HB 677 — AN ACT relating to energy production and byproduct management.
Last action — became law without Governor's Signature (Acts Ch. 152)
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 19, 2026. Enacted.
Signed by Governor Andy Beshear (Democratic) on April 14, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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3 sponsors
3 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Create new sections of KRS Chapter 353 to establish the purposes of the Act; define terms; require and specify the types of permits before constructing or operating a carbon dioxide facility; exempt enhanced oil or gas recovery under KRS 353.592; require any oil, natural gas or coalbed methane well converted to a carbon dioxide sequestration well to be governed by this Act; set forth the requirements and process to obtain a Class VI underground injection control permit; require permit fees to be put in the carbon dioxide sequestration facility administrative fund; set forth a process for commercially valuable minerals; designate the consent of owners of pore space for a administratively complete application; specify when the Energy and Environment Cabinet can begin technical review of the application; require financial responsibility sufficient to cover specific activities and cabinet review of financial responsibility annually; provide that the cabinet's determination is considered final; allow for the adjustment of financial responsibility based on adjustments in cost estimates; list the type of financial instruments which can be used as qualifying financial responsibility instruments; authorize the cabinet to promulgate administrative regulations for financial responsibility; identify reasons why the cabinet would deny an application for a permit; authorize the cabinet to restore applicant eligibility for permit under specific grounds and circumstances; require cabinet approval for a transfer of a permit and allow obligations and rights to pass to the new transferee; require periodic review of permits; prescribe the notice and comment requirements for a Class VI permit; delineate the cabinet's actions for applications that are complete and incomplete; prohibit the approval or transfer of a permit to an operator for conditions specified and allow eligibility after an applicant, operator, or control person takes certain remedial actions; establish requirements to maintain the integrity of carbon sequestration wells and notification of affected parties when activities occur on the well site; provide mechanism of redress for parties that are not in agreement over activities on the well site; specify the requirements for plugging and abandoning a Class VI well or monitoring well; authorize the secretary of the Energy and Environment Cabinet to enter into cooperative agreements; specify the requirements for a completion certificate issued by the Energy and Environment Cabinet after demonstrating compliance for 50 years or another time frame designated by the cabinet along with notice and public hearing; require ownership transferred to the Commonwealth and that both pore and surface owners are held harmless from liability; establish a carbon dioxide sequestration facility administrative fund and specify the moneys to be placed into the fund and the purposes and uses of the fund; establish an application fee to be paid to the carbon dioxide sequestration facility administrative fund and authorize the cabinet to promulgate administrative regulations for a fee schedule; establish a carbon dioxide sequestration facility trust fund and specify the purposes and use of moneys in the fund; require sequestration operators to pay a fee on each ton of carbon dioxide sequestered and have the fees remitted to the carbon dioxide sequestration facility trust fund; require the cabinet to prepare an annual report on the Class VI underground injection control permit and the carbon dioxide sequestration facility trust fund; state that the report is due December 31 of each year beginning with the receipt of the first application for an underground injection control permit; require the Energy and Environment Cabinet to certify the amount of carbon dioxide sequestered by each permittee and allow amounts sequestered to be used for a carbon dioxide credits, allowances, trading, emissions allocations, or offsets; prohibit the altering of legal rights or relationships of several mineral estates and pore space owners in common law; specify methods for nonconsenting owners; allow for the cabinet to make a determination on missing or nonconsenting pore space owners for a sequestration facility and notice for a pooling order; require the applicant to pay the cost of administrative hearing with a pooling order; establish notice for a pooling order and the compensation of owners; establish requirements for seismic survey of lands; require operator to deposit funds for unknown or missing pore space owners and allow funds to be moved to the carbon dioxide sequestration facility trust fund after 7 years; create a severability clause; establish violations and penalties; require notice and service for violations and establish courts with jurisdiction and a requirement for a stay of notice and administrative hearing; authorize the cabinet to promulgate administrative regulations to develop regulatory program for the administration of the underground injection control program; repeal KRS 353.800, 353.802, 353.804, 353.806, 353.808, 353.810, and 353.812, relating to geologic storage of carbon dioxide.
