Kentucky 2026 Regular Session Status: Enacted 1 R cosponsors

HB 398 — AN ACT relating to decommissioning costs for electric generating units.

Last action — became law without Governor's Signature (Acts Ch. 95)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 15, 2026. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 12, 2026.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 278.264 to provide that the Public Service Commission maintains its authority to approve a utility's right to record and seek, prior to retirement authorization, the recovery of any electric generating unit's decommissioning, removal and salvage costs, and depreciation expenses through rates over the unit's estimated depreciable life.

Bill Text

What changed in the latest version

82 added · 111 removed

Plain-language change summary

The revised version of Bill HB 398 adds new requirements regarding the retirement of electric generating units. It emphasizes that there is a presumption against retiring fossil fuel-fired units unless utilities can prove they will replace them with reliable and capable new energy sources. This change is significant because it aims to ensure that energy reliability and resilience are maintained when older fossil fuel plants are decommissioned, which could positively influence the state's energy transition and environmental goals.

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UNOFFICIAL COPY 26 RS HB 398/EN AN ACT relating to decommissioning costs for electric generating units.
CHAPTER 95 1 CHAPTER 95 ( HB 398 ) AN ACT relating to decommissioning costs for electric generating units.
Page 1 of 4 HB039820.100 - 1554 - XXXX 3/31/2026 1:07 PM Engrossed UNOFFICIAL COPY 26 RS HB 398/EN 3.
3.
(a) The number of requests by utilities to retire electric generating units in the Commonwealth, the nameplate capacity of each of those units, and whether Page 2 of 4 HB039820.100 - 1554 - XXXX 3/31/2026 1:07 PM Engrossed UNOFFICIAL COPY 26 RS HB 398/EN the request was approved or denied by the commission;
(a) The number of requests by utilities to retire electric generating units in the Commonwealth, the nameplate capacity of each of those units, and whether the request was approved or denied by the commission;
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
Page 3 of 4 HB039820.100 - 1554 - XXXX 3/31/2026 1:07 PM Engrossed UNOFFICIAL COPY 26 RS HB 398/EN 4.
4.
Page 4 of 4 HB039820.100 - 1554 - XXXX 3/31/2026 1:07 PM Engrossed
Became law without Governor's signature April 12, 2026.
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How this bill changes current law

3 changes Share ↗

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends KRS 278.264 to clarify the conditions under which the commission can approve the retirement of electric generating units and the recovery of associated costs.

  • KRS 278.264

    and combined heat and power from solar, wind, geothermal, or anaerobic digestion sources;

    This adds new definitions to the existing law regarding what constitutes 'Intermittent' sources of energy.

  • KRS 278.264

    or any short duration energy storage, which includes any method of storing generated electricity for later dispatch to the grid, whether alone or in conjunction with any other intermittent sources described in this paragraph, that is equivalent to less than forty-eight (48) hours of the average peak generation of the unit it is used to offset;

    This expands the definition of 'Intermittent' energy sources to include short duration energy storage.

  • KRS 278.264

    Approval to recover any costs or expenses under this subsection shall not be considered approval of, or support for, retirement or approval of timing of retirement of an electric generating unit in any proceeding considering a retirement application filed pursuant to subsection (1) of this section.

    This clarifies that approving cost recovery does not imply approval for retirement of an electric generating unit.

Action History

  1. became law without Governor's Signature (Acts Ch. 95)

  2. filed without Governor's signature with the Secretary of State

  3. delivered to Governor

  4. enrolled, signed by President of the Senate

  5. enrolled, signed by Speaker of the House

  6. passed 81-14

  7. House concurred in Committee Substitute (1)

  8. posted for passage for concurrence in Senate Committee Substitute (1)

  9. to Rules (H)

  10. received in House

  11. 3rd reading, passed 30-6 with Committee Substitute (1)

  12. posted for passage in the Regular Orders of the Day for Thursday, March 26 2026

  13. reported favorably, 2nd reading, to Rules with Committee Substitute (1)

  14. returned to Natural Resources & Energy (S)

  15. 1st reading

  16. taken from Natural Resources & Energy (S)

  17. to Natural Resources & Energy (S)

  18. to Committee on Committees (S)

  19. received in Senate

  20. 3rd reading, passed 78-15

  21. posted for passage in the Regular Orders of the Day for Monday, February 02 2026

  22. 2nd reading, to Rules

  23. reported favorably, 1st reading, to Calendar

  24. to Natural Resources & Energy (H)

  25. to Committee on Committees (H)

  26. introduced in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 137 not signed on · 22 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 81 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 76003
Democrat 41402
Unaffiliated 1000
Total 811405
% of votes cast 81%14%0%5%
How each member voted (100)
Member Party Vote
Lewis C — Yea
Adam Moore Democrat Yea
Adrielle Camuel Democrat Nay
Al Gentry Democrat Nay
Anne Gay Donworth Democrat Nay
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
Erika Hancock Democrat Yea
George Brown Jr. Democrat Nay
Joshua Watkins Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Nay
Matthew Lehman Democrat Yea
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Thompson Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
J.T. Payne Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim Holloway Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Mitch Whitaker Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Bivens Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Not Voting
Tom Smith Republican Yea
Tony Hampton Republican Yea
Vanessa Grossl Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Not Voting

Official roll call →

PASS HB 398 w/ SCS 1

Passed 30 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 30102
Democrat 0500
Total 30602
% of votes cast 79%16%0%5%
How each member voted (38)
Member Party Vote
Cassie Chambers Armstrong Democrat Nay
Gary Clemons Democrat Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Keturah J. Herron Democrat Nay
Aaron Reed Republican Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Craig Richardson Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Not Voting
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matt Nunn Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Not Voting
Robin L. Webb Republican Yea
Scott Madon Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Steve Rawlings Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Nay

Official roll call →

Pass

Passed 78 Yea · 15 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 74104
Democrat 31403
Unaffiliated 1000
Total 781507
% of votes cast 78%15%0%7%
How each member voted (100)
Member Party Vote
Lewis C — Yea
Adam Moore Democrat Yea
Adrielle Camuel Democrat Nay
Al Gentry Democrat Nay
Anne Gay Donworth Democrat Nay
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Not Voting
Chad Aull Democrat Not Voting
Daniel Grossberg Democrat Nay
Erika Hancock Democrat Yea
George Brown Jr. Democrat Nay
Joshua Watkins Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Mary Lou Marzian Democrat Nay
Matthew Lehman Democrat Yea
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Thompson Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Nay
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
J.T. Payne Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Not Voting
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim Holloway Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Not Voting
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Mitch Whitaker Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Bivens Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Tony Hampton Republican Not Voting
Vanessa Grossl Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Not Voting

Official roll call →

Subjects

public-safety energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 398 do?
Amend KRS 278.264 to provide that the Public Service Commission maintains its authority to approve a utility's right to record and seek, prior to retirement authorization, the recovery of any electric generating unit's decommissioning, removal and salvage costs, and depreciation expenses through rates over the unit's estimated depreciable life.
Who sponsors HB 398?
HB 398 is sponsored by Wade Williams (Republican).
What is the current status of HB 398?
This bill has been enacted into law. Introduced January 15, 2026. Enacted.
Where can I track HB 398?
Track HB 398 free on One Click Politics — get push/email alerts when it moves.

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