Kentucky: Prohibits utilities from serving data centers with 100+ MW aggregate contract capacity unless the Public Service Commission approves a specific tariff with minimum requirements including contract durations, early termination fees, load ramp terms, and financial assurances. Key concerns driving this action include ratepayer cost concerns. The outcome remains pending. VERIFIED 2026-05-26: Kentucky adjourned sine die Apr 15, 2026; HB 544 (Ratepayer Protection Act) did not pass and its data center language was stripped from SB 197 on the final day.
HB 593 (Rep. Josh Bray, R) requires data centers to cover transmission and infrastructure costs, generate their own power or purchase on the open market, with a $75,000 nonrefundable application fee. Unanimously passed the House Economic Development and Workforce Investment Committee on Feb 26, 2026. A companion bill HB 544 (Reps. Adam Moore & William Lawrence) prohibits utilities from serving data centers with 100+ MW aggregate capacity without a PSC-approved specific tariff. As of late March 2026, HB 593 is advancing in the Senate. Both bills aim to ensure data center costs are not passed to ratepayers and tie tax breaks to compliance with local zoning. HB 593 passed the Kentucky House 90-8 but DIED in the Senate as the legislative session closed on April 15-16, 2026, without a floor vote. Sponsor Rep. Josh Bray indicated he will refile in the 2027 session. UPDATE 2026-04-21: Bill died April 15-16, 2026 as the legislative session ended. HB 593 passed the House 90-8 but stalled in the Senate. An SB 197 revival attempt was stripped on the final day.