Kentucky 2024 Regular Session Status: Enacted 9 R cosponsors

SB 349 — AN ACT relating to energy policy and declaring an emergency.

Last action — delivered to Secretary of State (Acts Ch. 172)

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

This bill has been enacted into law. Introduced February 28, 2024. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 12, 2024.

Odds of enactment

High chance

Based 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

Likely to advance 66% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 R).

  • Mixed recorded votes

    4 passed, 1 failed in 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 a new section of KRS Chapter 164 to make findings and declarations; define terms; establish the Energy Planning and Inventory Commission and administratively attach it to the University of Kentucky Center for Applied Energy Research (UK CAER); provide for membership of the commission board and executive committee; provide for gubernatorial appointments of members of the commission board and executive committee and require Senate confirmation of those appointments; require the election of two of the executive committee members by the commission board from the board membership; provide for commission and executive committee terms; prohibit the compensation of members; make members subject to the requirements of the executive branch code of ethics; provide for the election of the commission chair and vice chair; allow the executive committee to adopt bylaws governing the conduct of the commission's business; prohibit any direct financial relationship between a member of the executive committee and a utility; prohibit a member from serving if it would cause a conflict with or result in the disclosure of confidential information relating to any research projects at the UK CAER; require recusal and replacement of an executive committee member to prevent the disclosure of confidential information; prohibit the Governor from reorganizing the commission or executive committee; allow the commission to employ an executive director, subject to confirmation by the Senate; provide for the duties of the commission, which shall include the examination and study of energy generation related topics and review of the decommissioning notices given by utilities as required by the Act; require the commission to submit annual reports on December 1 to the Legislative Research Commission, the Governor, and the Public Service Commission to make recommendations based on the issues that the commission has examined; require any utility seeking to decommission, demolish, or retire any existing coal, oil, or natural gas-fired electric generating plant to give notice to the executive committee no later than 365 days before submitting a retirement application to the Public Service Commission as required under KRS 278.264; provide for the requirements of the notice; prohibit the disclosure of confidential information as part of the notice; require that within 180 days of receiving a notice, the commission shall hold a public hearing in the county where the retirement is proposed to occur; require that within 270 days of receiving notice and after the public hearing has occurred, the executive committee submit a final report with written findings and recommendations regarding the retirement to the Public Service Commission; provide for the contents of the written findings and for the accommodation of dissenting findings with the executive committee members; require the Public Service Commission to consider the findings of the report before approving a retirement under KRS 278.264; require that the executive committee or executive director, if authorized by the executive committee, to have standing to intervene in any case or proceeding before the Public Service Commission; allow the executive committee to employ administrative staff or third-party consultants if funding is available; require that the commission cease to exist on December 31, 2035; create a new section of KRS 278.010 to 278.450 to require the Public Service Commission to issue final orders within six months of the filing of an application by a utility; amend KRS 278.110 to require final reports of investigations or special inquiries to be filed within the public record for the case for which it was prepared; require the contracted person to be subject to written information requests and cross-examination in any public hearing for the case in which the report was prepared; amend KRS 278.264 to require that an application for the retirement of an electric generating unit include a statement certifying compliance with the requirements of Section 1 of this Act; require the Public Service Commission to find that a utility seeking to retire an electric generating unit will replace it with new electric generating capacity that has the same or higher capacity value and net capability, unless the utility can demonstrate that it is not necessary and to find that utility shall not commence the retirement until the replacement generating capacity is fully constructed, permitted, and in operation; define "dispatchable" and "intermittent"; provide for the staggering of initial appointments to the Energy Planning and Inventory Commission; EMERGENCY.

Bill Text

What changed in the latest version

405 added · 568 removed

405 line(s) added, 568 removed.

