SB 100

CHAPTER 157  1
  CHAPTER 157
  ( SB 100 )
      AN ACT relating to the Energy Planning and Inventory Commission and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
      Section 1. KRS 164.2807 is amended to read as follows:
(1)   The General Assembly finds and declares that:
      (a)   The long-term economic health and well-being of the citizens of the Commonwealth and the United
  States depends upon the availability of reliable sources of energy;
      (b)   The Commonwealth has abundant reserves of coal, natural gas, and other natural resources;
      (c)   The energy needs of the Commonwealth are best met by continuing to engage in an all-of-the-above
  approach to electric generation resources, including but not limited to coal, oil, natural gas, wind, solar,
  hydropower, nuclear, and any future or emerging technologies like hydrogen power;
      (d)   The current economy and future economic development of the Commonwealth requires reliable,
  resilient, dependable, and abundant supplies of electrical power;
      (e)   The demand for reliable, resilient, dispatchable electrical power is anticipated to significantly increase
  in the coming decades as the Commonwealth becomes home to additional manufacturing and other
  economic development projects which increase demand for electrical power;
      (f)   It is in the interest of the Commonwealth that it be able to generate sufficient electricity within its
  borders to serve its own industrial, residential, and commercial demand and to power its own economy;
      (g)   The electrification of the United States' economy combined with unprecedented federal regulatory
  pressures have created an electric generation resource crisis in the Commonwealth;
      (h)   Existing state and federal policies with respect to energy do not adequately address the concerns of the
  General Assembly or citizens of the Commonwealth such that a comprehensive Kentucky energy policy
  is required;
      (i)   Current policies at the state and federal level do not adequately assess capacity, availability, reliability,
  or resilience attributes of existing and new fossil fuel-fired, nuclear, or other emerging dispatchable
  electric generating resources;
      (j)   It is the policy of the Commonwealth to maintain adequate capacity of available, reliable, dispatchable,
  and resilient electric generation to provide for the existing and reasonably projected future energy
  consumption needs of all wholesale, retail, and other consumers of electricity in the Commonwealth;
      (k)   Further retirement of fossil fuel-fired electric generating resources is not necessary for the protection of
  the environment or the health, safety, and welfare of the citizens of the Commonwealth;
      (l)   The health, happiness, safety, economic opportunity, and general welfare of the citizens of the
  Commonwealth will be promoted and protected by the operation of fossil fuel-fired electric generating
  resources and, conversely, those interests would be harmed by the premature retirement of those
  generating resources;
      (m)   The Commonwealth can support a multitude of potential electric generating resources and energy fuel
  supply sources so as to be the national leader in the production of energy in all forms;
      (n)   Local economic development is essential to the health, happiness, safety, and general welfare of the
  citizens of the Commonwealth;
      (o)   Local economic development requires an adequate supply of electricity to support new and expanding
  industries and is enhanced by robust employment in coal mining and coal transportation and at electric
  generating facilities, the local job multiplier effect of employment in the coal, natural gas, and electric
  generating industries, and state and local taxes and other forms of economic value creation for the
  Commonwealth; and
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      (p)   The numerous energy policy challenges facing the Commonwealth require a comprehensive energy
  policy informed by the input, judgment, experience, and expertise of diverse stakeholders representing a
  variety of interests and energy resources, including but not limited to coal, oil, natural gas, wind, solar,
  hydropower, nuclear, and any future or emerging resources to achieve the best results for the citizens of
  the Commonwealth.
(2)   As used in[For the purposes of] this section:
      (a)   "Commission" means the Energy Planning and Inventory Commission established in this section;
      (b)   "Dispatchable" means a source of electric power generation that is available on demand, that is not
  intermittent, and that can be adjusted to increase or decrease its power output upon request of a power
  grid operator or otherwise upon demand or request, or that can have its power output adjusted in
  response to market or system needs;
      (c)   "Generation and transmission cooperative" has the same meaning as in KRS 278.010;
      (d)   "Intermittent" means:
  1.     A source of electric power generation from a solar photovoltaic, solar thermal heating,
  concentrating solar thermal collector, or other solar energy collection or generation system;
  2.     A source of electric power that generates energy by harnessing wind power or energy, whether
  through a turbine or other device;
  3.     Geothermal energy, biomass energy, anaerobic digestion, or combined heat and power from
  solar, wind, geothermal, or anaerobic digestion sources;
  4.     Any short duration energy storage, which includes any method of storing generated electricity
  for later dispatch to the grid, whether alone or in conjunction with any other intermittent sources
  described in this paragraph, that is equivalent to less than forty-eight (48) hours of the average
  peak generation of the unit it is used to offset; or
  5.     Conventional hydropower and pumped storage hydropower, unless they are capable of providing
  energy on demand, in which case they shall be deemed to be dispatchable;
      (e)   "Public Service Commission" means the Kentucky Public Service Commission established under KRS
  Chapter 278, or any successor entity having the power to regulate rates and services of public utilities
  pursuant to the powers enumerated in KRS Chapter 278; and
      (f)   "Utility" has the same meaning as in KRS 278.010.