Bill Text
What changed in the latest version
1241 added · 1725 removedPlain-language change summary
The amendments to Bill HB 677 primarily clarify and enhance the framework for developing and approving underground carbon dioxide sequestration facilities in Kentucky. Key changes include defining terms more clearly, such as "administratively complete" for permit applications, and detailing the responsibilities of a designated government agency to ensure the protection of stakeholders' rights. These adjustments matter because they aim to facilitate safer and more efficient carbon sequestration processes while safeguarding the rights and interests of landowners and the environment.
UNOFFICIALCHAPTER COPY152 261 RSCHAPTER 152 ( HB 677/EN677 ) AN ACT relating to energy production and byproduct management.
(3) "Carbon dioxide" means anthropogenic carbon dioxide of sufficient purity and Page 1 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN quality as to not compromise:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (9) "Control person" has the same meaning as in KRS 353.510;
(12) "Monitoring well" means a well authorized under a Class VI underground Page 2 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN injection control permit that is designed and completed in a specified subsurface interval to monitor pressure, fluid chemistry, or other parameters to confirm containment of injected carbon dioxide within the sequestration reservoir and confining system and to demonstrate non-endangerment of underground sources of drinking water;
Those waters having well-defined banks and beds, either constantly or Page 3 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN intermittently flowing;
(1) A person shall not construct or operate a carbon dioxide sequestration facility Page 4 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN without first securing a:
and CHAPTER 152 3 (b) Drilling permit issued by the cabinet.
Page 5 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN (4) If, prior to approval of an application, the cabinet determines that the proposed sequestration facility contains commercially valuable minerals, the cabinet shall ensure that the interests of the mineral owners or mineral lessees:
(7) If the cabinet determines that a bona fide dispute exists regarding the applicant's legal right, consistent with subsections (5) and (6) of this section, to utilize any of Page 6 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN the pore space acreage of the proposed sequestration reservoir, the cabinet shall:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (8) A Class VI permit shall not be issued under this section unless the cabinet finds that:
(h) Adequate horizontal and vertical boundaries of the sequestration reservoir are defined, including buffer areas, to ensure that the sequestration facility Page 7 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN is operated safely and prudently;
The cost estimates shall be separate for each phase Page 8 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN and shall be based on the costs of the cabinet to hire third parties to perform the required activity.
CHAPTER 152 5 (d) The cabinet shall perform an annual evaluation of the qualifying financial responsibility to determine if the amount of financial responsibility provided by the sequestration operator is sufficient to secure the operator's obligations under state and federal law.
(e) The initial deposit, use, and length of pay-in periods for trust funds or Page 9 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN escrow accounts are subject to the cabinet's approval.
The cabinet shall consider project-specificproject- specific risk assessments, projected timing of activities, and interest accumulation in determining whether sufficient funds are available to conduct the required activities.
Adjustments in assessed contributions by the sequestration operator to Page 10 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN the carbon dioxide sequestration facility trust fund established in Section 16 of this Act.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 5.
May restore the eligibility of applicants, operators, and control persons Page 11 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN who are deemed permit-ineligible pursuant to paragraph (a)1.
Shall restore the eligibility of applicants, operators, or control persons who are deemed permit-ineligiblepermit- ineligible pursuant to paragraph (a)2.
Shall restore the eligibility of applicants, operators, or control persons who are deemed permit-ineligiblepermit- ineligible pursuant to paragraph (a)3.
of this Page 12 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN subsection may be withdrawn at any time if the cabinet determines that the applicant no longer satisfies the requirements of this section.
The cabinet shall fully restore the eligibility of applicants who are deemed permit-ineligiblepermit- ineligible pursuant to paragraph (a)7.
During permit review, the cabinet shall review all provisions of the existing permit, including the adequacy of the Page 13 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN financial responsibility required by this section.
CHAPTER 152 7 SECTION 5.
Page 14 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN SECTION 6.
A NEW SECTION OF KRS CHAPTER 353 IS CREATED TO Page 15 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN READ AS FOLLOWS:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY SECTION 8.
(1) For the purposes of Sections 1 to 24 of this Act and in all other respects, any Page 16 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN carbon dioxide injected and sequestered in accordance with a Class VI underground injection control permit issued by the cabinet and in compliance with Sections 1 to 24 of this Act and the cabinet's administrative regulations shall not be considered a pollutant, and the operation and existence of such a carbon dioxide sequestration facility shall not be considered a public nuisance.
