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HB 398KENTUCKYSession 2026RSState BillBecame law without the governor's signature

Enacted

Kentucky restricts electric utility retirement of fossil fuel plants and requires replacement power safeguards

Original title: AN ACT relating to decommissioning costs for electric generating units.

Last action · April 12, 2026: became law without Governor's Signature (Acts Ch. 95)Sponsor: Wade Williams

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Does

Kentucky law establishes a rebuttable presumption against retiring fossil fuel-fired electric generating units and empowers the public service commission to approve or deny utility retirement requests within 180 days. Utilities must provide 30 days' notice, certify compliance with education statutes, and prove replacement capacity is fully operational before decommissioning, unless an earlier shutdown is necessary.

Why it matters

Utility customers and electric providers face stricter regulatory hurdles and cost-recovery restrictions when closing power plants, impacting grid reliability standards and electricity rate structures across the Commonwealth.

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Electric utilities

Electric utilities must comply with new evidentiary burdens, 30-day notice rules, and operational restrictions before retiring generating units.

Directly affected

Utility ratepayers

Ratepayers are protected from incurring avoidable net incremental costs and stranded asset recovery charges unless specific statutory criteria are met.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What must a utility prove before retiring a fossil fuel power plant?

The utility must prove that the retirement will not harm ratepayers with avoidable net costs, that the decision is not driven by federal financial incentives, and that replacement capacity is , maintains grid reliability, and is fully operational before decommissioning begins.

How long does the commission have to review a utility's retirement application?

The commission must issue an order approving, conditionally approving, or denying the application within 180 days of receiving an administratively complete application.

What else do you want to know?

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Where This Stands

Current status: Became law without the governor's signature.

Procedural history

14 actions

Apr 12, 2026HouseEnrolled
became law without Governor's Signature (Acts Ch. 95)
Apr 10, 2026House
filed without Governor's signature with the Secretary of State
Mar 31, 2026HouseEnrolled
posted for passage for concurrence in Senate Committee Substitute (1) House concurred in Committee Substitute (1) passed 81-14 enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor
Mar 27, 2026HouseCommittee
received in House to Rules (H)
Mar 26, 2026HouseFloor
3rd reading, passed 30-6 with Committee Substitute (1)
Mar 25, 2026HouseFloor
reported favorably, 2nd reading, to Rules with Committee Substitute (1) posted for passage in the Regular Orders of the Day for Thursday, March 26 2026

Show 8 earlier actions

Mar 24, 2026SenateCommittee
taken from Natural Resources & Energy (S) 1st reading returned to Natural Resources & Energy (S)
Mar 20, 2026SenateCommittee
to Natural Resources & Energy (S)
Feb 3, 2026SenateIntroduced
received in Senate to Committee on Committees (S)
Feb 2, 2026HouseFloor
3rd reading, passed 78-15
Jan 30, 2026HouseFloor
2nd reading, to Rules posted for passage in the Regular Orders of the Day for Monday, February 02 2026
Jan 29, 2026House
reported favorably, 1st reading, to Calendar
Jan 23, 2026HouseCommittee
to Natural Resources & Energy (H)
Jan 15, 2026HouseIntroduced
introduced in House to Committee on Committees (H)

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Connected Entities

Legislative Research Commission, General Assembly

OrganizationLegislative Research Commission“Recipient of the commission's annual report”Map →

OrganizationGeneral Assembly“Legislative body enacting the measure”Map →

Sources

Open source document

apps.legislature.ky.gov

Analysis Score

0–100

Significance85
How much this matters to a regular citizen
Controversy75
Intensity of disagreement among stakeholders
Entertainment10
Compellingness for a non-policy-wonk reader
Buzz40
Current news / social attention level

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