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UNOFFICIAL COPY 24 RS SB 349/VO AN ACT relating to energy policy and declaring an emergency.
CHAPTER 172 1 CHAPTER 172 ( SB 349 ) AN ACT relating to energy policy and declaring an emergency.
Page 1 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO (h) Existing state and federal policies with respect to energy do not adequately address the concerns of the General Assembly or citizens of the Commonwealth such that a comprehensive Kentucky energy policy is required;
(h) Existing state and federal policies with respect to energy do not adequately address the concerns of the General Assembly or citizens of the Commonwealth such that a comprehensive Kentucky energy policy is required;
(o) Local economic development requires an adequate supply of electricity to Page 2 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO support new and expanding industries and is enhanced by robust employment in coal mining and coal transportation and at electric generating facilities, the local job multiplier effect of employment in the coal, natural gas, and electric generating industries, and state and local taxes and other forms of economic value creation for the Commonwealth;
(o) Local economic development requires an adequate supply of electricity to support new and expanding industries and is enhanced by robust employment in coal mining and coal transportation and at electric generating facilities, the local job multiplier effect of employment in the coal, natural Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY gas, and electric generating industries, and state and local taxes and other forms of economic value creation for the Commonwealth;
A source of electric power that generates energy by harnessing wind Page 3 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO power or energy, whether through a turbine or other device;
A source of electric power that generates energy by harnessing wind power or energy, whether through a turbine or other device;
Except for the state government Page 4 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO officials and the ex officio nonvoting commission board members appointed by the President of the Senate and the Speaker of the House of Representatives, each member of the commission board shall be appointed by the Governor and confirmed by the Senate as set forth in this subsection.
Except for the state government officials and the ex officio nonvoting commission board members appointed by the President of the Senate and the Speaker of the House of Representatives, each member of the commission board shall be appointed by the Governor and confirmed by the Senate as set forth in this subsection.
4.
CHAPTER 172 3 4.
One (1) member representing the interests of businesses or entities engaged in activities related to the mining, milling, conversion, enrichment, or fabrication of nuclear fuel or involved in the Page 5 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO remediation of past enrichment of nuclear fuels in the Commonwealth;
One (1) member representing the interests of businesses or entities engaged in activities related to the mining, milling, conversion, enrichment, or fabrication of nuclear fuel or involved in the remediation of past enrichment of nuclear fuels in the Commonwealth;
Page 6 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO 3.
3.
Legislative members shall serve during the terms of their elected positions in the General Assembly, and executive branch members shall serve during the appointed terms of their state government positions.
Legislative members shall serve during the terms of their elected positions Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY in the General Assembly, and executive branch members shall serve during the appointed terms of their state government positions.
Members appointed by the Governor shall not Page 7 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO be full-time employees of the Commonwealth as defined in KRS 18A.005, and shall not be compensated for their service on the board, but they shall be subject to the requirements of the executive branch code of ethics established under KRS Chapter 11A.
Members appointed by the Governor shall not be full-time employees of the Commonwealth as defined in KRS 18A.005, and shall not be compensated for their service on the board, but they shall be subject to the requirements of the executive branch code of ethics established under KRS Chapter 11A.
(j) A majority of the executive committee shall constitute a quorum, and the Page 8 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO affirmative vote of the majority of the members present during a meeting is necessary for any action taken by vote of the executive committee.
(j) A majority of the executive committee shall constitute a quorum, and the affirmative vote of the majority of the members present during a meeting is necessary for any action taken by vote of the executive committee.
The adequacy of the Commonwealth's existing and anticipated future electric generation and transmission resources and the existing and Page 9 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO anticipated future electric demand;
The adequacy of the Commonwealth's existing and anticipated future electric generation and transmission resources and the existing and anticipated future electric demand;
3.
CHAPTER 172 5 3.
Whether the Commonwealth’s energy resources are sufficiently dispatchable to ensure against loss of electrical power supply in the event of extreme weather or other unexpected or catastrophic events that may challenge the ability of the Commonwealth’s electrical grid Page 10 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO to meet demand;
Whether the Commonwealth’s energy resources are sufficiently dispatchable to ensure against loss of electrical power supply in the event of extreme weather or other unexpected or catastrophic events that may challenge the ability of the Commonwealth’s electrical grid to meet demand;
