Kentucky 2023 Regular Session Status: Enacted

HB 4 — AN ACT relating to merchant electric generating facilities and making an appropriation therefor.

Last action — delivered to Secretary of State (Acts Ch. 140)

  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 February 10, 2023. Enacted.

Prognosis

Likely to advance 68% · 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.

  • Cleared a recorded vote

    Passed 5 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 278.702 to provide that the terms of service for the ad hoc members of the Kentucky State Board on Electric Generation and Transmission Siting end when the merchant electric generating facility for which they were appointed has been constructed and has begun generating electricity for sale or its construction certificate expires; amend KRS 278.704 to lengthen the period of time that a construction certificate for a merchant electric generating facility is valid from 2 years to 3 years; include decommissioning requirements within the requirements over which local planning and zoning requirements shall have primacy; remove outdated language; amend KRS 278.706 to require that a decommissioning plan be included in an application for construction of a merchant electric generating facility; establish minimum requirements for a decommissioning plan; require as part of a decommission plan that a bond or similar security be secured to assure that the decommissioning plan is accomplished; establish requirements for how the bond is set and how the beneficiaries of the bond are to be determined; require that certain components of the decommissioning plan be incorporated into the construction certificate applicant's leases with landowners; amend KRS 278.708 to reference the transfer of the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet; amend KRS 278.710 to include whether the decommissioning plan is complete and complies with the requirements of the Act in the criteria for approval of a construction certificate for a merchant electric generating facility; require a person that has received a construction certificate for a merchant electric generating facility file with the Energy and Environment Cabinet the copy of the bond or similar security no later than the date that construction commences for the facility; require that an updated copy of the bond or similar security be refiled at least once every 5 years thereafter; require notice to be filed with the Energy and Environment Cabinet when the construction of the merchant electric generating facility is complete and has begun producing electricity for sale; require that notice be given of any transaction involving the sale or transfer of ownership of the facility to the Energy and Environment Cabinet and local officials within 10 days of finalizing the transaction; require a person who has acquired a merchant electric generating facility to file with the Energy and Environment Cabinet written consent to assume the obligations in the decommissioning plan for the facility and to adopt or replace the required decommissioning bond; provide that the transferor of control of a merchant electric generating facility remain liable for its decommissioning obligations until the transferee completes the documentation required by the Act and the secretary of the Energy and Environment cabinet accepts it as complete; provide that application approval conditions that require approval of transfer of control shall be void and unenforceable, subject to the requirements of the section; provide that after the application for a construction certificate for a merchant electric generating facility has been approved, the bond required by the Act has been posted, the facility has been constructed, and it has begun generating electricity for sale, the secretary of the Energy and Environment Cabinet shall ensure the facility's ongoing compliance with the requirements of KRS 278.700 to 278.716 and the conditions of its construction certificate approval, including updating its decommissioning plan and bond amounts at least once every 5 years; transfer the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet once the facility is constructed and begins generating electricity for sale; require that while the electric merchant generating facility is operational, if solar panels are removed and discarded, the discarded solar panels be removed from the site within 90 days of the completion of the work; amend KRS 278.718 to provide that an ordinance, permit, or license issued by a local government shall have primacy over the requirements of KRS 278.700 and Sections 2, 3, and 4 of this Act; amend KRS 224.10-100 to authorize the Energy and Environment Cabinet to monitor and enforce compliance of merchant electric generating entities with the requirements of the Act; authorize the Energy and Environment Cabinet to draw upon a decommissioning bond or other similar security for which it is named a beneficiary to complete an approved decommissioning plan; amend KRS 224.99-010 to give jurisdiction to the Circuit Court in any county where a merchant electric generating facility is located for actions arising from or related to certain provisions of the Act; allow for a civil penalty not to exceed $2,500 per day to be imposed for violation of the bonding and bond transfer requirements in the Act; allow for the suspension of a merchant electric generating facility's operations for failing to pay civil penalties or complying with the bonding transfer requirements of the Act; allow for the decommissioning of the facility if it is still noncompliant after 90 days of suspension of its operation; create a new section of Subchapter 10 of KRS Chapter 224 to require that if a merchant electric facility fails to complete its decommissioning plan within 18 months of ceasing to produce electricity for sale, then the cabinet shall draw upon the decommissioning bond and implement the decommissioning plan; require the Energy and Environment Cabinet within 90 days of the effective date of the Act to promulgate administrative regulations to establish the monitoring and enforcement of the bonding and bond transfer requirements of the Act; allow the Energy and Environment Cabinet to establish a fee structure to cover the costs of its enforcement responsibilities; establish the merchant electric generating facility monitoring and enforcement fund to receive the fees and penalties collected by the Energy and Environment Cabinet pursuant to their monitoring and enforcement responsibilities under the Act; require that the funds collected only be used to defray the Energy and Environment Cabinet's costs related to their monitoring and enforcement responsibilities under the Act; require that all expenses for the determination of the bond amount and for the procurement of decommissioning services by the Energy and Environment be paid by the owner of the merchant electric generating facility; APPROPRIATION.