(3)   (a)   The Energy Planning and Inventory Commission is hereby established and administratively attached to
  the University of Kentucky Center for Applied Energy Research, but only for those limited functions
  and purposes expressly requested by the commission, including but not limited to accounting, human
  resources administration, purchasing assistance, and payroll processing. The commission[it] shall
  otherwise be independent from the University of Kentucky and shall exercise its authority to conduct
  energy planning, assess energy supply adequacy, and review proposed electric generating facility
  requirements without interference or influence from any Kentucky executive branch agency.
      (b)   The commission shall maintain separate accounts for all funds appropriated to it, with the University
  of Kentucky providing accounting, payroll, and financial services.
      (c)   The executive director of the commission shall have the sole authority to hire staff, retain contractors
  and other parties, and otherwise manage the commission in accordance with applicable law and with
  human resources administrative support provided by the University of Kentucky.
      (d)   Notwithstanding any provision of KRS Chapter 18A to the contrary, the commission may in its sole
  discretion identify and determine the compensation for categories of its professional employees at the
  amounts it deems necessary to recruit and retain employees who have the experience, expertise, and
  education required to perform their job responsibilities with the commission.
      (e)   Notwithstanding any law to the contrary, the commission shall conduct all procurements necessary
  for the performance of its duties in accordance with the procurement procedures outlined in KRS
  Chapter 45A, but the commission shall not be subject to any provision of KRS Chapter 45A that
  requires the approval of any Finance and Administration Cabinet official for the commission to
  proceed with any aspect of the procurement process. The executive director shall be deemed the chief
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  purchasing officer for the purposes of conducting procurements for the commission and shall have
  all the authority and responsibility with regard to the commission's procurements as the secretary of
  the Finance and Administration Cabinet has for procurements under KRS Chapter 45A. All
  commission personal service contracts shall be subject to review by the Government Contract Review
  Committee established by KRS 45A.705.
      (f)   In its bidding and negotiation processes, the commission shall perform its own bidding and
  procurement in accordance with the procedures established by KRS Chapter 45A.
      (g)   The affairs of the commission shall be governed exclusively by[ the provisions of] this section. The
  exercise of the commission's powers conferred by this section and the carrying out of its purposes and
  duties are essential governmental functions and are conducted for public purposes.
(4)   (a)   The commission board shall be composed of an eighteen (18) member board and a five (5) member
  executive committee of the board. Except for the state government officials and the ex officio
  nonvoting commission board members appointed by the President of the Senate and the Speaker of the
  House of Representatives, each member of the commission board shall be appointed by the Governor
  and confirmed by the Senate as set forth in this subsection. The commission board shall be composed of
  the following members, no more than two (2) of whom shall reside outside of the Commonwealth:
  1.    One (1) representative of a Kentucky investor-owned utility;
  2.    One (1) representative of a Kentucky generation and transmission cooperative, nominated by the
  chief operating officer of the Kentucky Association of Electric Cooperatives;
  3.    One (1) representative of Kentucky coal producers, nominated by the president of the Kentucky
  Coal Association;
  4.    One (1) representative of Kentucky oil and gas producers, nominated by the executive director of
  the Kentucky Oil and Gas Association;
  5.    One (1) representative of an industry or business engaged in the transportation of coal;
  6.    One (1) representative of a business engaged in the transportation or distribution of natural gas,
  nominated by the president of the Kentucky Gas Association;
  7.    One (1) representative with professional experience in the purchasing or sale of fossil fuels,
  nominated by the president of the Kentucky Coal Association;
  8.    One (1) member representing the nuclear electric generation industry, nominated by the
  executive director of the United States Nuclear Industry Council;
  9.    One (1) member representing the interests of businesses or entities engaged in activities related
  to the mining, milling, conversion, enrichment, or fabrication of nuclear fuel or involved in the
  remediation of past enrichment of nuclear fuels in the Commonwealth;
  10.   One (1) member representing commercial and industrial consumers of electrical power,
  nominated by Kentucky Industrial Utility Customers;
  11.   One (1) member representing Kentucky economic interests, nominated by the chief executive
  officer of the Kentucky Chamber of Commerce;
  12.   One (1) member representing producers of renewable electricity;
  13.   One (1) member with experience in investment banking or utility finance, nominated by the
  president of the Kentucky Banker's Association;
  14.   One (1) member representing residential electricity consumers;
  15.   One (1) member of the House of Representatives, who shall be an ex officio nonvoting member,
  nominated by the Speaker of the House of Representatives;
  16.   One (1) member of the Senate, who shall be an ex officio nonvoting member, nominated by the
  President of the Senate;