Page 11 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO 2.
2.
(e) Within ninety (90) days of its receipt of the notice required by this section, the commission shall hold a public hearing in the county in which the retirement is proposed to occur in order to receive public comments on the proposed activity.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) Within ninety (90) days of its receipt of the notice required by this section, the commission shall hold a public hearing in the county in which the retirement is proposed to occur in order to receive public comments on the proposed activity.
The impact of the proposed activity on the available supply of Page 12 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO dispatchable and reliable power within the Commonwealth, including the ability of the Commonwealth to meet future demand growth or respond to extreme weather events;
The impact of the proposed activity on the available supply of dispatchable and reliable power within the Commonwealth, including the ability of the Commonwealth to meet future demand growth or respond to extreme weather events;
Each written statement shall be included in the report and transmitted along with the Page 13 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO report to the Public Service Commission.
Each written statement shall be included in the report and transmitted along with the report to the Public Service Commission.
(9) Subject to available funding, the executive committee may employ administrative Page 14 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO staff or third-party consultants with expertise in the subject matter of any study, examination, or review undertaken by the commission to assist in carrying out the commission’s functions under this section.
(9) Subject to available funding, the executive committee may employ administrative staff or third-party consultants with expertise in the subject matter of any study, examination, or review undertaken by the commission to assist in carrying out the commission’s functions under this section.
SECTION 2.
CHAPTER 172 7 SECTION 2.
(2) (a) When the commission contracts for the services of a person in a professional or scientific capacity to conduct a hearing, temporary special inquiry, investigation, or examination, any nonprivileged final report or Page 15 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO recommendation prepared in fulfillment of the contract shall be filed within the record for the case for which the final report or recommendation was prepared at the same time it is provided to the commission.
(2) (a) When the commission contracts for the services of a person in a professional or scientific capacity to conduct a hearing, temporary special inquiry, investigation, or examination, any nonprivileged final report or recommendation prepared in fulfillment of the contract shall be filed within the record for the case for which the final report or recommendation was prepared at the same time it is provided to the commission.
Additionally, the contracted person shall be available for cross-examination as a witness in the case for which the final report or recommendation was prepared and filed at any public hearing held by the commission pursuant to the rules it has adopted.
Additionally, the contracted person shall be available for cross- examination as a witness in the case for which the final report or recommendation was prepared and filed at any public hearing held by the commission pursuant to the rules it has adopted.
Page 16 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO (a) The utility will replace the retired electric generating unit with new electric generating capacity that:
(a) The utility will replace the retired electric generating unit with new electric generating capacity that:
(b) The retirement will not harm the utility's ratepayers by causing the utility to incur any net incremental costs to be recovered from ratepayers that could be avoided by continuing to operate the electric generating unit proposed for retirement in compliance with applicable law;[ and] (c) The decision to retire the fossil fuel-fired electric generating unit is not the result of any financial incentives or benefits offered by any federal agency;
(b) The retirement will not harm the utility's ratepayers by causing the utility to incur any net incremental costs to be recovered from ratepayers that could be avoided by continuing to operate the electric generating unit proposed for retirement in compliance with applicable law;[ and] Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) The decision to retire the fossil fuel-fired electric generating unit is not the result of any financial incentives or benefits offered by any federal agency;
(3) The utility shall at a minimum provide the commission with evidence of all known direct and indirect costs of retiring the electric generating unit and demonstrate that Page 17 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO cost savings will result to customers as a result of the retirement of the electric generating unit.
(3) The utility shall at a minimum provide the commission with evidence of all known direct and indirect costs of retiring the electric generating unit and demonstrate that cost savings will result to customers as a result of the retirement of the electric generating unit.
A source of electric power generation from a solar photovoltaic, solar thermal heating, concentrating solar thermal collector, or other solar Page 18 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden UNOFFICIAL COPY 24 RS SB 349/VO energy collection or generation system;
A source of electric power generation from a solar photovoltaic, solar thermal heating, concentrating solar thermal collector, or other solar energy collection or generation system;
Page 19 of 19 SB034990.100 - 2112 - XXXX 4/12/2024 4:01 PM Vetoed and Overridden
CHAPTER 172 9 Veto Overridden April 12, 2024.
Legislative Research Commission PDF Version
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Action History