Bill Text

What changed in the latest version

671 added · 924 removed

671 line(s) added, 924 removed.

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UNOFFICIAL COPY 23 RS HB 4/VO AN ACT relating to merchant electric generating facilities and making an appropriation therefor.
CHAPTER 140 1 CHAPTER 140 ( HB 4 ) AN ACT relating to merchant electric generating facilities and making an appropriation therefor.
Page 1 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO 2.
2.
(4) No member of the board shall receive any salary or fee for service on the board or shall have any financial interest in any facility the application for which comes Page 2 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO before the board, but each member shall be reimbursed for actual travel and expenses directly related to service on the board.
(4) No member of the board shall receive any salary or fee for service on the board or shall have any financial interest in any facility the application for which comes before the board, but each member shall be reimbursed for actual travel and expenses directly related to service on the board.
A majority of the members of the board shall constitute a quorum for the transaction of business.
A majority of the members of the board shall Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY constitute a quorum for the transaction of business.
For purposes of applications for site compatibility certificates pursuant to KRS 278.216, only the exhaust stack of the proposed facility to be actually used for coal or gas-fired generation or, beginning with applications for site Page 3 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO 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 nursing home facility.
For purposes of applications for site compatibility certificates pursuant to KRS 278.216, 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 nursing home facility.
(5) If the merchant electric generating facility is proposed to be located on a site of a former coal processing plant in the Commonwealth where the electric generating facility will utilize on-site waste coal as a fuel source, then the one thousand (1,000) foot property boundary requirement in subsection (2) of this section shall not be Page 4 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO applicable;
(5) If the merchant electric generating facility is proposed to be located on a site of a former coal processing plant in the Commonwealth where the electric generating facility will utilize on-site waste coal as a fuel source, then the one thousand (1,000) foot property boundary requirement in subsection (2) of this section shall not be applicable;
Owners of real estate known to be included in the project and any person whose property adjoins at any point any property to be included in the project shall be notified personally by mail.
Owners of real CHAPTER 140 3 estate known to be included in the project and any person whose property adjoins at any point any property to be included in the project shall be notified personally by mail.
Page 5 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO (a) The Energy and Environment Cabinet;
(a) The Energy and Environment Cabinet;
and Page 6 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO 2.
and 2.
(f) A complete report of the applicant's public involvement program activities undertaken prior to the filing of the application, including:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (f) A complete report of the applicant's public involvement program activities undertaken prior to the filing of the application, including:
The scheduling and conducting of a public meeting in the county or counties in which the proposed facility will be constructed at least Page 7 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO ninety (90) days prior to the filing of an application, for the purpose of informing the public of the project being considered and receiving comment on it;
The scheduling and conducting of a public meeting in the county or counties in which the proposed facility will be constructed at least ninety (90) days prior to the filing of an application, for the purpose of informing the public of the project being considered and receiving comment on it;
The status of any pending action, whether judicial or administrative, shall also be submitted;[ and] Page 8 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO (l) A site assessment report as specified in KRS 278.708.
The status of any pending action, whether judicial or administrative, shall also be submitted;[ and] (l) A site assessment report as specified in KRS 278.708.
Unless otherwise requested by the landowner, remove all above- ground facilities;
Unless otherwise requested by the landowner, remove all above-ground facilities;
The amount of the proposed bond or similar security shall be determined by an independent, licensed engineer who is experienced in the decommissioning of solar electric generating Page 9 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO facilities and has no financial interest in either the merchant electric generating facility or any parcel of land upon which the merchant electric generating facility is located.
The amount of the proposed bond or similar security shall be determined by an independent, licensed engineer who is experienced in the decommissioning of solar electric generating facilities and has no financial interest in either the merchant electric generating facility or any parcel of land upon which the merchant electric generating facility is located.
i.
CHAPTER 140 5 i.
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;
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;
If the merchant electric generating facility is to be located in a 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 Page 10 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO municipality as a secondary beneficiary with the county's or municipality's consent;
If the merchant electric generating facility is to be located in a 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;
Communicate with each affected landowner at the end of the merchant electric generating facility's useful life so that any requests of the landowner that are in addition to the minimum requirements set Page 11 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO 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;
Communicate with each affected landowner at the end of the merchant electric generating facility's useful life so that any requests of the 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;
Incorporate the requirements of paragraphs (m)1.
Incorporate the requirements of paragraph (m)1.