Page 17 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN (4) Before drilling, deepening, reopening, converting, or plugging a Class VI injection well or monitoring well on a property where oil, gas, or other minerals are owned by a person other than the sequestration operator, the sequestration operator shall, at the time of filing, forward a copy of the application and plat to the oil, gas, or other mineral owner via registered or certified mail or by personal service;
If an agreement is not reached, the cabinet, after considering the objections and the evidence presented at the hearing, shall enter CHAPTER 152 9 an order and issue a permit to drill with modifications to protect the rights and resources of the Page 18 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN parties involved;
The operator may proceed with plugging the well if, after notice, the non-pluggingnon- plugging operator does not attend;
Page 19 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN a.
or (b) At any other time frame established on a site-specific basis by administrative regulations promulgated pursuant to KRS Chapter 13A regarding the time frame for a sequestration operator's post-injection site care and site closure Page 20 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN plan.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
The Commonwealth's liability for such claims and its obligation to indemnify a pore space owner or surface owner for any claim shall not obligate payment of any damages in excess of the balance of the carbon dioxide sequestration facility trust fund established in Section 16 of Page 21 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN this Act;
and (d) The Commonwealth's responsibility for monitoring and managing the sequestration facility following issuance of the completion certificate and assumption of ownership of the sequestered carbon dioxide shall be funded from the carbon dioxide sequestration facility trust fund established in Section 16 of this Act until and unless the federal government assumes responsibilityforresponsibility for the long-termlong- term monitoring and management of sequestration facilities.
Page 22 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN (a) Payment of all expenses of the cabinet in processing Class VI permits and certificate applications;
CHAPTER 152 11 (2) Sequestration operators shall pay an annual administrative fee to the cabinet.
The fee shall be calculated to ensure sufficient funds are available for the actual or anticipated cost to the cabinet for the review of the permit and records relating to Page 23 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN the operation of the sequestration facility to determine eligibility for issuance of the completion certificate.
and Page 24 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN (b) Compensate the government agency for its expenses with money from the fund.
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Page 25 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN (2) The amounts determined by the cabinet under subsection (1) of this section may be used for such matters as establishing the amounts of carbon credits, allowances, trading, emissions allocations, offsets, and for other similar purposes.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) A person requesting a certification of a sequestration determination shall pay the cabinet a certification fee as authorized in Section 24 of this Act.
(2) The Class VI permit applicant shall negotiate in good faith with the pore space Page 26 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN owners and acquire rights needed to access the pore space.
(7) If the proposed pooling order concerns pore space with unknown or missing owners, the sequestration operator shall, after reasonable efforts to locate the Page 27 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN pore space owners, publish one (1) notice in the newspaper of the largest circulation in each county in which the pore space is located.
CHAPTER 152 13 (8) A pooling order shall authorize the injection and sequestration of carbon dioxide beneath the tract or portion thereof.
Page 28 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN (11) If the cabinet or US EPA requires a seismic survey of lands owned by the nonconsenting surface owner and an operator is unable to reasonably obtain by negotiation with a property owner the right to conduct seismic surveys on lands owned by the nonconsenting surface owner, then:
(2) If the unknown or missing pore space owners remain unknown or missing for a period of seven (7) years from the date of first injection into the sequestration reservoir, the sequestration operator shall pay the funds held in trust to the Page 29 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN surface owners of the tract overlying the pore space owned by the unknown or missing pore space owners.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) If a person or operator fails to abate the violation within the time prescribed in the notice, the cabinet shall issue a failure to abate cessation order to the person or operator and serve the notice in accordance with subsection (5) of this section.
Require the person or operator to immediately complete remedial Page 30 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN actions to abate the violation described in the notice and to cease any underground injection activity at the sequestration facility or site where the violation is occurring;
A sequestration facility is in operation by any person without first Page 31 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN posting financial responsibility and obtaining written approval of the cabinet.