  1. delivered to Secretary of State (Acts Ch. 172)

  2. enrolled, signed by Speaker of the House

  3. enrolled, signed by President of the Senate

  4. received in Senate

  5. passed 61-36

  6. veto overridden

  7. taken from Rules

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

  9. to Rules (H)

  10. received in House

  11. passed 27-11

  12. veto overridden

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

  14. to Rules (S)

  15. received in Senate

  16. Vetoed

  17. delivered to Governor

  18. enrolled, signed by Speaker of the House

  19. enrolled, signed by President of the Senate

  20. received in Senate

  21. passed 57-37

  22. Floor Amendments (1), (2) and (3) defeated

  23. 3rd reading

  24. floor amendment (3) filed

  25. posted for passage in the Regular Orders of the Day for Wednesday, March 27, 2024

  26. floor amendment (2) filed

  27. floor amendment (1) filed

  28. reported favorably, to Rules

  29. returned to Natural Resources & Energy (H)

  30. 2nd reading

  31. taken from Natural Resources & Energy (H)

  32. to Natural Resources & Energy (H)

  33. returned to Committee on Committees (H)

  34. 1st reading

  35. taken from Committee on Committees (H)

  36. to Committee on Committees (H)

  37. received in House

  38. 3rd reading, passed 28-9-1 with Committee Substitute (1) and Floor Amendment (1)

  39. passed over and retained in the Orders of the Day

  40. floor amendment (1) filed to Committee Substitute

  41. passed over and retained in the Orders of the Day

  42. posted for passage in the Regular Orders of the Day for Friday, March 08, 2024

  43. 2nd reading, to Rules

  44. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  45. to Natural Resources & Energy (S)

  46. to Committee on Committees (S)

  47. introduced in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

10 sponsors · 0 co-sponsors · 128 not signed on · 83 voted No

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (128)

128 members have not signed on to this bill.

Show all 128 →

"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 SB 349

Passed 27 Yea · 11 Nay
Party YeaNayPresentNot Voting
Republican 24400
Unaffiliated 3400
Democrat 0300
Total 271100
% of votes cast 71%29%0%0%
How each member voted (38)
Member Party Vote
Westerfield — Yea
Thayer — Yea
Turner — Yea
Schickel — Nay
Yates — Nay
Southworth — Nay
Harper Angel — Nay
Cassie Chambers Armstrong Democrat Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Nay
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 Nay
Lindsey Tichenor 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
Shelley Funke Frommeyer Republican Nay
Stephen West Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Nay

Official roll call →

Veto Override

Passed 61 Yea · 36 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 551602
Unaffiliated 5601
Democrat 11400
Total 613603
% of votes cast 61%36%0%3%
How each member voted (100)
Member Party Vote
Bentley — Yea
Timoney — Yea
Pratt — Yea
Dixon — Yea
Heath — Yea
Gilbert — Nay
Graham — Nay
Palumbo — Nay
Raymond — Nay
Justice — Not Voting
Bratcher K. — Nay
Stevenson C — Nay
Adrielle Camuel Democrat Nay
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 Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Nay
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Not Voting
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 Nay
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 Nay
Ken Fleming Republican Nay
Ken Upchurch Republican Yea
Kevin Jackson Republican Nay
Kim Banta Republican Nay
Kim King Republican Yea
Kimberly Poore Moser Republican Nay
Marianne Proctor Republican Nay
Mark Hart Republican Nay
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 Nay
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 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 Nay
Steve Bratcher Republican Yea
Steve Rawlings Republican Nay
Steve Riley Republican Not Voting
Steven Doan Republican Nay
Steven Rudy Republican Yea
Susan Witten Republican Nay
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