  17.   The secretary of the Energy and Environment Cabinet, or designee; and
  18.   The secretary of the Cabinet for Economic Development, or designee.
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    (b)   The executive committee of the board is established and shall include the following five (5) members:
  1.     The chair of the commission board selected under paragraph (e) of this subsection;
  2.     The vice chair of the commission board selected under paragraph (e) of this
  subsection[director of the University of Kentucky Center of Applied Energy Research];
  3.[2.] One (1) member appointed by the Attorney General[Governor] who has the same level of
  education, training, and professional experience as would be required to serve in the role of chief
  executive officer or board member of a company engaged in the production of coal;
  4.[3.] One (1) member appointed by the Attorney General[Governor] who has the same level of
  education, training, and professional experience as would be required to serve in the role of chief
  executive officer or board member of an investor-owned, cooperative, or municipal electric
  utility; and
  5.     One (1) member[4. Two (2) members] elected by the commission board from the commission
  board membership. Any vacancy in an executive committee position under this subparagraph
  shall be filled in the same manner as the original election.
    (c)   Any appointment made by the Governor to the commission board or by the Attorney General to the
  executive committee shall be subject to confirmation by the Senate. If a pending appointment to the
  board or executive committee requiring confirmation is not confirmed by the Senate upon the
  conclusion of the legislative session during or before which the appointment was made, then the
  member's position on the board or executive committee shall become vacant, either upon sine die
  adjournment of the legislative session or the date that the Senate votes to decline to confirm
  appointment, and the official who made the appointment[Governor] shall appoint a different
  replacement.
    (d)   After the expiration of their initial terms, members who are not members of the legislative or executive
  branch shall serve for terms of four (4) years and until a successor is appointed and confirmed by the
  Senate. Legislative members shall serve during the terms of their elected positions in the General
  Assembly, and executive branch members shall serve during the appointed terms of their state
  government positions. In the event of a vacancy prior to the expiration of a term for member appointed
  by the Governor or the Attorney General, the official who made the appointment[Governor] shall
  appoint a replacement in the same manner as the original appointment, and the appointment shall be
  subject to the same Senate confirmation process. Members appointed by the Governor or the Attorney
  General shall not be full-time employees of the Commonwealth as defined in KRS 18A.005, and shall
  not be compensated for their service on the board, but they shall be subject to the requirements of the
  executive branch code of ethics established under KRS Chapter 11A.
    (e)   A majority of the commission board may select one (1) member of the commission board to serve as
  chair of the commission board and one (1) member of the commission board to serve as vice chair of
  the commission board.
    (f)   The executive committee may adopt rules of procedure or bylaws governing the conduct of the
  commission's business.
    (g)   Other than being a customer of retail electric service, no member of the executive committee shall have
  any current employment, contractual, or other direct financial relationship with any utility at the time of
  their appointment or during their service on the executive committee.
    (h)   No person shall serve as a member of the commission board or executive committee if the service
  would cause a conflict with, or result in the disclosure of confidential information relating to, any
  research projects performed by or in partnership with the University of Kentucky Center for Applied
  Energy Research.
    (i)   If the review of a notice given under subsection (8)[(7)] of this section would result in the disclosure of
  confidential information to an executive committee member that is prohibited under subsection
  (8)[(7)](c)3. of this section, the executive committee member shall recuse himself or herself, and the
  remaining executive committee members shall name a replacement from the membership of the
  commission board solely for the purpose of reviewing the notice that caused the recusal.
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      (j)   A majority of the executive committee shall constitute a quorum, and the affirmative vote of the
  majority of the members present during a meeting is necessary for any action taken by vote of the
  executive committee.
      (k)   The Governor shall not have reorganization power over the commission, the structure of the
  commission, its board, the executive committee, or the hiring, compensation, or termination of its
  executive director. Only the General Assembly may reorganize or restructure the commission or the
  commission board by legislative act.
