariff that complies with the requirements of Section 30 of the Act within 180 days of the effective date of the Act instead of 90 days; adjust language relating to curtailment obligations under data center tariffs for both municipal utilities and retail electric suppliers; provide that the requirements of Sections 30, 31, 32, and 33 of the Act shall not apply to data centers that are constructed on sites owned by the United States Department of Energy or to electric service contracts entered into prior to the effective date of the Act; add definitions for "generation and transmission cooperative" and "retail electric supplier"; require data center customers to pay for the full cost of a municipal utility's or retail electric supplier's cost of service study, including third-party transmission studies and other costs; provide that the load of a data center shall not be used for determining a retail electric supplier's peak load for the purposes of calculating the cap on the net metering service that the retail electric supplier must provide; make technical corrections; EMERGENCY.
Index Headings Boards And Commissions - Public Service Commission, data center electric service, tariffs, requirements, exceptions
Cities - Municipal electric utilities, data center service, tariffs, minimum requirements, exceptions
Counties - Heritage county designation, county ranking
Economic Development - Jobs retention project, eligible costs incurred, heritage county location
Economic Development - Kentucky Business Investment Program, expansion of eligible companies and wage target thresholds
Economic Development - Kentucky Product Development Initiative, maximum funding available, heritage county designation
Economic Development - Refundable economic development credit, income tax
Effective Dates, Emergency - Economic development, heritage counties
Energy - Data centers, electric service requirements, exceptions, municipal and regulated utilities
Energy - Electric utility customers, net metering, availability cap determination, data center exclusion
Information Technology - Data centers, electric service requirements, exceptions, municipal and regulated utilities
Public Utilities - Electric utility customers, net metering, availability cap determination, data center exclusion
Public Utilities - Municipal and regulated electric utilities, data center service, tariffs, requirements, exceptions
Reports Mandated - Cabinet for Economic Development, refundable economic development credit
Reports Mandated - Department of Revenue, refundable economic development credit
Taxation - Income tax, refundable economic development credit
Taxation - Income tax, skills training investment credit, modifications
Taxation, Income--Corporate - Economic development credit, refundable
Taxation, Income--Individual - Refundable economic development credit, creation
Technical Corrections - Municipal and regulated electric utilities, data center service, tariffs, requirements, exceptions
Wages And Hours - Wage requirements, certain economic development projects
Workforce - Minimum base hourly wage requirements, economic development project purposes
Workforce - Minimum number of full-time employees, heritage county designation, economic development incentives
Workforce - Skills training investment credit, increase in credit amount per trainee

Amendment House Committee Amendment 1
Sponsor J. Petrie
Summary Make title amendment.
Index Headings Workforce - Minimum number of full-time employees, heritage county designation, economic development incentives
Workforce - Skills training investment credit, increase in credit amount per trainee
Boards And Commissions - Public Service Commission, data center electric service, tariffs, requirements, exceptions
Cities - Municipal electric utilities, data center service, tariffs, minimum requirements, exceptions
Counties - Heritage county designation, county ranking
Economic Development - Jobs retention project, eligible costs incurred, heritage county location
Economic Development - Kentucky Business Investment Program, expansion of eligible companies and wage target thresholds
Economic Development - Kentucky Product Development Initiative, maximum funding available, heritage county designation
Economic Development - Refundable economic development credit, income tax
Effective Dates, Emergency - Economic development, heritage counties
Energy - Data centers, electric service requirements, exceptions, municipal and regulated utilities
Energy - Electric utility customers, net metering, availability cap determination, data center exclusion
Information Technology - Data centers, electric service requirements, exceptions, municipal and regulated utilities
Public Utilities - Electric utility customers, net metering, availability cap determination, data center exclusion
Public Utilities - Municipal and regulated electric utilities, data center service, tariffs, requirements, exceptions
Reports Mandated - Cabinet for Economic Development, refundable economic development credit
Reports Mandated - Department of Revenue, refundable economic development credit
Taxation - Income tax, refundable economic development credit
Taxation - Income tax, skills training investment credit, modifications
Taxation, Income--Corporate - Economic development credit, refundable
Taxation, Income--Individual - Refundable economic development credit, creation
Technical Corrections - Municipal and regulated electric utilities, data center service, tariffs, requirements, exceptions
Wages And Hours - Wage requirements, certain economic development projects
Workforce - Minimum base hourly wage requirements, economic development project purposes