If a majority of the members of the board find that an applicant's initial fees are insufficient to pay the board's expenses associated with the application, including the board's expenses associated with legal review thereof, the board shall assess a supplemental application fee to cover the additional expenses.
If a majority of the members of the board find that an applicant's initial fees are insufficient to pay the board's expenses associated with the application, including the board's expenses associated with legal review thereof, Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY the board shall assess a supplemental application fee to cover the additional expenses.
Page 12 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO (a) A description of the proposed facility that shall include a proposed site development plan that describes:
(a) A description of the proposed facility that shall include a proposed site development plan that describes:
(5) The board shall have the authority to hire a consultant to review the site assessment report and provide recommendations concerning the adequacy of the report and Page 13 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO proposed mitigation measures.
(5) The board shall have the authority to hire a consultant to review the site assessment report and provide recommendations concerning the adequacy of the report and proposed mitigation measures.
(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;
CHAPTER 140 7 (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;
(f) Whether the additional load imposed upon the electricity transmission system Page 14 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO by use of the merchant electric generating facility will adversely affect the reliability of service for retail customers of electric utilities regulated by the Public Service Commission;
(f) Whether the additional load imposed upon the electricity transmission system by use of the merchant electric generating facility will adversely affect the reliability of service for retail customers of electric utilities regulated by the Public Service Commission;
(2) When considering an application for a construction certificate for a merchant Page 15 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO electric generating facility, the board may consider the policy of the General Assembly to encourage the use of coal as a principal fuel for electricity generation as set forth in KRS 152.210, provided that any facility, regardless of fuel choice, shall comply fully with KRS 224.10-280, 278.212, 278.216, and 278.700 to 278.716.
(2) When considering an application for a construction certificate for a merchant electric generating facility, the board may consider the policy of the General Assembly to encourage the use of coal as a principal fuel for electricity generation as set forth in KRS 152.210, provided that any facility, regardless of fuel choice, shall comply fully with KRS 224.10-280, 278.212, 278.216, and 278.700 to 278.716.
and 2.[(b)] The acquirer has the financial, technical, and managerial capacity to meet the obligations imposed by the terms of the approval or has the ability to contract to meet these obligations;
and 2.[(b)]The acquirer has the financial, technical, and managerial capacity to meet the obligations imposed by the terms of the approval or has the ability to contract to meet these obligations;
and (d) Following the date the merchant electric generating facility begins producing electricity for sale, file a notice of any transaction involving the transfer or sale of ownership, control, or the right to control the merchant electric generating facility, with lessors of property where the merchant electric generating facility is located, the Energy and Environment Cabinet, Page 16 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO the county judge/executive of a county and, if applicable, the mayor of a municipality in which the merchant electric generating facility is located, within ten (10) days of completing the transaction.
and (d) Following the date the merchant electric generating facility begins producing electricity for sale, file a notice of any transaction involving the transfer or sale of ownership, control, or the right to control the merchant electric generating facility, with lessors of property where the merchant electric generating facility is located, the Energy and Environment Cabinet, the county judge/executive of a county and, if applicable, the mayor of a municipality in which the merchant electric generating facility is located, within ten (10) days of completing the transaction.
(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:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (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:
(5) Any person who transfers or sells ownership, control, or the right to control a merchant electric generating facility shall remain liable for all existing decommissioning obligations and bond requirements until the person who acquires ownership, control, or the right to control the merchant electric generating facility files with the Energy and Environment Cabinet the documents Page 17 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO required by subsection (4) of this section and they are accepted as complete by the secretary.
(5) Any person who transfers or sells ownership, control, or the right to control a merchant electric generating facility shall remain liable for all existing decommissioning obligations and bond requirements until the person who acquires ownership, control, or the right to control the merchant electric generating facility files with the Energy and Environment Cabinet the documents required by subsection (4) of this section and they are accepted as complete by the secretary.
Upon review, the secretary of the Energy and Environment Cabinet shall Page 18 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO require the decommissioning plan to be updated and the bond amount to be changed to match any significant change in circumstances or change to the estimated cost of effectuating the decommissioning plan or to the salvage value of the facility or its components.
Upon review, the secretary of the Energy and Environment Cabinet shall require the decommissioning plan to be updated and the bond amount to be changed to match any significant change in circumstances or change to the estimated cost of effectuating the decommissioning plan or to the salvage value of the facility or its components.
The provisions of KRS 278.700, 278.704, 278.706, 278.708, and 278.710 shall[ be in addition to, and shall] not supplant, any other state or federal law, including the powers available to local governments under the provisions of home rule under KRS 67.080, 67.083, 67.850, 67.922, 67A.060, 67C.101, and 82.082.
