House
Enacted
2026 Regular Session

HB398

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AN ACT relating to decommissioning costs for electric generating units.

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.

Boards and CommissionsCoalEnergyOil and Natural GasPublic Utilities

Introduced: January 15, 2026

Last action: April 12, 2026

Became Law Without Governor's Signature (Acts Ch. 95)

In effect since July 15, 2026

Acts from the 2026 Regular Session that don't carry an emergency clause or set their own effective date took effect 90 days after the session adjourned (Ky. Constitution § 55).

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This bill updates state law to confirm that the Public Service Commission keeps its authority to approve how electric utilities track and recover the costs of shutting down, removing, and salvaging power plants. It allows utilities to collect these decommissioning costs from customers through their rates over the lifespan of a generating unit, before the plant is officially approved for retirement. Who it may affect: electric utility customers and power companies operating in Kentucky.

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Legislative History

Jan 15, 2026 · House
Introduced In House
Jan 15, 2026 · House
To Committee On Committees (H)
Jan 23, 2026 · House
To Natural Resources & Energy (H)
Jan 29, 2026 · House
Reported Favorably, 1st Reading, To Calendar
Jan 30, 2026 · House
2nd Reading, To Rules (clerical)
Jan 30, 2026 · House
Posted For Passage In The Regular Orders Of The Day For Monday, February 02 2026 (clerical)
Feb 2, 2026 · House
3rd Reading, Passed 78-15
Yea: 78
Nay: 15
Absent: 7
LegiScan roll call
Feb 3, 2026 · Senate
Received In Senate
Mar 26, 2026 · Senate
3rd Reading, Passed 30-6 With Committee Substitute (1)
Yea: 30
Nay: 6
Absent: 2
LegiScan roll call
Mar 31, 2026 · House
Passed 81-14
Yea: 81
Nay: 14
Absent: 5
LegiScan roll call

Primary Sponsor

Portrait of Wade Williams
Wade Williams

Representative · House District 004

Primary sponsor
wade.williams@kylegislature.gov
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Bill Text Versions

Enacted — Acts chapter (final law)

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Enrolled (passed both chambers)

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Engrossed (passed one chamber)

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Introduced (original)

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