Energy in the General Assembly: Week 4
Bills You Can Take Action On Now:
KCC Updated List of House Bills to date here
KCC Updated List of Senate Bills to date here
To act on bills: Once you read through our detailed lists above, you may call the Legislative Message Line (1-800-372-7181) from 7AM-9PM M-TH and 9AM-6PM on Fridays, or email your lawmakers anytime to comment on the bills. Note where the bill currently resides to direct your comments.
Bills will be changing quickly now…Sign Up for Text Alerts for when bills need fast action
Highlights of the Week Ending 2/24
This Friday saw the conclusion of day 16 of the 30-day legislative session. This also marked the last week where lawmakers could file new bills. As has been the recent practice, this means that lawmakers filed a healthy number of “shell” or “placeholder” bills (bills that have only minor changes that will later be substituted with full language).
For KCC, we identified about fifty of these “placeholder” bills just this week that we’ll continue to monitor for bill substitutes. That was on top of an equal number of NEW bills we added to our list this week that WEREN’T “placeholders.”
But there were certainly other highlights for the week, mostly having to do with energy and utility matters. While generally the House and Senate Natural Resources Committees and Utilities are often in alignment, this was NOT the case this week with regard to Senate Bill 4.
Urgent Action on Senate Bill 4:
Senate Bill 4 (a KCC “Strong Oppose” bill).
During this week’s meeting of the Senate Natural Resources & Energy Committee, executives from Kentucky Utilities and Duke Energy raised significant concerns with this legislation, which was swiftly followed with an aggressive public advocacy campaign from an entity that was new to us, called “Kentuckians for Affordable and Reliable Energy” identifying itself as an “effort by Kentucky’s investor-owned local energy providers” and raising many of the same concerns.
During their testimony, the utilities raised serious concerns that the goal of SB4 (slowing down the retirement of fossil fuel generating facilities) would actually make it harder to ensure reliability and affordability. Despite the concerns raised, the Senate Natural Resources Committee passed the bill with a committee substitute. The bill has now had two readings and could soon pass the Senate.
ACT: Contact members of the Senate immediately and tell them you oppose Senate Bill 4.
More on Energy: Utility Shutoffs, Merchant Solar
House Bill 66 - KCC Strong Support (L. Willner). Utility Shutoff Bill. This bill will make it more difficult for utilities to disconnect service during extreme winter and summer temperatures and provides more protection from shutoffs for hardship customers.
ACT: Contact your House member this week to co-sponsor this bill. And then ask your friends in other districts to do the same.
House Bill 4, Merchant Solar Support with Changes: There were other significant energy developments this week, with House Bill 4 making its way to a vote of the full House. This was legislation that attempted to set guidance on construction, siting, bonding, and decommissioning of large scale “merchant” solar generating facilities. We supported the bill but suggested improvements, as the bill could still do a better job to ensure that these projects are more protective of farmland. The parties lined up in support of this bill were substantial, including the Kentucky Farm Bureau, Kentucky Association of Counties, Kentucky League of Cities, Kentucky County Judge Executive Association and the Kentucky Magistrates and Commissioner’s Association. However we felt that there were shortcomings in the decommissioning provisions in particular where the removal of infrastructure such as equipment and wires can remain behind when the project is retired. We also would like to see stronger requirements with regard to soil restoration and compaction.
ACT: The bill will now proceed to the Senate. Please ask your Senator to strengthen the decommissioning provisions in HB4 that address the full removal of all infrastructure and provide for enhancements that support the restoration of soils once a project is completed.
Regulatory “Sandbox” On the Move
HB264 (KCC Strong Oppose): “Regulatory Sandbox” bill. Last week we told you about this legislation that will enable in a real-life environment for the testing of innovative technologies, products, services or approaches, which are not fully compliant with the existing legal and regulatory framework, but could also be seen as a way to avoid environmental regulations.
The bill has already had two readings in the House Small Business & Information Technology Committee with a House committee substitute. Contact House members to oppose.
Investments and Pensions:
In a similar overreach, lawmakers continued to attack “environment/social/governance investing” (ESG) this week through House Bill 236 and Senate Bill 166 (Both KCC “Strong Oppose” bills). You can learn more about the attack on this kind of socially responsible investing here. House Bill 236 has already been reported favorably in its first reading through the House Natural Resources & Energy Committee. Senate Bill 166 has now been assigned to the Senate State & Local Government Committee.
ACT: Contact members of the Senate State & Local Government Committee. and ask them to “oppose Senate Bill 166” and then contact House members to let them know you “oppose House Bill 236”