The provisions of KRS 278.700, 278.704, 278.706, 278.708, and 278.710 shall[ be in addition to, and shall] not supplant, any other state or federal law, including the powers available to local governments under the provisions of CHAPTER 140 9 home rule under KRS 67.080, 67.083, 67.850, 67.922, 67A.060, 67C.101, and 82.082.
In addition to any other powers and duties vested in it by law, the cabinet shall have the Page 19 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO authority, power, and duty to:
In addition to any other powers and duties vested in it by law, the cabinet shall have the authority, power, and duty to:
(11) Conduct investigations and hold hearings and compel the attendance of witnesses Page 20 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO and the production of accounts, books, and records by the issuance of subpoenas;
(11) Conduct investigations and hold hearings and compel the attendance of witnesses and the production of accounts, books, and records by the issuance of subpoenas;
(19) Issue, continue in effect, revoke, modify, suspend, or deny under such conditions as the cabinet may prescribe and require that applications be accompanied by plans, specifications, and other information the cabinet deems necessary for the following permits:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (19) Issue, continue in effect, revoke, modify, suspend, or deny under such conditions as the cabinet may prescribe and require that applications be accompanied by plans, specifications, and other information the cabinet deems necessary for the following permits:
(a) Permits to discharge into any waters of the Commonwealth, and for the Page 21 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO installation, alteration, expansion, or operation of any sewage system;
(a) Permits to discharge into any waters of the Commonwealth, and for the installation, alteration, expansion, or operation of any sewage system;
(22) Require, by regulation, that any person engaged in any operation regulated pursuant to this chapter install, maintain, and use at such locations and intervals as the cabinet may prescribe any equipment, device, or test and the methodologies and Page 22 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO procedures for the use of the equipment, device, or test to monitor the nature and amount of any substance emitted or discharged into the ambient air or waters or land of the Commonwealth and to provide any information concerning the monitoring to the cabinet in accordance with the provisions of subsection (23) of this section;
(22) Require, by regulation, that any person engaged in any operation regulated pursuant to this chapter install, maintain, and use at such locations and intervals as the cabinet may prescribe any equipment, device, or test and the methodologies and procedures for the use of the equipment, device, or test to monitor the nature and amount of any substance emitted or discharged into the ambient air or waters or land of the Commonwealth and to provide any information concerning the monitoring to the cabinet in accordance with the provisions of subsection (23) of this section;
(c) A description of the sources of hazardous waste affecting the Commonwealth including the types and quantities of hazardous waste currently being generated and a projection of such activities as can be expected to continue Page 23 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO for not less than twenty (20) years into the future;
(c) A description of the sources of hazardous waste affecting the Commonwealth including the types and quantities of hazardous waste currently being generated and a projection of such activities as can be expected to continue for not less than twenty (20) years into the future;
The statewide waste management plans shall be developed consistent with state and federal laws relating to waste;
CHAPTER 140 11 The statewide waste management plans shall be developed consistent with state and federal laws relating to waste;
The account shall be known as the "sewage treatment system rehabilitation fund" and all moneys placed in the fund shall be used for the elimination of nuisances and hazards created by sewage systems which were improperly built, operated, or maintained, and insofar as practicable be used to correct the problems at the same site for which the bond or other sureties were Page 24 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO originally provided;
The account shall be known as the "sewage treatment system rehabilitation fund" and all moneys placed in the fund shall be used for the elimination of nuisances and hazards created by sewage systems which were improperly built, operated, or maintained, and insofar as practicable be used to correct the problems at the same site for which the bond or other sureties were originally provided;
(2) Any person who violates KRS 224.10-110(4) or (5), or KRS 224.40-100, 224.40- 305, or any provision of this chapter relating to noise, or who fails to perform any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the Page 25 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO sum of five thousand dollars ($5,000) for said violation and an additional civil penalty not to exceed five thousand dollars ($5,000) for each day during which such violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
(2) Any person who violates KRS 224.10-110(4) or (5), or KRS 224.40-100, 224.40-305, or any provision of this chapter relating to noise, or who fails to perform any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of five thousand dollars ($5,000) for said violation and an additional civil penalty not to exceed five thousand dollars ($5,000) for each day during which such violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
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(4) Any person who knowingly violates KRS 224.70-110, 224.73-120, 224.40-100, 224.20-110, 224.20-050, 224.40-305, or 224.10-110(2) or (3), or any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant to those sections which have become final, or who knowingly provides false information in any document filed or required to be maintained under this chapter, or who knowingly renders inaccurate any monitoring device or method, or who tampers with a water supply, water purification plant, or water distribution system so as to knowingly endanger human life, shall be guilty of a Class D felony, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment for a term of not less than one (1) year and not more than five (5) years, or by both fine and imprisonment, for each separate violation.