Page 32 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN (4) When it appears that any person is violating or threatening to violate any provision of Sections 1 to 24 of this Act or any rule, administrative regulation, or order promulgated or issued thereunder, the cabinet may bring suit to restrain the person from continuing the violation or from carrying out the threatened violation.
CHAPTER 152 15 (a) Be filed in the:
(6) The commencement of a proceeding pursuant to KRS 353.700 shall not operate Page 33 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN as a stay of a notice or order, including a notice or order that contains the requirement to complete all remedial measures to abate the cited violation, issued under this section.
Page 34 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN SECTION 24.
(1) In addition to the powers conferred upon the cabinet in other provisions of Sections 1 to 24 of this Act, the cabinet may develop, promulgate, and submit for approval a regulatory program for the purpose of accepting primary responsibility for the administration of the underground injection control program under 42 U.S.C.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) A prohibition of underground injection through Class VI wells, except as authorized by a Class VI permit issued pursuant thereto;
Reporting and recordkeeping that provide project-specific information Page 35 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN to evaluate the site operations and ensure environmental protection;
The fees shall cover all costs to the cabinet for administering the underground injection Page 36 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN control program.
CHAPTER 152 17 (4) (a) Any order or final determination of the cabinet that is issued pursuant to Sections 1 to 24 of this Act shall be subject to review in accordance with KRS 353.700 and any administrative regulation promulgated thereunder.
The Page 37 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN certificate shall be conditioned upon the applicant obtaining necessary air, water, and waste permits.
Only the exhaust stack of the proposed facility to be actually used for coal or gas-fired generation[ or, beginning with applications for site compatibility certificates filed on or after January 1, 2015, the proposed structure or facility to be actually used for solar or wind generation] shall be required to be at least one thousand (1,000) feet from the property boundary of any adjoining property owner and two thousand (2,000) feet from any residential neighborhood, school, hospital, or Page 38 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN nursing home facility;
(4) The board may grant a deviation from the requirements of subsection (2) of this section on a finding that the proposed facility is designed to and, as located, would meet the goals of KRS 224.10-280, 278.010, 278.212, 278.214,Legislative 278.216,Research 278.218,Commission PagePDF 39Version ofACTS 58OF HB067720.100THE -GENERAL 2168ASSEMBLY -278.214, XXXX278.216, 4/1/2026278.218, 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN and 278.700 to 278.716 at a distance closer than those provided in subsection (2) of this section.
All Page 40 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN notices must be mailed or posted at least two (2) weeks prior to the meeting.
Public notice shall be given within Page 41 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN thirty (30) days immediately preceding the application filing to:
CHAPTER 152 19 (d) A statement certifying that the proposed plant will be in compliance with all local ordinances and regulations concerning noise control and with any local planning and zoning ordinances.
(e) If the facility is not proposed to be located on a site of a former coal processing plant and the facility will use on-site waste coal as a fuel source or in an area where a planning and zoning commission has established a setback requirement pursuant to KRS 278.704(3), a statement that the exhaust stack of the proposed facility and any wind turbine is at least one thousand (1,000) feet from the property boundary of any adjoining property owner and all proposed structures or facilities used in connection with the generation or storage[for generation] of electricity are two thousand (2,000) feet from any residential neighborhood, school, hospital, or nursing home facility, unless coal or gas-gas-fired fired generating facilities capable of generating ten megawatts (10MW) or more currently exist on the site.
(f) A complete report of the applicant's public involvement program activities Page 42 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN undertaken prior to the filing of the application, including:
(k) A detailed listing of all violations by it, or any person with an ownership interest, of federal or state environmental laws, rules, or administrative regulations, whether judicial or administrative, where violations have resulted Page 43 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN in criminal convictions or civil or administrative fines exceeding five thousand dollars ($5,000).
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
Page 44 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN a.
For property that is leased by the applicant, each landowner from whom the applicant leases land and the Energy and Environment Cabinet as the primary co-beneficiaries;co- beneficiaries;
If the merchant electric generating facility is to be located in a Page 45 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN county or municipality that has not established a decommissioning bond or other similar security obligation, the bond or other similar security shall name the county or municipality as a secondary beneficiary with the county's or municipality's consent;
The applicant, its successor, or its assign, shall be responsible for all costs incurred by all CHAPTER 152 21 parties to cure the cancellation or lapse of the bond.