(5)   (a)   The commission shall[may] employ an executive director who shall be selected and hired by the
  executive committee, subject to confirmation by the Senate. If a pending selection for an executive
  director is not confirmed by the Senate upon the conclusion of the legislative session during or before
  which the selection was made, then the executive director's position shall become vacant, either upon
  the sine die adjournment of the legislative session or the date that the Senate votes to decline to confirm
  appointment, and the executive committee shall select a different replacement. Until an executive
  director is selected and hired, or in the event of a vacancy in the role of executive director, the director
  of the University of Kentucky Center for Applied Energy Research shall serve in the role of executive
  director of the commission.
      (b)   The executive director shall be entitled to attend all commission and executive committee meetings
  and shall at all times have access to all information, records, and data considered or produced at
  those meetings.
(6)   (a)   The executive director shall have full authority to act on behalf of the commission in all matters. The
  commission board, including the executive committee, shall serve in an advisory capacity to the
  executive director. The executive director shall keep the executive committee timely advised of
  material decisions relating to the commission, including but not limited to approval of the
  commission's annual budget and annual work plan.
      (b)   The executive director shall only be terminated for cause by majority vote of all the members of the
  executive committee, after delivery in writing of the cause of termination to the executive director
  and affording him or her the opportunity for an administrative hearing conducted in accordance
  with KRS Chapter 13B.
      (c)   By a majority vote of all its members, the executive committee may increase either or both of the
  following for the executive director as warranted:
  1.     His or her compensation, not to exceed ten percent (10%) annually; and
  2.     His or her benefits.
(7)   The commission shall be authorized to:
      (a)   Take all necessary measures to effectuate the public purposes described in subsection (1) of this section;
      (b)   Assist in fulfilling the executive committee's and the executive director's mandatory duties regarding
  review of planned retirement decisions described in subsection (8)[(7)] of this section;
      (c)   Engage in the examination and study of:
  1.     The adequacy of the Commonwealth's existing and anticipated future electric generation and
  transmission resources and the existing and anticipated future electric demand;
  2.     The continued operation, retirement, divestiture, or other major action impacting any electric
  power generating unit, or any pollution control equipment associated with any such unit, located
  in the Commonwealth;
  3.     Issues concerning the adequacy of the Commonwealth's energy supply, including but not limited
  to the economic impact of energy production and consumption in the Commonwealth, the
  Kentucky energy grid's response to severe weather events, projected power demand and growth
  in demand, land use impacts from power generation, local economic impacts resulting from the
  closure of electric generating resources, and whether alternatives to decommissioning electric
  generating resources exist;
  4.     The effect of any federal policy which may impact the availability of dispatchable power or the
  adequacy of energy supplies in the Commonwealth;
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  5.     The Commonwealth's ability to participate in energy markets or in the production, transmission,
  or distribution of energy;
  6.     The Commonwealth's ability to finance or provide financing assistance to energy producers to
  encourage additional energy production in the Commonwealth;
  7.     New and emerging electric generating technologies that could supply future electric demand in
  the Commonwealth;[ and]
  8.     Whether the Commonwealth's energy resources are sufficiently dispatchable to ensure against
  loss of electrical power supply in the event of extreme weather or other unexpected or
  catastrophic events that may challenge the ability of the Commonwealth's electrical grid to meet
  demand; and
  9.     Other topics at the discretion of the executive director;
       (d)   Through the executive director, request that state agencies, including but not limited to the Energy
  and Environment Cabinet and the Office of Energy Policy, cooperate with and provide data, records,
  reports, and other information that are reasonably necessary for the commission to carry out its
  duties and obligations under this section. Requests for data, records, reports or other information
  made pursuant to this paragraph shall be fulfilled within thirty (30) days unless the executive
  director otherwise grants an extension; and
       (e)   On or before[ December 1, 2024, and] each December 1[ thereafter], submit a report with
  recommendations, including but not limited to recommendations for statutory changes or budgetary
  proposals, to the Legislative Research Commission, the Governor, and the Public Service Commission
  concerning any of the issues examined or studied by the commission pursuant to paragraph (c) of this
  subsection.
(8)[(7)]     (a)    Notwithstanding any provision of law to the contrary, no utility shall retire any existing coal, oil,
  or natural gas-fired electric generating plant, or any unit within the plant, prior to submitting notice to
  the commission and receiving the findings and recommendations from the executive committee and
  the executive director, as described in this subsection.