Adopt

Failed 21 Yea · 49 Nay · 32 Other
Party YeaNayPresentNot Voting
Democrat 14001
Unaffiliated 5603
Republican 243028
Total 2149032
% of votes cast 21%48%0%31%
How each member voted (102)
Member Party Vote
Graham — Yea
Palumbo — Yea
Raymond — Yea
Gilbert — Yea
Bentley — Nay
Heath — Nay
Timoney — Nay
Justice — Nay
Pratt — Nay
Dixon — Nay
Commonwealth of Kentucky — Not Voting
House of Representatives — Not Voting
Bratcher K. — Not Voting
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
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
Adam Bowling Republican Nay
Amy Neighbors Republican Nay
Bill Wesley Republican Nay
Bobby McCool Republican Not Voting
Candy Massaroni Republican Not Voting
Chris Freeland Republican Nay
Chris Fugate Republican Nay
DJ Johnson Republican Not Voting
Daniel Elliott Republican Not Voting
Daniel Fister Republican Nay
David Hale Republican Nay
David Meade Republican Nay
David W. Osborne Republican Nay
Deanna Gordon Republican Nay
Derek Lewis Republican Nay
Emily Callaway Republican Not Voting
Felicia Rabourn Republican Nay
James Tipton Republican Nay
Jared Bauman Republican Not Voting
Jason Nemes Republican Not Voting
Jason Petrie Republican Not Voting
Jennifer Decker Republican Nay
Jim Gooch Jr. Republican Nay
John Blanton Republican Not Voting
John Hodgson Republican Nay
Josh Branscum Republican Nay
Josh Bray Republican Nay
Josh Calloway Republican Not Voting
Ken Fleming Republican Not Voting
Ken Upchurch Republican Nay
Kevin Jackson Republican Not Voting
Kim Banta Republican Yea
Kim King Republican Nay
Kimberly Poore Moser Republican Not Voting
Marianne Proctor Republican Not Voting
Mark Hart Republican Not Voting
Mary Beth Imes Republican Nay
Matt Lockett Republican Not Voting
Matthew Koch Republican Nay
Michael Meredith Republican Not Voting
Michael Sarge Pollock Republican Not Voting
Mike Clines Republican Not Voting
Myron Dossett Republican Nay
Nancy Tate Republican Nay
Nick Wilson Republican Nay
Patrick Flannery Republican Nay
Peyton Griffee Republican Nay
Randy Bridges Republican Nay
Rebecca Raymer Republican Nay
Richard White Republican Not Voting
Robert Duvall Republican Nay
Ryan Dotson Republican Nay
Samara Heavrin Republican Not Voting
Savannah Maddox Republican Not Voting
Scott Lewis Republican Not Voting
Scott Sharp Republican Nay
Shane Baker Republican Not Voting
Shawn McPherson Republican Nay
Stephanie Dietz Republican Nay
Steve Bratcher Republican Nay
Steve Rawlings Republican Not Voting
Steve Riley Republican Nay
Steven Doan Republican Not Voting
Steven Rudy Republican Nay
Susan Witten Republican Not Voting
Suzanne Miles Republican Nay
T.J. Roberts Republican Yea
Thomas Huff Republican Nay
Timmy Truett Republican Nay
Tom Smith Republican Nay
Wade Williams Republican Nay
Walker Thomas Republican Not Voting
William Lawrence Republican Nay

Official roll call →

Final Passage

Passed 57 Yea · 37 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 511606
Unaffiliated 5700
Democrat 11400
Total 573706
% of votes cast 57%37%0%6%
How each member voted (100)
Member Party Vote
Justice — Yea
Timoney — Yea
Pratt — Yea
Dixon — Yea
Heath — Yea
Gilbert — Nay
Graham — Nay
Bentley — Nay
Palumbo — Nay
Raymond — Nay
Bratcher K. — Nay
Stevenson C — Nay
Adrielle Camuel Democrat Nay
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 Nay
Sarah Stalker Democrat Nay
Tina Bojanowski Democrat Nay
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Nay
Felicia Rabourn Republican Not Voting
James Tipton Republican Yea
Jared Bauman Republican Nay
Jason Nemes Republican Nay
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 Nay
Ken Fleming Republican Nay
Ken Upchurch Republican Yea
Kevin Jackson Republican Nay
Kim Banta Republican Nay
Kim King Republican Yea
Kimberly Poore Moser Republican Nay
Marianne Proctor Republican Nay
Mark Hart Republican Nay
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 Nay
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 Dotson Republican Yea
Samara Heavrin Republican Not Voting
Savannah Maddox Republican Not Voting
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Nay
Steve Bratcher Republican Yea
Steve Rawlings Republican Nay
Steve Riley Republican Yea
Steven Doan Republican Nay
Steven Rudy Republican Yea
Susan Witten Republican Nay
Suzanne Miles Republican Yea
T.J. Roberts Republican Nay
Thomas Huff Republican Yea
Timmy Truett Republican Not Voting
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 349 W/ scs1 sfa1

