Session Results: Natural Resources and Energy  

Rep. Mark Hart (District 78)
With the recent executive orders signed by President Donald Trump to reinvigorate the coal industry, Kentucky is well positioned to not only continue its role as a leader in energy generation, but to be an essential provider for our nation’s reliable energy needs. Whether it be the resurgence of American industry, the expansion of high consumption data centers, or the historic economic development we have experienced right here at home, Kentucky has the opportunity to serve as the foundation of our country’s reliable energy stockpile. 

As such, the Kentucky General Assembly was hard at work during this past legislative session clarifying regulatory guideline ambiguities, removing administrative barriers, and providing support for future innovations in the energy sector.  

This week, I would like to highlight some of these important measures which were recently passed into law: 

Standardizing Air Quality Monitoring Practices – HB 137 mandates that air pollution compliance assessments established by an air pollution control board, the Kentucky Energy and Environment Cabinet, or the federal Clean Air act, use the most current data collection methods approved or promulgated by the US Environmental Protection Agency.

Reducing Unnecessary Regulatory Burdens on Coal Mine Operations – HB 196 reduces the mandatory number of emergency medical or mine emergency technicians required at active coal mines from two to one if the number of employees on shift is 10 or less.   

Clarifying Air Quality Regulations – HB 346 amends air quality regulations to exempt emergency generators used for fire suppression by distillers and clarifies that the definition of emergency generator is consistent with that used by the Environmental Protection Agency. The measure also establishes standards for assessing emissions fees to allow emitters to be charged only for the pollution they emit. 

Empowering Nuclear Energy – HCR 22 declares that nuclear power generation is a clean and dispatchable means of providing baseload electricity to the residents and businesses of the commonwealth.

Streamlining Water Protection – SB 89 updates legal definitions of “waters of the Commonwealth” to be consistent with federal law and protects springs, sinkholes, and wellhead areas. It also codifies post-mining water treatment bonding requirements.

Of these measures, Senate Bill 89 has seen increased attention and misinformation regarding how it will affect our commonwealth’s creeks, rivers, and lakes. In reality, many of the loopholes which did exist within the bill were only part of its original language. Once it made its way to the House, many necessary revisions were made to ensure the continued protection of Kentucky’s waterways while also accomplishing the bill’s intent of reigning in the gross overreach of executive authority.

Above all when considering these bills, my fellow lawmakers and I are dedicated to ensuring the balance is upheld between the preservation of our commonwealth’s natural resources and our capabilities to meet the energy needs of our communities, our industries, and our nation. At the end of the day, these measures are focused on preparing Kentucky not just for tomorrow, but for decades to come. 

However, our work is far from over. I look forward to discussing and learning about other innovative proposals and potential changes to our energy policies during the legislative interim in preparation for the 2026 legislative session next January.