Communicate with each affected landowner at the end of the merchant electric generating facility's useful life so that any requests of the Page 46 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN landowner that are in addition to the minimum requirements set forth in this paragraph and in addition to any other requirements specified in the lease with the landowner may, in the sole discretion of the applicant or its successor or assign, be accommodated;
(4) Application fees for a construction certificate shall be set by the board and Page 47 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN deposited into a trust and agency account to the credit of the commission.
Page 48 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN (d) Whether the facility is proposed for a site upon which existing generating facilities, capable of generating ten megawatts (10MW) or more of electricity, are currently located;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) Whether the proposed facility will meet all local planning and zoning requirements that existed on the date the application was filed;
(h) The efficacy of any proposed measures to mitigate adverse impacts that are Page 49 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN identified pursuant to paragraph (a), (b), (e), or (f) of this subsection from the construction or operation of the proposed facility;
The acquirer has the financial, technical, and managerial capacity to Page 50 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN meet the obligations imposed by the terms of the approval or has the ability to contract to meet these obligations;
CHAPTER 152 23 (4) A person that has acquired ownership, control, or the right to control a merchant electric generating facility from the applicant or its successor or assign shall file with the Energy and Environment Cabinet within ten (10) days of completing the acquisition:
An existing bond or other similar security shall be adopted, or a replacement bond or other similar security shall be in place, as of the date the acquisition occurs so that Page 51 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN there is no lapse in coverage of the decommissioning bond or other similar security.
(8) In addition to all compliance monitoring and enforcement performed by the secretary of the Energy and Environment Cabinet, and notwithstanding any Page 52 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN provision of law to the contrary, the secretary shall also review the decommissioning plan required by KRS 278.706(2)(m) or by local ordinance, license, or permit and the bond or similar security amount required by KRS 278.706(2)(m)5.
An application for a construction certificate shall be filed at the offices of Page 53 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN the Public Service Commission along with an application fee as set forth in subsection (6) of this section.
The board may hire a consultant to review the transmission line or carbon dioxide pipeline and provide recommendations concerning the adequacy of the application and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY proposed mitigation measures.
(c) With respect to electric transmission lines, a full description of the proposed Page 54 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN line and appurtenances, including the following:
Action to grant the certificate shall be based on the board's determination that the proposed route of the line will minimize significant adverse impact on the scenic assets of Kentucky and that the applicant will Page 55 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN construct and maintain the line according to all applicable legal requirements.
(5) The board shall convene a local public information meeting upon receipt of a request by not less than three (3) interested persons that reside in the county or counties in which the carbon dioxide pipeline is proposed to be CHAPTER 152 25 constructed.
(7) With respect to carbon dioxide transmission lines, within one hundred twenty (120) days of receipt of the application or one hundred eighty (180) days if a local public information meeting is held, the board shall, by majority vote, grant or deny the Page 56 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN construction certificate either in whole or in part.
353.804 Jurisdiction and authority over geologic storage of carbon dioxide -- Application for and approval of demonstration projects -- Cabinet to testify Page 57 of 58 HB067720.100 - 2168 - XXXX 4/1/2026 10:42 PM Engrossed UNOFFICIAL COPY 26 RS HB 677/EN annually on program's development.
PageBecame 58law ofwithout 58Governor's HB067720.100signature -April 216814, -2026. XXXX 4/1/2026 10:42 PM Engrossed
Legislative Research Commission PDF Version
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Action History
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became law without Governor's Signature (Acts Ch. 152)
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filed without Governor's signature with the Secretary of State
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delivered to Governor
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enrolled, signed by President of the Senate
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enrolled, signed by Speaker of the House
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passed 61-28
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House concurred in Committee Substitute (1), Floor Amendment (1) and Committee Amendment (1-title)
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posted for passage for concurrence in Senate Committee Substitute (1), Floor Amendment (1) and Committee Amendment (1-title)
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to Rules (H)
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received in House
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3rd reading, passed 38-0 with Committee Substitute (1), Floor Amendment (1) and Committee Amendment (1-title)
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posted for passage in the Regular Orders of the Day for Tuesday, March 31 2026
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floor amendment (1) filed to Committee Substitute
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2nd reading, to Rules as a consent bill
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reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1) and Committee Amendment (1-title)
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to Natural Resources & Energy (S)
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to Committee on Committees (S)
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received in Senate
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3rd reading, passed 98-0 with Committee Amendment (1)
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posted for passage in the Regular Orders of the Day for Monday, March 09 2026
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar with Committee Amendment (1)
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to Natural Resources & Energy (H)
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to Committee on Committees (H)
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introduced in House
Sponsors
- Wade Williams · Primary
- J.T. Payne · Primary
- Jim Gooch Jr. · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 135 not signed on · 28 voted No
Sponsors (3)
- Wade Williams Republican
- J.T. Payne Republican
- Jim Gooch Jr. Republican
Co-sponsors (0)
None.
