GA 2024 Week 10: Dirty Power vs Ky. Ratepayers?

We are now on day 47 of the 60-day legislative session. Lawmakers only have 9 more legislative days plus two days for “concurrence” before the Governor’s veto period begins on March 29th. And then after the veto period, lawmakers will come back for two more legislative days. You may call the Legislative Message Line at 1-800-372-7181 (Monday-Thurs. 7AM-9PM and Friday 7AM-6PM) to express your views on these bills below. You may also email your legislators.

Dirty Power vs. Kentucky Ratepayers?
Fast-Tracking The Coal Protection Bill SB 349

We reported last week that on the final filing day for Senate bills, SB 349 landed and was quickly whisked through approval in the Senate Standing Committee on Natural Resources and Energy. Then the bill was placed in the Senate Orders of the Day on March 8th. We feared swift passage in the Senate before the public could really understand the implications of this far-reaching bill. Advocacy groups and utilities alike had been bracing for a legislative sequel of last year’s effort to slow the retirement of Kentucky’s ever-aging fleet of fossil power plants. As we reported last week, this was just the latest of several “coal protection” bills and resolutions filed in both the House and Senate this session.

Fortunately, due to your FAST actions and calls, SB 349 was passed over on Friday, but is still being held in the Senate orders of the day.

Kentucky has not built a new coal-fired power plant in 34 years. Considering the average lifespan of these plants is about 45 years means the majority of our state’s remaining coal fleet is past due for retirement or replacement, regardless of your opinion of fossil fuels.

  • ACT: While this bill is on hold, it is still in the Senate Orders of the Day and can be heard at any time once the Assembly resumes. Call the legislative message line at 1-800-372-7181 and ask the Senate to “Oppose SB 349.”

What does SB 349 bill do? Why is it SO bad?

The intent of Senate Bill 349 is to prevent or restrict the retirement of fossil fuel-fired electric generating resources by creating a new agency, the Energy Planning and Inventory Commission, that will add a layer of additional bureaucracy over the Public Service Commission’s regulatory work. And that is not just the opinion of environmentalists. The Kentucky Energy and Environment Cabinet laid out several concerns with this legislation as did some of the utilities. Below are just a few quotes from utilities and business interests alike in their testimony to the Senate Natural Resources and Energy Committee this past week about the dangers of this bill:

Tammy Wilson, Northern Kentucky Chamber of Commerce

“Today I come before you to express our concerns regarding Senate Bill 349. As currently written, Senate Bill 349 has significant implications for economic development. The proposed legislation creates duplicative government oversight, and prioritizes one fuel source over reliability and affordability….we feel strongly that forcing our members and potential members to pay more for their energy, simply to ensure we continue to support the coal industry, is not a reasonable ask of the Northern Kentucky Region. One of the first questions companies ask when considering locating to Kentucky is whether or not the local energy providers can serve them with cleaner forms of energy generation.

Amy Spillar, President of Duke Energy’s operations in Kentucky and Ohio,

“This is a bill that would create needless review by a new governmental authority, comprised of many members having pre-existing biases, an authority that cannot accomplish its predetermined operational objective, without jeopardizing reliability, affordability and blunting Kentucky’s economic growth.”

John Crockett, President of Louisville Gas & Electric/Ky. Utilities

“We don’t make retirement decisions or replacement generation decisions on the basis of the fuel source. Instead, we rely on reasonable least cost..."


Other Bills on the Move:

Senate Bill 215 (Oppose) Prohibits the Transportation Cabinet or any other state agency, department, or political subdivision from adopting or enforcing emissions standards on new motor vehicles, or from requiring purchase or sale of electric vehicles. Sub - Deletes the original, prohibits the Transportation Cabinet or any other state agency or political subdivision from adopting or enforcing emissions standards on new motor vehicles that are identical to the standards established by the State of California pursuant to the Clean Air Act.

  • ACT: This bill has passed the House and is now in House Committee on Committees. Contact your House member to Oppose.

House Bill 116 (Strong Support) N. Kulkarni: PFAS legislation. Establishes a PFAS Working Group to research the effect that exposure to PFAS has on health outcomes in the Commonwealth. This is an important step in finally addressing this pervasive set of “forever chemicals.”

House Bill 581 (Oppose) K. Upchurch. Impacting where fuel stations are allowed. Prevents local governments from adopting zoning regulations that treat fossil fueling stations different from EV charging stations. This bill basically interferes with local planning and zoning and creates a safety hazard issue with these flammable fuels.

  • ACT: The bill has now passed the house (78-14) and is now in the Senate Committee on Committees. Contacct Senate Leadership and your Senator and ask them to “Oppose House Bill 581.” Legislative message line: 1-800-372-7181.

Senate Bill 16 (Strong Oppose) J. Schickel: The “Ag Gag” bill that prohibits the operation of unmanned aircraft, video or audio recording devices, or photography equipment on or above a concentrated animal feeding operation or commercial food manufacturing or processing facility without written consent of the owner or authorized representative of the facility.

  • ACT: SB16 has passed the Senate and has been reported favorably out of the House Agriculture committee. The bill has now had two readings and floor amendments have been filed, however it has not yet been sent to the House floor. So this week we are asking you to contact the “Full House to Oppose SB16.” Legislative message line: 1-800-372-7181.



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Ky GA 2024 Week Eleven: Time Running Out-Act for Affordable Energy

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GA 2024  Week 9: Protecting Coal, Gas Stations. Nuke Bill Advances