HB 392 KY

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Passed Legislature

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; amend KRS 278.704 to 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requirements within the requirements over which local planning and zoning requirements shall have primacy; remove outdated language; amend KRS 278.706 to require that a decommissioning plan be included in an application for construction of a merchant electric generating facility;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 278.710 to include whether the decommissioning plan 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 board 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 five years thereafter; require notice to be filed with the board 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 board and local officials within five days of finalizing the transaction; require a person who has acquired a merchant electric generating facility to file with the board written consent to assume the obligations in the decommissioning plan for the facility and to adopt or replace the required decommissioning bond; 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.

• J. Branscum Republican · primary
• J. Bray Republican · primary
• R. Bridges Republican · primary
• R. Dotson Republican · primary
• D. Fister Republican · primary
• D. Frazier Gordon · primary
• R. Heath · primary
• S. Heavrin Republican · primary
• M. Koch Republican · primary
• W. Lawrence Republican · primary
• B. McCool Republican · primary
• S. McPherson Republican · primary
• D. Meade Republican · primary
• M. Meredith Republican · primary
• J. Miller · primary
• P. Pratt · primary
• B. Reed · primary
• B. Rowland · primary
• S. Rudy Republican · primary
• S. Santoro · primary
• J. Tipton Republican · primary
• K. Upchurch Republican · primary

1. Jan 28, 2022 introduced in House · lower
2. Jan 28, 2022 to Committee on Committees (H) · lower
3. Feb 1, 2022 to Local Government (H) · lower
4. Feb 2, 2022 reported favorably, 1st reading, to Calendar · lower
5. Feb 3, 2022 2nd reading, to Rules · lower
6. Feb 3, 2022 posted for passage in the Regular Orders of the Day for Monday, February 07, 2022 · lower
7. Feb 7, 2022 floor amendment (1) filed · lower
8. Feb 7, 2022 3rd reading, passed 91-3 · lower
9. Feb 7, 2022 received in Senate · upper
10. Feb 7, 2022 to Committee on Committees (S) · upper
11. Feb 9, 2022 to Natural Resources & Energy (S) · upper
12. Mar 7, 2022 taken from Natural Resources & Energy (S) · upper
13. Mar 7, 2022 1st reading · lower
14. Mar 7, 2022 returned to Natural Resources & Energy (S) · upper
15. Mar 8, 2022 taken from Natural Resources & Energy (S) · upper
16. Mar 8, 2022 2nd reading · lower
17. Mar 8, 2022 returned to Natural Resources & Energy (S) · upper
18. Mar 8, 2022 floor amendments (1), (2), (3) and (4) filed · lower
19. Mar 9, 2022 reported favorably, to Rules with Committee Substitute (1) and Committee Amendment (1-title) · lower
20. Mar 9, 2022 posted for passage in the Regular Orders of the Day for Wednesday, March 09, 2022 · lower
21. Mar 9, 2022 passed over and retained in the Orders of the Day · lower
22. Mar 10, 2022 passed over and retained in the Orders of the Day · lower
23. Mar 11, 2022 passed over and retained in the Orders of the Day · lower
24. Mar 14, 2022 3rd reading · lower
25. Mar 14, 2022 floor amendments (1), (2), (3), (4) withdrawn · lower
26. Mar 14, 2022 passed 28-6 with Committee Substitute (1) and Committee Amendment (1-title) · lower
27. Mar 14, 2022 received in House · lower
28. Mar 14, 2022 to Rules (H) · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Current/Final · PDF
• Introduced · PDF