(4) Any person who knowingly violates KRS 224.70-110, 224.73-120, 224.40-100, 224.20-110, 224.20-050, 224.40-305, or 224.10-110(2) or (3), or any determination, permit, administrative regulation, or order of the cabinet promulgated pursuant to those sections which have become final, or who knowingly provides false information in any document filed or required to be maintained under this chapter, or who knowingly renders inaccurate any monitoring device or method, or who tampers with a water supply, water purification plant, or water distribution system so as to knowingly endanger human life, shall be guilty of a Class D felony, and upon conviction thereof, shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000), or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY by imprisonment for a term of not less than one (1) year and not more than five (5) years, or by both fine and imprisonment, for each separate violation.
(5) If any person engages in generation, treatment, storage, transportation, or disposal of hazardous waste in violation of the hazardous waste management provisions of this chapter or contrary to a permit, order, or rule issued or promulgated under this chapter, or fails to provide information or to meet reporting requirements required Page 26 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO by terms and conditions of a permit or administrative regulations promulgated pursuant to this chapter, the secretary may issue an order requiring compliance within a specified time period or may commence a civil action in a court of appropriate jurisdiction.
(5) If any person engages in generation, treatment, storage, transportation, or disposal of hazardous waste in violation of the hazardous waste management provisions of this chapter or contrary to a permit, order, or rule issued or promulgated under this chapter, or fails to provide information or to meet reporting requirements required by terms and conditions of a permit or administrative regulations promulgated pursuant to this chapter, the secretary may issue an order requiring compliance within a specified time period or may commence a civil action in a court of appropriate jurisdiction.
(8) Any person who violates any provision of this chapter to which no express penalty provision applies, except as provided in KRS 211.995, or who fails to perform any duties imposed by those sections, or who violates any determination or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of one thousand dollars ($1,000) for said violation and an additional civil penalty not to exceed one thousand dollars ($1,000) for each day during which the violation continues, and in addition, may be concurrently enjoined from any Page 27 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO violations as hereinafter provided in this section and KRS 224.99-020.
(8) Any person who violates any provision of this chapter to which no express penalty provision applies, except as provided in KRS 211.995, or who fails to perform any duties imposed by those sections, or who violates any determination or order of the cabinet promulgated pursuant thereto shall be liable for a civil penalty not to exceed the sum of one thousand dollars ($1,000) for said violation and an additional civil penalty not to exceed one thousand dollars ($1,000) for each day during which the violation continues, and in addition, may be concurrently enjoined from any violations as hereinafter provided in this section and KRS 224.99-020.
Each day a violation continues shall, for Page 28 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO purposes of this subsection, constitute a separate violation of provisions of this chapter relating to AHERA.
Each day a violation continues shall, for purposes of this subsection, constitute a separate violation of provisions of this chapter relating to AHERA.
(15) Any person who leases, rents, or sells a property that has been determined to be contaminated property under KRS 224.1-410(4) to a lessee, renter, or buyer without giving written notice that the property is a contaminated property pursuant to KRS 224.1-410(10) shall be guilty of a Class D felony.
CHAPTER 140 13 (15) Any person who leases, rents, or sells a property that has been determined to be contaminated property under KRS 224.1-410(4) to a lessee, renter, or buyer without giving written notice that the property is a contaminated property pursuant to KRS 224.1-410(10) shall be guilty of a Class D felony.
If after a final determination that the cabinet's order suspending Page 29 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO operations of the facility is valid, and the merchant electric generating facility fails to bring the facility back into compliance by paying all outstanding civil penalties or posting the bond or replacement bond within ninety (90) days of that final determination, the cabinet may order the decommissioning of the facility to commence.
If after a final determination that the cabinet's order suspending operations of the facility is valid, and the merchant electric generating facility fails to bring the facility back into compliance by paying all outstanding civil penalties or posting the bond or replacement bond within ninety (90) days of that final determination, the cabinet may order the decommissioning of the facility to commence.
(3) (a) There is hereby established in the State Treasury a restricted fund to be known as the merchant electric generating facility monitoring and enforcement fund, which shall be administered by the cabinet and shall consist of the fees collected under subsection (2) of this section and any moneys collected pursuant to enforcement actions taken by the cabinet in the course of performing its monitoring and enforcement responsibilities for Page 30 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden UNOFFICIAL COPY 23 RS HB 4/VO merchant electric generating facilities.
(3) (a) There is hereby established in the State Treasury a restricted fund to be known as the merchant electric generating facility monitoring and enforcement fund, which shall be administered by the cabinet and shall consist of the fees collected under subsection (2) of this section and any moneys collected pursuant to enforcement actions taken by the cabinet in the course of performing its monitoring and enforcement responsibilities for merchant electric generating facilities.
Any expenses or fees incurred by the cabinet’s hiring of the independent licensed engineer shall be paid by the owner- operator of the merchant electric generating facility.
Any expenses or fees incurred by the cabinet’s hiring of the independent licensed engineer shall be paid by the owner-operator of the merchant electric generating facility.
Page 31 of 31 HB000490.100 - 900 - XXXX 3/29/2023 4:19 PM Vetoed and Overriden
Veto Overridden March 30, 2023.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY
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Action History

