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Local legislators applaud passage of legislation establishing statewide standards for large-scale energy projects

Henderson, KY, USA / WSON AM & FM
Local legislators applaud passage of legislation establishing statewide standards for large-scale energy projects

FILE - Exterior photo of the Kentucky State Capitol in Frankfort, Ky., Wednesday, April 7, 2021. Kentucky lawmakers have convened to start a 60-day session that will be dominated by work on the next state budget, Tuesday, Jan. 2, 2024.(AP Photo/Timothy D. Easley, File)



FRANKFORT, Ky. – The Kentucky Energy Planning and Inventory Commission will release its first comprehensive statewide energy planning report during a press event at the Capitol Annex on Thursday.

The report represents the culmination of months of research, stakeholder engagement, and analysis examining Kentucky’s current energy landscape, future energy needs, infrastructure challenges, and opportunities for economic growth, according to a news release.

Ahead of that announcement, Sen. Robby Mills, R-Henderson, and Rep. J.T. Payne, R-Henderson, highlighted legislation enacted during the 2026 Legislative Session that establishes statewide standards for the siting and decommissioning of large-scale merchant electric generation facilities, including solar arrays, battery storage facilities and wind energy projects.

The provisions, adopted through an amendment to House Bill 677, were developed in response to growing concerns from communities across Kentucky about the rapid expansion of large-scale renewable energy projects and the impact those developments can have on neighboring property owners.

Over the last several years, Henderson County has experienced significant growth in utility-scale solar development while also seeing increased interest from out-of-state developers exploring potential wind energy projects.

“As lawmakers, we heard from property owners who wanted to ensure their voices were part of the conversation when these projects are proposed,” Mills said. “While land-use decisions have traditionally been made at the local level, many counties across Kentucky do not have planning and zoning regulations in place. This legislation establishes reasonable statewide protections that help safeguard neighboring property owners while still allowing projects to move forward.”

Kentucky currently has 58 counties that have adopted local planning and zoning regulations, while 62 counties rely largely on state statutes to govern land-use decisions.

  • The legislation establishes minimum statewide standards for merchant electric generation facilities in counties without local planning and zoning regulations. Key provisions include:
  • Requiring solar facilities, battery storage projects and wind turbines to be located at least 1,000 feet from adjoining property boundaries;
  • Requiring projects to be located at least 2,000 feet from residential neighborhoods, schools, hospitals and nursing homes;
  • Limiting wind turbines to a maximum height of 350 feet;
  • Prohibiting artificial lighting on wind turbines except where required by law or federal regulation;
  • Requiring consideration of methods to minimize shadow flicker and visual impacts on neighboring properties;
  • Strengthening decommissioning bond requirements and providing for periodic review to ensure sufficient financial assurance remains in place; and
  • Requiring all equipment and components associated with solar and wind facilities to be removed within 90 days following decommissioning.

“Communities should not be forced to choose between economic development and protecting the quality of life of their residents,” Payne said. “This legislation creates clear expectations for developers while providing meaningful safeguards for neighboring landowners, schools, hospitals and residential areas. These standards represent a balanced approach that respects property rights and local communities.”

Mills noted that while the legislation does not directly affect ongoing discussions regarding existing projects in Henderson County, it provides important protections for counties without local planning regulations and establishes a framework that local governments may consider when developing or updating their own ordinances.

“These are common-sense standards designed to ensure that communities have a voice and that property owners are treated fairly,” Mills said. “As Kentucky’s energy landscape continues to evolve, it is important that we strike the right balance between development, private property rights and the interests of local communities.”

 

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