HB 790 Kentucky House · 2025 Regular Session

AN ACT relating to solar merchant electric generating facilities.

Summary
Amend KRS 278.704 to prohibit the Kentucky State Board on Electric Generation and Transmission Siting from granting a setback deviation for an application for a solar merchant electric generating facility made after January 1, 2026, that would allow the facility to be located within 350 feet of an adjoining property owner unless consented to in writing and approved by the legislative body of the local government where the adjoining property is located; establish requirements for the application of the minimum setback requirements for solar merchant electric generating facilities; amend KRS 278.710 to require a construction certificate holder for a solar merchant electric generating facility to file a report with the Energy and Environment Cabinet detailing all federal and state incentives utilized by the construction certificate holder relating to the siting, construction, and operation of the facility; require the Energy and Environment Cabinet to compile an annual report from the incentive disclosures it receives and to submit the report to the Legislative Research Commission on or before December 1 each year.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
House Passage
Mar 2025
Senate Passage
Governor
Introduced Feb 19, 2025 Last action Mar 12, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Current/Final · 6 edits
MODERATE
The bill was amended to change the section number from 278.704 to 278.710 and completely restructured the requirements for solar merchant electric generating facilities. The new version replaces detailed setback distance rules with a board-approved criteria list for evaluating applications, adds specific requirements for facilities on former coal processing sites, and introduces new reporting obligations for construction certificates.
Scope change
The bill now applies to all merchant electric generating facilities under the new section 278.710 rather than the previous 278.704, with specific provisions added for solar facilities on former coal processing plant sites.
REQUIREMENT

Changed the section number from KRS 278.704 to KRS 278.710 for the construction certificate requirements.

Replaced specific setback distance requirements with a list of criteria the board must use to evaluate construction certificate applications.

Added special provisions for facilities located on former coal processing plants that use on-site waste coal as fuel, requiring compliance with specific setback rules.

Added new reporting requirements for construction certificate holders to file bond copies, construction completion notices, and incentive reports with the Energy and Environment Cabinet.

Added requirements for public meetings when transferring rights and obligations under construction certificates.

TIMELINE

Changed the construction certificate validity period from three years to a 120-day or 180-day decision timeline for applications.

Floor votes · House Mar 12, 2025

How they voted

1010
Passed · 3 other
Total votes 104
Mar 12, 2025
D Democratic21
20 Yea 1
95% Yea
R Republican83
81 Yea 2
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
11
Key actions
2
Committee
4
Mar 12, 2025
Committee
to Committee on Committees (S)
upper
Mar 12, 2025
Lower · Passed
3rd reading, passed 97-0 with Committee Substitute (1)
lower
Mar 6, 2025
Lower · Passed
reported favorably, 2nd reading, to Rules with Committee Substitute (1)
lower
Feb 26, 2025
Committee
to Natural Resources & Energy (H)
lower
Feb 19, 2025
Committee
to Committee on Committees (H)
lower
Feb 19, 2025
Introduced
introduced in House
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.