  1. delivered to Secretary of State (Acts Ch. 140)

  2. enrolled, signed by President of the Senate

  3. enrolled, signed by Speaker of the House

  4. received in House

  5. passed 29 -6

  6. veto overridden

  7. posted for passage for consideration of Governor's veto

  8. to Rules (S)

  9. received in Senate

  10. passed 81-17

  11. veto overridden

  12. posted for passage for consideration of Governor's veto

  13. taken from Rules

  14. to Rules (H)

  15. received in House

  16. Vetoed

  17. delivered to Governor

  18. enrolled, signed by President of the Senate

  19. enrolled, signed by Speaker of the House

  20. passed 83-14

  21. House concurred in Senate Committee Substitute (1) and Floor Amendment (1)

  22. posted for passage for concurrence in Senate Committee Substitute (1) and Floor Amendment (1)

  23. taken from Rules

  24. to Rules (H)

  25. received in House

  26. 3rd reading, passed 25 -10 -1 with Committee Substitute (1) and Floor Amendment (1)

  27. posted for passage in the Regular Orders of the Day for Wednesday, March 15, 2023

  28. floor amendment (1) filed to Committee Substitute

  29. reported favorably, to Rules with Committee Substitute (1)

  30. returned to Agriculture (S)

  31. 2nd reading

  32. taken from Agriculture (S)

  33. returned to Agriculture (S)

  34. 1st reading

  35. taken from Agriculture (S)

  36. to Agriculture (S)

  37. to Committee on Committees (S)

  38. received in Senate

  39. 3rd reading, passed 99-0

  40. posted for passage in the Regular Orders of the Day for Thursday, February 23, 2023

  41. 2nd reading, to Rules

  42. reported favorably, 1st reading, to Calendar

  43. to Appropriations & Revenue (H)

