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HB 398 Kentucky House · 2026 Regular Session

AN ACT relating to decommissioning costs for electric generating units.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 15, 2026 Signed Apr 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Current/Final · 3 edits
MINOR
The bill was renumbered from BR 1554 to HB 398 and updated to its final 'Engrossed' status. Substantive changes include clarifying that utilities must demonstrate cost savings to customers, not just costs, when retiring power plants. The annual reporting requirements were expanded to include stranded costs and a broader definition of 'intermittent' energy sources, which now explicitly includes short-duration energy storage.
Scope change
The bill's scope remains focused on electric utility retirement processes, but the reporting requirements now cover a wider range of impacts, including stranded costs and the inclusion of energy storage in the definition of intermittent resources.
REQUIREMENT

Utilities must now demonstrate that cost savings will result to customers, in addition to showing direct and indirect costs of retirement.

The annual report to the Legislative Research Commission now requires details on stranded costs recovered via surcharges.

DEFINITION

The definition of 'intermittent' energy sources was expanded to explicitly include short-duration energy storage systems.

Floor votes · House Feb 2, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
26
Key actions
9
Committee
9
Apr 10, 2026
Introduced
filed without Governor's signature with the Secretary of State
lower
Mar 31, 2026
Upper · Passed
enrolled, signed by President of the Senate
upper
Mar 31, 2026
Lower · Passed
enrolled, signed by Speaker of the House
lower
Mar 31, 2026
Lower · Passed
passed 81-14
lower
Mar 31, 2026
Lower · Passed
House concurred in Committee Substitute (1)
lower
Mar 31, 2026
Lower · Passed
posted for passage for concurrence in Senate Committee Substitute (1)
lower
Mar 27, 2026
Committee
to Rules (H)
lower
Mar 26, 2026
Lower · Passed
3rd reading, passed 30-6 with Committee Substitute (1)
lower
Mar 25, 2026
Lower · Passed
reported favorably, 2nd reading, to Rules with Committee Substitute (1)
lower
Mar 20, 2026
Committee
to Natural Resources & Energy (S)
upper
Feb 3, 2026
Committee
to Committee on Committees (S)
upper
Feb 2, 2026
Lower · Passed
3rd reading, passed 78-15
lower
Jan 29, 2026
Lower · Passed
reported favorably, 1st reading, to Calendar
lower
Jan 23, 2026
Committee
to Natural Resources & Energy (H)
lower
Jan 15, 2026
Committee
to Committee on Committees (H)
lower
Jan 15, 2026
Introduced
introduced in House
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.