Kentucky legislation · 2026 Regular Session
Kentucky HB398: AN ACT relating to decommissioning costs for electric generating units.
Status: Chaptered, April 12, 2026
Amend KRS 278.264 to provide that the Public Service Commission maintains its authority to approve a utility's right to record and seek, prior to retirement authorization, the recovery of any electric generating unit's decommissioning, removal and salvage costs, and depreciation expenses through rates over the unit's estimated depreciable life.
What the bill says
An act relating to decommissioning costs for electric generating units.
From the engrossed text:
AN ACT relating to decommissioning costs for electric generating units. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 278.264 is amended to read as follows: (1) Notwithstanding any provision of law to the contrary, the commission shall have the authority to approve or deny the retirement of an electric generating unit owned by a utility. Prior to retiring an electric generating unit, a utility shall apply to the commission for an order approving the retirement, and shall give the commission thirty (30) days' notice of the application. The application shall include a statement certifying the applicant's compliance with the requirements of KRS 164.2807. The commission shall enter an order approving, approving with conditions, or denying the application within one hundred eighty (180) days of receiving an administratively complete application. (2) There shall be a rebuttable presumption against the retirement of a fossil fuel-fired electric generating unit. Subject to the provisions of subsection (6) of this section, the commission shall not approve the retirement of an electric generating unit, authorize a surcharge for the decommissioning of the unit, or take any other action which authorizes or allows for the recovery of costs for the retirement of an electric generating unit, including any stranded asset recovery, unless the presumption created by this section is rebutted …
Sponsors
- Wade Williams (R, HD-004) · primary sponsor
Latest actions
- : became law without Governor's Signature (Acts Ch. 95)
- : filed without Governor's signature with the Secretary of State
- : delivered to Governor
- : enrolled, signed by President of the Senate
- : enrolled, signed by Speaker of the House
- : passed 81-14
- : House concurred in Committee Substitute (1)
- : posted for passage for concurrence in Senate Committee Substitute (1)
- : to Rules (H)
- : received in House
Votes
- House: Final Passage RCS# 373 (March 31, 2026): 81 yea, 14 nay, passed
- Senate: PASS HB 398 w/ SCS 1 (SCS 1) RSN# 4026 (March 26, 2026): 30 yea, 6 nay, passed
- House: Pass RCS# 46 (February 2, 2026): 78 yea, 15 nay, passed
Subjects: Oil And Natural Gas, Energy, Public Utilities, Boards And Commissions, Coal
Common questions
- What is HB398?
- HB398 is a bill in the Kentucky Legislature (2026 Regular Session): AN ACT relating to decommissioning costs for electric generating units.
- What does HB398 do?
- In its own words: An act relating to decommissioning costs for electric generating units.
- What is the status of HB398?
- Chaptered as of April 12, 2026. Latest action: became law without Governor's Signature (Acts Ch. 95) (April 12, 2026).
- Who sponsored HB398?
- Wade Williams (R, HD-004).
- Where is the official record for HB398?
- On the Kentucky Legislature website: https://apps.legislature.ky.gov/record/26rs/hb398.html
Source: official Kentucky record. Tracked by Delilah, AI for legislation across all 50 states and Congress.