Amendment House Floor Amendment 1
Sponsor K. Upchurch
Summary Retain original provisions; create new sections of KRS Chapter 148 to define terms; establish the Burnside Island Development Authority to develop, finance, maintain, and improve lodging and restaurant facilities on General Burnside Island State Park and surrounding area; require the authority to be governed by a board; establish board membership, terms, powers, and duties; establish duties and purposes of the authority; require the board and authority to be subject to the Kentucky Open Meetings Act and Kentucky Open Records Act; require the board to acquire authorization from the General Assembly prior to the sale, trade, or disposal of real property valued greater than $400,000 that is owned by the Commonwealth and managed by the Department of Parks; require that bond debt service be payable solely from the revenue of the bonds; require the Department of Parks to operate and maintain General Burnside Island State Park until an agreement between the authority and a private partner takes effect; prohibit the Department of Parks, on its own or through another agency of the executive branch of state government or private partner, from developing, leasing, or entering into contracts to develop lodging, restaurant facilities, or additional recreational or entertainment facilities without approval from the BIDA board and authorization from the General Assembly; amend KRS 132.195 to exempt the acquisition or lease of General Burnside Island State Park and the acquisition, lease, or development of public-private partnership projects from property taxation requirements; set forth the staggering of initial board terms.
Index Headings Cities - Public-private partnership project interests, property taxes, exemption
Counties - Public-private partnership project interests, property taxes, exemption
Economic Development - Public-private partnership project interests, property taxes, exemption
Economic Development - Department of Parks, General Burnside Island State Park, development, prior approval, requirement
Economic Development - General Burnside Island State Park, development
General Assembly - Department of Parks, General Burnside Island State Park, development, authorization
General Assembly - Burnside Island Development Authority board, membership
Land Use - Public-private partnership project interests, property taxes, exemption
Land Use - Department of Parks, General Burnside Island State Park, development, prior approval, requirement
Local Government - Public-private partnership project interests, property taxes, exemption
Property - Public-private partnership project interests, property taxes, exemption
Public Procurement - Public-private partnership project interests, property taxes, exemption
State Agencies - Public-private partnership project interests, property taxes, exemption
State Agencies - Department of Parks, General Burnside Island State Park, development, prior approval, requirement
Taxation - Public-private partnership project interests, property taxes, exemption
Taxation, Property - Public-private partnership project interests, acquisition or lease, exemption
Universities And Colleges - Public-private partnership project interests, property taxes, exemption
Capital Construction - Public-private partnership project interests, property taxes, exemption
Property Valuation Administrators - Public-private partnership project interests, property taxes, exemption
Governor - Burnside Island Development Authority board, membership
Amusements And Recreations - General Burnside Island State Park, development
Bonds, Public - Burnside Island Development Authority, bonding authority
Public Meetings - Burnside Island Development Authority, board, Open Meetings Act, requirement
Public Records And Reports - Burnside Island Development Authority, board, Open Meetings Act, requirement
Tourism - General Burnside Island State Park, development
Boards And Commissions - Burnside Island Development Authority, board, creation

Amendment House Floor Amendment 2
Sponsor J. Bray
Summary Exempt facilities owned or operated by telecommunication service providers from the definition of "data center"; provide that certain retail electric suppliers may utilize electricity generated by a dedicated resource for non-data center customers or use electricity not generated by a dedicated resource to serve a data center if doing so results in a cost savings or no increased costs for all of its customers and the reliability of the retail electric service provided is not diminished.
Index Headings Energy - Retail electric suppliers, data center customers, dedicated resources, least cost resource planning
Public Utilities - Retail electric suppliers, data center customers, dedicated resources, least cost resource planning
Telecommunications - Data center definition, telecommunication service providers, exemption

Last updated: 3/30/2026 4:42 PM (EDT)