Not signed on (135)
135 members have not signed on to this bill.
Show all 135 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 58 | 11 | 0 | 10 |
| Democrat | 2 | 17 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 61 | 28 | 0 | 11 |
| % of votes cast | 61% | 28% | 0% | 11% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Lewis C | — | Yea |
| Adam Moore | Democrat | Nay |
| Adrielle Camuel | Democrat | Nay |
| Al Gentry | Democrat | Nay |
| Anne Gay Donworth | Democrat | Nay |
| Ashley Tackett Laferty | Democrat | Yea |
| Beverly Chester-Burton | Democrat | Not Voting |
| Chad Aull | Democrat | Nay |
| Daniel Grossberg | Democrat | Nay |
| Erika Hancock | Democrat | Nay |
| 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 | Nay |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Nay |
| Rachel Roarx | Democrat | Nay |
| Sarah Stalker | Democrat | Nay |
| Tina Bojanowski | Democrat | Nay |
| Aaron Thompson | Republican | Not Voting |
| Adam Bowling | Republican | Yea |
| Amy Neighbors | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Nay |
| Candy Massaroni | Republican | Nay |
| 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 | Not Voting |
| Felicia Rabourn | Republican | Nay |
| 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 | Nay |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Nay |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kevin Jackson | Republican | Yea |
| Kim Banta | Republican | Nay |
| Kim Holloway | Republican | Nay |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Marianne Proctor | Republican | Nay |
| Mark Hart | Republican | Not Voting |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Not Voting |
| 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 | Not Voting |
| 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 | Nay |
| 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 | Nay |
| Steven Rudy | Republican | Nay |
| Susan Witten | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Not Voting |
| Thomas Huff | Republican | Yea |
| Timmy Truett | Republican | Yea |
| Tom Smith | Republican | Not Voting |
| Tony Hampton | Republican | Yea |
| Vanessa Grossl | Republican | Yea |
| Wade Williams | Republican | Yea |
| Walker Thomas | Republican | Yea |
| William Lawrence | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 33 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Cassie Chambers Armstrong | Democrat | Yea |
| Gary Clemons | Democrat | Yea |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Yea |
| Keturah J. Herron | Democrat | Yea |
| 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 | Yea |
| 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 | Yea |
| 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 | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 20 | 0 | 0 | 0 |
| Republican | 77 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 98 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Lewis C | — | Yea |
| Adam Moore | Democrat | Yea |
| Adrielle Camuel | Democrat | Yea |
| Al Gentry | Democrat | Yea |
| Anne Gay Donworth | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| Beverly Chester-Burton | Democrat | Yea |
| Chad Aull | Democrat | Yea |
| Daniel Grossberg | Democrat | Yea |
| Erika Hancock | Democrat | Yea |
| George Brown Jr. | Democrat | Yea |
| Joshua Watkins | Democrat | Yea |
| Lindsey Burke | Democrat | Yea |
| Lisa Willner | Democrat | Yea |
| Mary Lou Marzian | Democrat | Yea |
| Matthew Lehman | Democrat | Yea |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Yea |
| Rachel Roarx | Democrat | Yea |
| Sarah Stalker | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Aaron Thompson | Republican | Yea |
| Adam Bowling | Republican | Not Voting |
| 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 | 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 | 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 | Yea |
| 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 |
Subjects
Frequently asked questions
- What does HB 677 do?