  44. to Committee on Committees (H)

  45. introduced in House

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on · 19 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"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

Veto Override

Passed 81 Yea · 17 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 15401
Republican 65100
Democrat 11201
Total 811702
% of votes cast 81%17%0%2%
How each member voted (100)
Member Party Vote
Meredith — Yea
Smith — Yea
Bentley — Yea
Justice — Yea
Nemes — Yea
Thomas — Yea
Timoney — Yea
Bratcher S. — Yea
Pratt — Yea
Webber — Yea
Heath — Yea
Williams — Yea
Dixon — Yea
Palumbo — Nay
Raymond — Nay
Swann — Nay
Graham — Nay
Wilson — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Nay
Rachel Roarx Democrat Not Voting
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed 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 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 Nay
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman 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 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 Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall 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 Rawlings 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
William Lawrence Republican Yea

Official roll call →

Passed 29 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10400
Republican 19101
Democrat 0101
Total 29602
% of votes cast 78%16%0%5%
How each member voted (37)
Member Party Vote
Williams — Yea
Nemes — Yea
Schickel — Yea
Turner — Yea
Smith — Yea
Southworth — Yea
Westerfield — Yea
Meredith — Yea
Thayer — Yea
Wilson — Yea
ChambersArmstrong — Nay
Yates — Nay
Thomas — Nay
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Not Voting
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Not Voting
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Nay

Official roll call →

PASS HB 4 W/ scs1 sfa1

Passed 25 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 18201
Unaffiliated 7602
Democrat 0200
Total 251003
% of votes cast 66%26%0%8%
How each member voted (38)
Member Party Vote
Nemes — Yea
Turner — Yea
Smith — Yea
Westerfield — Yea
Meredith — Yea
Thayer — Yea
Wilson — Yea
Thomas — Nay
Williams — Nay
ChambersArmstrong — Nay
Yates — Nay
Schickel — Nay
Southworth — Not Voting
Southworth — Not Voting
Harper Angel — Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Nay
Julie Raque Adams Republican Not Voting
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Nay

Official roll call →

Final Passage

Passed 83 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 65001
Unaffiliated 17201
Democrat 11201
Total 831403
% of votes cast 83%14%0%3%
How each member voted (100)
Member Party Vote
Smith — Yea
Nemes — Yea
Bentley — Yea
Justice — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Bratcher S. — Yea
Webber — Yea
Heath — Yea
Williams — Yea
Wilson — Yea
Meredith — Yea
Dixon — Yea
Graham — Nay
Raymond — Nay
Swann — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Nay
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Nay
Chad Aull Democrat Nay
Daniel Grossberg Democrat Nay
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Nay
Lindsey Burke Democrat Nay
Lisa Willner Democrat Nay
Nima Kulkarni Democrat Nay
Pamela Stevenson Democrat Not Voting
Rachel Roarx Democrat Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Aaron Reed 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 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
James Tipton Republican Yea
Jared Bauman 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 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 Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Not Voting
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 Rawlings 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
William Lawrence Republican Yea