       (b)   A utility proposing to retire any existing coal, oil, or natural gas-fired power plant, or unit within such
  plant, shall give notice to the commission's executive committee, in the form and manner as the
  executive committee may require, at least one hundred eighty (180) days prior to submitting the
  retirement application to the Public Service Commission required by KRS 278.264(1). The utility may
  include with its notice any information the utility believes will assist in the executive committee's
  review of the proposed activity.
       (c)   1.     The executive committee or executive director may require a utility filing notice under this
  subsection to provide any information, records, or data that the executive committee or executive
  director deems reasonably necessary to make its findings under this subsection, and the utility
  shall respond to all such requests within a reasonable timeframe as established by the executive
  committee or executive director.
  2.     A utility responding to an information request or otherwise providing information to the
  commission may designate the information, records, or data provided[ in the response] as
  confidential business information, and the information, records, or data shall be exempt from
  disclosure under the requirements of KRS 61.870 to 61.884.
  3.     A utility responding to an information request or otherwise providing information to the
  commission may indicate in its response or submission that the information, records, or data
  provided should not be shared with specific members of the commission board or executive
  committee to avoid an unfair competitive or market advantage, in which case the confidential
  information, records, or data shall not be shared with or made available to that member or
  members.
  4.     Any information, records, data, files, documents, or correspondence submitted by a utility to
  the commission that the utility has designated as confidential business information shall be
  exempt from disclosure under KRS 61.870 to 61.884 to the extent that open disclosure would
  permit an unfair commercial advantage to competitors of the utility that submitted the
  information.
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(d)   Other than being a customer of retail electric service, any member of the commission board who has an
      employment or contractual relationship with the utility filing the notice required by this subsection shall
      have no contact with the executive director or any member of the executive committee concerning the
      proposed activities described in the notice.
(e)   Within ninety (90) days of its receipt of the notice required by this section, the commission shall hold a
      public hearing in the county in which the retirement is proposed to occur in order to receive public
      comments on the proposed activity.
(f)   Within one hundred thirty-five (135) days of receiving a utility's notice of a proposed retirement, but
      following the public hearing described in paragraph (e) of this subsection, the executive committee shall
      issue a final report containing written findings and recommendations concerning the proposed
      retirement. The executive committee's written findings and recommendations shall include:
      1.     The impact of the proposed activity on the available supply of dispatchable and reliable power
  within the Commonwealth, including the ability of the Commonwealth to meet future demand
  growth or respond to extreme weather events;
      2.     Whether alternatives to the proposed activity exist, and whether those alternatives should be
  further evaluated prior to proceeding with the proposed activity;
      3.     Whether the replacement of the generating unit or units subject to the proposed activity with
  other generating resources will result in any adverse land use impacts in the Commonwealth;
      4.     Whether the proposed activity will result in loss of revenue to the Commonwealth or any local
  government unit;
      5.     The positive or negative economic impact of the proposed activity on the local economy of the
  area in which the proposed activity will take place;
      6.     The economic impact of the proposed activity on the Commonwealth as a whole; and
      7.     The impact of the proposed activity on the Commonwealth's ability to increase the available
  supply of electrical power for current or future economic development purposes.
(g)   1.     The findings and recommendations of the executive committee that are approved by a majority
  of the members of the executive committee shall be designated as findings of the commission
  and shall be submitted to the Public Service Commission and the utility. If no majority decision
  of the executive committee is reached with respect to the findings, the report shall so indicate,
  and each member of the executive committee may make a written statement of position
  concerning the proposed activity by the deadline provided for in the report. Each written
  statement shall be included in the report and transmitted along with the report to the Public
  Service Commission and the utility. Any executive committee member dissenting from the
  report, any portion of the report, or any specific findings in the report may, within one hundred
  eighty (180) days of the utility filing notice of the proposed activity, transmit separate dissenting
  findings and recommendations to the Public Service Commission and the utility.
      2.     The executive committee shall provide the executive director with all information, records, and
  data considered in the proposal to retire and shall include the executive director in all
  associated deliberations. Within one hundred eighty (180) days of the utility filing notice of the
  proposed activity, the executive director may submit his or her own written report with
  findings and recommendations, a written statement of position, or dissenting findings and
  recommendations to the Public Service Commission and the utility.