- Create new sections of KRS Chapter 353 to establish the purposes of the Act; define terms; require and specify the types of permits before constructing or operating a carbon dioxide facility; exempt enhanced oil or gas recovery under KRS 353.592; require any oil, natural gas or coalbed methane well converted to a carbon dioxide sequestration well to be governed by this Act; set forth the requirements and process to obtain a Class VI underground injection control permit; require permit fees to be put in the carbon dioxide sequestration facility administrative fund; set forth a process for commercially valuable minerals; designate the consent of owners of pore space for a administratively complete application; specify when the Energy and Environment Cabinet can begin technical review of the application; require financial responsibility sufficient to cover specific activities and cabinet review of financial responsibility annually; provide that the cabinet's determination is considered final; allow for the adjustment of financial responsibility based on adjustments in cost estimates; list the type of financial instruments which can be used as qualifying financial responsibility instruments; authorize the cabinet to promulgate administrative regulations for financial responsibility; identify reasons why the cabinet would deny an application for a permit; authorize the cabinet to restore applicant eligibility for permit under specific grounds and circumstances; require cabinet approval for a transfer of a permit and allow obligations and rights to pass to the new transferee; require periodic review of permits; prescribe the notice and comment requirements for a Class VI permit; delineate the cabinet's actions for applications that are complete and incomplete; prohibit the approval or transfer of a permit to an operator for conditions specified and allow eligibility after an applicant, operator, or control person takes certain remedial actions; establish requirements to maintain the integrity of carbon sequestration wells and notification of affected parties when activities occur on the well site; provide mechanism of redress for parties that are not in agreement over activities on the well site; specify the requirements for plugging and abandoning a Class VI well or monitoring well; authorize the secretary of the Energy and Environment Cabinet to enter into cooperative agreements; specify the requirements for a completion certificate issued by the Energy and Environment Cabinet after demonstrating compliance for 50 years or another time frame designated by the cabinet along with notice and public hearing; require ownership transferred to the Commonwealth and that both pore and surface owners are held harmless from liability; establish a carbon dioxide sequestration facility administrative fund and specify the moneys to be placed into the fund and the purposes and uses of the fund; establish an application fee to be paid to the carbon dioxide sequestration facility administrative fund and authorize the cabinet to promulgate administrative regulations for a fee schedule; establish a carbon dioxide sequestration facility trust fund and specify the purposes and use of moneys in the fund; require sequestration operators to pay a fee on each ton of carbon dioxide sequestered and have the fees remitted to the carbon dioxide sequestration facility trust fund; require the cabinet to prepare an annual report on the Class VI underground injection control permit and the carbon dioxide sequestration facility trust fund; state that the report is due December 31 of each year beginning with the receipt of the first application for an underground injection control permit; require the Energy and Environment Cabinet to certify the amount of carbon dioxide sequestered by each permittee and allow amounts sequestered to be used for a carbon dioxide credits, allowances, trading, emissions allocations, or offsets; prohibit the altering of legal rights or relationships of several mineral estates and pore space owners in common law; specify methods for nonconsenting owners; allow for the cabinet to make a determination on missing or nonconsenting pore space owners for a sequestration facility and notice for a pooling order; require the applicant to pay the cost of administrative hearing with a pooling order; establish notice for a pooling order and the compensation of owners; establish requirements for seismic survey of lands; require operator to deposit funds for unknown or missing pore space owners and allow funds to be moved to the carbon dioxide sequestration facility trust fund after 7 years; create a severability clause; establish violations and penalties; require notice and service for violations and establish courts with jurisdiction and a requirement for a stay of notice and administrative hearing; authorize the cabinet to promulgate administrative regulations to develop regulatory program for the administration of the underground injection control program; repeal KRS 353.800, 353.802, 353.804, 353.806, 353.808, 353.810, and 353.812, relating to geologic storage of carbon dioxide.
- Who sponsors HB 677?
- HB 677 is sponsored by Wade Williams (Republican), J.T. Payne (Republican), and Jim Gooch Jr. (Republican).
- What is the current status of HB 677?
- This bill has been enacted into law. Introduced February 19, 2026. Enacted.
- Where can I track HB 677?
- Track HB 677 free on One Click Politics — get push/email alerts when it moves.
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