Official roll call →

Pass

Passed 99 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 14000
Republican 65001
Unaffiliated 20000
Total 99001
% of votes cast 99%0%0%1%
How each member voted (100)
Member Party Vote
Smith — Yea
Dixon — Yea
Nemes — Yea
Bentley — Yea
Swann — Yea
Palumbo — Yea
Justice — Yea
Thomas — Yea
Pratt — Yea
Timoney — Yea
Bratcher K. — Yea
Bratcher S. — Yea
Webber — Yea
Raymond — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Yea
Meredith — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed 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 Not Voting
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
James Tipton Republican Yea
Jared Bauman 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 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 Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall 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 Rawlings 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
William Lawrence Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 4 do?
Amend KRS 278.702 to provide that the terms of service for the ad hoc members of the Kentucky State Board on Electric Generation and Transmission Siting end when the merchant electric generating facility for which they were appointed has been constructed and has begun generating electricity for sale or its construction certificate expires; amend KRS 278.704 to lengthen the period of time that a construction certificate for a merchant electric generating facility is valid from 2 years to 3 years; include decommissioning requirements within the requirements over which local planning and zoning requirements shall have primacy; remove outdated language; amend KRS 278.706 to require that a decommissioning plan be included in an application for construction of a merchant electric generating facility; establish minimum requirements for a decommissioning plan; require as part of a decommission plan that a bond or similar security be secured to assure that the decommissioning plan is accomplished; establish requirements for how the bond is set and how the beneficiaries of the bond are to be determined; require that certain components of the decommissioning plan be incorporated into the construction certificate applicant's leases with landowners; amend KRS 278.708 to reference the transfer of the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet; amend KRS 278.710 to include whether the decommissioning plan is complete and complies with the requirements of the Act in the criteria for approval of a construction certificate for a merchant electric generating facility; require a person that has received a construction certificate for a merchant electric generating facility file with the Energy and Environment Cabinet the copy of the bond or similar security no later than the date that construction commences for the facility; require that an updated copy of the bond or similar security be refiled at least once every 5 years thereafter; require notice to be filed with the Energy and Environment Cabinet when the construction of the merchant electric generating facility is complete and has begun producing electricity for sale; require that notice be given of any transaction involving the sale or transfer of ownership of the facility to the Energy and Environment Cabinet and local officials within 10 days of finalizing the transaction; require a person who has acquired a merchant electric generating facility to file with the Energy and Environment Cabinet written consent to assume the obligations in the decommissioning plan for the facility and to adopt or replace the required decommissioning bond; provide that the transferor of control of a merchant electric generating facility remain liable for its decommissioning obligations until the transferee completes the documentation required by the Act and the secretary of the Energy and Environment cabinet accepts it as complete; provide that application approval conditions that require approval of transfer of control shall be void and unenforceable, subject to the requirements of the section; provide that after the application for a construction certificate for a merchant electric generating facility has been approved, the bond required by the Act has been posted, the facility has been constructed, and it has begun generating electricity for sale, the secretary of the Energy and Environment Cabinet shall ensure the facility's ongoing compliance with the requirements of KRS 278.700 to 278.716 and the conditions of its construction certificate approval, including updating its decommissioning plan and bond amounts at least once every 5 years; transfer the enforcement authority for mitigation measures that are conditions of application approval from the board to the Energy and Environment Cabinet once the facility is constructed and begins generating electricity for sale; require that while the electric merchant generating facility is operational, if solar panels are removed and discarded, the discarded solar panels be removed from the site within 90 days of the completion of the work; amend KRS 278.718 to provide that an ordinance, permit, or license issued by a local government shall have primacy over the requirements of KRS 278.700 and Sections 2, 3, and 4 of this Act; amend KRS 224.10-100 to authorize the Energy and Environment Cabinet to monitor and enforce compliance of merchant electric generating entities with the requirements of the Act; authorize the Energy and Environment Cabinet to draw upon a decommissioning bond or other similar security for which it is named a beneficiary to complete an approved decommissioning plan; amend KRS 224.99-010 to give jurisdiction to the Circuit Court in any county where a merchant electric generating facility is located for actions arising from or related to certain provisions of the Act; allow for a civil penalty not to exceed $2,500 per day to be imposed for violation of the bonding and bond transfer requirements in the Act; allow for the suspension of a merchant electric generating facility's operations for failing to pay civil penalties or complying with the bonding transfer requirements of the Act; allow for the decommissioning of the facility if it is still noncompliant after 90 days of suspension of its operation; create a new section of Subchapter 10 of KRS Chapter 224 to require that if a merchant electric facility fails to complete its decommissioning plan within 18 months of ceasing to produce electricity for sale, then the cabinet shall draw upon the decommissioning bond and implement the decommissioning plan; require the Energy and Environment Cabinet within 90 days of the effective date of the Act to promulgate administrative regulations to establish the monitoring and enforcement of the bonding and bond transfer requirements of the Act; allow the Energy and Environment Cabinet to establish a fee structure to cover the costs of its enforcement responsibilities; establish the merchant electric generating facility monitoring and enforcement fund to receive the fees and penalties collected by the Energy and Environment Cabinet pursuant to their monitoring and enforcement responsibilities under the Act; require that the funds collected only be used to defray the Energy and Environment Cabinet's costs related to their monitoring and enforcement responsibilities under the Act; require that all expenses for the determination of the bond amount and for the procurement of decommissioning services by the Energy and Environment be paid by the owner of the merchant electric generating facility; APPROPRIATION.
What is the current status of HB 4?
This bill has been enacted into law. Introduced February 10, 2023. Enacted.
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