(h)   The executive committee's written report, the executive director's written report or position statement,
      and any dissenting statements provided to the Public Service Commission and the utility, shall be
      included in any retirement application made to the Public Service Commission under KRS 278.264, and
      the Public Service Commission shall not approve any retirement application without considering all
      information received from the executive committee, the executive director, or any member of the
      executive committee. Any order of the Public Service Commission in a proceeding under KRS 278.264
      shall contain specific written findings of fact or conclusions of law addressing whether the executive
      committee's and the executive director's findings and recommendations, position statements, and
      dissenting statements were considered by the Public Service Commission.
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       (i)   No retirement application to the Public Service Commission under KRS 278.264 shall be deemed
  administratively complete unless it includes[ either] the executive committee's and the executive
  director's report, position statements, and dissenting statements submitted pursuant to this section or
  evidence that more than one hundred eighty (180) days have passed since notice was submitted to the
  commission as required in paragraph (b) of this subsection and no executive committee or executive
  director report, position statement, or dissenting statement[ or determination] has been provided to the
  Public Service Commission or the utility.
(9)[(8)]     (a)    The Energy Planning and Inventory Commission fund is hereby established in the State
  Treasury and shall be administered by the executive director with the advice of the commission
  board. The fund shall be a trust and agency account and may receive state appropriations, gifts,
  grants, and federal funds. Monies in the fund shall only be disbursed for the purposes of carrying out
  this section.
       (b)   Notwithstanding KRS 45.229, state appropriations, gifts, grants, federal funds, and any interest
  earnings on those monies not expended at the close of a fiscal year shall not lapse, but shall be
  carried forward to the next fiscal year.
(10)   Notwithstanding any provision of law to the contrary, the executive committee and [, or] the executive
       director, jointly or separately[ if authorized by the executive committee], shall have standing to participate as
       an intervening party in any case or other proceeding before the Public Service Commission[.
(9)    Subject to available funding, the executive committee may employ administrative staff or third-party
       consultants with expertise in the subject matter of any study, examination, or review undertaken by the
       commission to assist in carrying out the commission's functions under this section].
(11)[(10)]   The commission shall cease to exist on December 31, 2035.
       Section 2. The Attorney General shall make the appointments to the executive committee of the Energy
Planning and Inventory Commission board as provided under subsection (4) of Section 1 of this Act on or before
August 1, 2026, who shall replace the current appointees for those positions whose terms shall be terminated on the
effective date of this Act.
      Section 3. (1) The Energy Planning and Inventory Commission is directed to conduct a comprehensive
assessment examining the following with regard to the eastern Kentucky counties that are included in the
Appalachian Regional Commission:
       (a)    The technical and economic viability of existing and potential coal-fired generation resources in eastern
Kentucky, including analysis of operational economics, fuel supply chains, compliance costs, and grid reliability
contributions;
       (b)    Potential alternative and emerging uses for eastern Kentucky coal resources, including but not limited to
carbon capture applications, rare earth element extraction, advanced materials production, and other value-added
applications;
      (c)     Factors contributing to elevated energy costs for eastern Kentucky residents, including generation,
transmission, and distribution cost components, rate structures, and regional market dynamics;
      (d)     Opportunities and mechanisms to reduce energy cost burdens on eastern Kentucky households and
businesses, including potential policy interventions, infrastructure investments, rate design modifications, efficiency
programs, and other approaches; and
        (e)     The role of coal resources and coal-related infrastructure in supporting energy supply adequacy and grid
reliability for eastern Kentucky and the broader Commonwealth.
       (2)   In conducting the assessment, the Energy Planning and Inventory Commission shall:
      (a)   Consult with electric utilities and cooperatives serving eastern Kentucky, coal producers, regional
development organizations, consumer advocates, and other relevant stakeholders;
       (b)   Consider economic development impacts, workforce implications, and community transition dynamics;
and
       (c)   Coordinate as appropriate with other state agencies and regional planning entities.
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       (3)    The Energy Planning and Inventory Commission shall submit a report containing its findings and
recommendations to the Legislative Research Commission by December 1, 2026, and shall make its analysis publicly
available on the Energy Planning and Inventory Commission website.
        Section 4. Whereas it is critical that changes made to the Energy Planning and Inventory Commission
executive committee, commission board, and role of the executive director take effect as soon possible to allow the
commission to most effectively carry out its responsibilities, and whereas it is essential to the livelihood of the
citizens of eastern Kentucky that the energy infrastructure of the region be studied to explore ways to strengthen grid
adequacy and reliability and to reduce energy costs, an emergency is declared to exist, and this Act takes effect upon
its passage and approval by the Governor or upon its otherwise becoming a law.
  Veto Overridden April 14, 2026.
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