Passed 28 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 24400
Unaffiliated 4202
Democrat 0300
Total 28902
% of votes cast 72%23%0%5%
How each member voted (39)
Member Party Vote
Schickel — Yea
Westerfield — Yea
Thayer — Yea
Turner — Yea
Yates — Nay
Southworth — Not Voting
Southworth — Not Voting
Harper Angel — Nay
Cassie Chambers Armstrong Democrat Nay
Gerald A. Neal Democrat Nay
Karen Berg Democrat Nay
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Nay
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 Nay
Lindsey Tichenor 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
Shelley Funke Frommeyer Republican Nay
Stephen West Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Nay

Official roll call →

Subjects

energy
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Frequently asked questions

What does SB 349 do?
Create a new section of KRS Chapter 164 to make findings and declarations; define terms; establish the Energy Planning and Inventory Commission and administratively attach it to the University of Kentucky Center for Applied Energy Research (UK CAER); provide for membership of the commission board and executive committee; provide for gubernatorial appointments of members of the commission board and executive committee and require Senate confirmation of those appointments; require the election of two of the executive committee members by the commission board from the board membership; provide for commission and executive committee terms; prohibit the compensation of members; make members subject to the requirements of the executive branch code of ethics; provide for the election of the commission chair and vice chair; allow the executive committee to adopt bylaws governing the conduct of the commission's business; prohibit any direct financial relationship between a member of the executive committee and a utility; prohibit a member from serving if it would cause a conflict with or result in the disclosure of confidential information relating to any research projects at the UK CAER; require recusal and replacement of an executive committee member to prevent the disclosure of confidential information; prohibit the Governor from reorganizing the commission or executive committee; allow the commission to employ an executive director, subject to confirmation by the Senate; provide for the duties of the commission, which shall include the examination and study of energy generation related topics and review of the decommissioning notices given by utilities as required by the Act; require the commission to submit annual reports on December 1 to the Legislative Research Commission, the Governor, and the Public Service Commission to make recommendations based on the issues that the commission has examined; require any utility seeking to decommission, demolish, or retire any existing coal, oil, or natural gas-fired electric generating plant to give notice to the executive committee no later than 365 days before submitting a retirement application to the Public Service Commission as required under KRS 278.264; provide for the requirements of the notice; prohibit the disclosure of confidential information as part of the notice; require that within 180 days of receiving a notice, the commission shall hold a public hearing in the county where the retirement is proposed to occur; require that within 270 days of receiving notice and after the public hearing has occurred, the executive committee submit a final report with written findings and recommendations regarding the retirement to the Public Service Commission; provide for the contents of the written findings and for the accommodation of dissenting findings with the executive committee members; require the Public Service Commission to consider the findings of the report before approving a retirement under KRS 278.264; require that the executive committee or executive director, if authorized by the executive committee, to have standing to intervene in any case or proceeding before the Public Service Commission; allow the executive committee to employ administrative staff or third-party consultants if funding is available; require that the commission cease to exist on December 31, 2035; create a new section of KRS 278.010 to 278.450 to require the Public Service Commission to issue final orders within six months of the filing of an application by a utility; amend KRS 278.110 to require final reports of investigations or special inquiries to be filed within the public record for the case for which it was prepared; require the contracted person to be subject to written information requests and cross-examination in any public hearing for the case in which the report was prepared; amend KRS 278.264 to require that an application for the retirement of an electric generating unit include a statement certifying compliance with the requirements of Section 1 of this Act; require the Public Service Commission to find that a utility seeking to retire an electric generating unit will replace it with new electric generating capacity that has the same or higher capacity value and net capability, unless the utility can demonstrate that it is not necessary and to find that utility shall not commence the retirement until the replacement generating capacity is fully constructed, permitted, and in operation; define "dispatchable" and "intermittent"; provide for the staggering of initial appointments to the Energy Planning and Inventory Commission; EMERGENCY.
Who sponsors SB 349?
SB 349 is sponsored by Robby Mills (Republican), Robert Stivers (Republican), Jared Carpenter (Republican), Danny Carroll (Republican), Greg Elkins (Republican), Lindsey Tichenor (Republican), J. Turner, Stephen West (Republican), Phillip Wheeler (Republican), and Max Wise (Republican).
What is the current status of SB 349?
This bill has been enacted into law. Introduced February 28, 2024. Enacted.
Where can I track SB 349?
Track SB 349 free on One Click Politics — get push/email alerts when it moves.

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