republic-os/legislation/us/states/ky/2023rs/sb-226.md

---
type: "Bill"
title: "AN ACT relating to environmental permitting."
description: "Create a new section of Subchapter 16 of KRS Chapter 224 to require the Energy and Environment Cabinet, when issuing permits under the Clean Water Act for discharges into outstanding state resource waters, to presume that water quality will be maintained if the permittee complies with technology-based effluent limitations for its industry or with species-specific protection measures imposed on its operations by another state or federal agency, give substantial weight to evidence that discharges from similar operations have not impacted the same or similar threatened or endangered species, not impose conditions that are more stringent than United States Fish and Wildlife Service requirements to protect a threatened or endangered aquatic organism or habitat, presume that compliance with numeric water quality standards applicable to the discharge shall constitute compliance with narrative water quality standards applicable to outstanding state resources waters that support threatened or endangered species; require the Energy and Environment Cabinet to clearly document its compliance with the requirements of the section in the fact sheet for the permit; provide that failure to clearly and adequately document compliance with the requirements of the section shall result in a stay in permit conditions for permits based on a narrative water quality standard for an outstanding state resource water upon the filing of a petition for an administrative hearing; amend KRS 224.10-225 to allow an applicant for a surface coal mining and reclamation operation to request for one stop shopping for environmental permits; provide that failure of the Energy and Environment Cabinet to adhere to the timelines for Clean Water Act permitting issuances shall constitute the making of a final determination, which shall allow the applicant to initiate an action in the Circuit Court for the county where the surface coal mining and reclamation operation is located or initiate an administrative hearing; define surface coal mining operations; amend KRS 224.16-050 to require the Energy and Environment Cabinet, when making a Clean Water Act Section 401 certification, to notify an applicant within 30 days of receiving an application if the application is incomplete; provide that if the application is incomplete, allow the applicant an additional 30 days to complete the application; provide that after receiving a complete application, the Energy and Environment Cabinet shall make a certification determination within 60 days; provide that if the certification determination is not made within 60 days, then the certification requirements are waived unless a time extension is otherwise agreed upon; provide that Clean Water Act Section 401 certifications shall be limited to water quality impacts from the discharge only; strike the requirement that the Governor must make a finding that the permitted activity would be in the best interests of the Commonwealth before the Energy and Environment Cabinet could engage in permitting and certification for the activity; prohibit the Energy and Environment Cabinet from delaying the issuance of a Clean Water Act permit based on the need or receipt of any other federal, state, or local permit or certification."
jurisdiction: "us/states/ky"
legislature: "Kentucky General Assembly"
session: "2023RS"
identifier: "SB 226"
citation: "Kentucky SB 226 (2023RS)"
classification: ["bill"]
subjects: ["Administrative Regulations and Proceedings", "Environment and Conservation", "Federal Laws and Regulations", "Minerals and Mining", "State Agencies", "Surface Mining", "Waterways and Dams"]
status: "enacted"
primary_sponsors: []
version_count: 3
action_count: 34
vote_count: 5
first_action: "2023-02-21T05:00:00+00:00"
last_action: "2023-03-29T04:00:00+00:00"
source: "openstates"
source_identifier: "ocd-bill/3b2d5bec-214c-48bf-be65-d02436b936a8"
source_url: "https://apps.legislature.ky.gov/record/23RS/sb226.html"
source_hash: "6a9b43cbfa8a4aa7f78df547f3563dc69948a228531c3579b8043da0c47e2034"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-ky"]
---

# Kentucky SB 226 (2023RS) — AN ACT relating to environmental permitting.

Create a new section of Subchapter 16 of KRS Chapter 224 to require the Energy and Environment Cabinet, when issuing permits under the Clean Water Act for discharges into outstanding state resource waters, to presume that water quality will be maintained if the permittee complies with technology-based effluent limitations for its industry or with species-specific protection measures imposed on its operations by another state or federal agency, give substantial weight to evidence that discharges from similar operations have not impacted the same or similar threatened or endangered species, not impose conditions that are more stringent than United States Fish and Wildlife Service requirements to protect a threatened or endangered aquatic organism or habitat, presume that compliance with numeric water quality standards applicable to the discharge shall constitute compliance with narrative water quality standards applicable to outstanding state resources waters that support threatened or endangered species; require the Energy and Environment Cabinet to clearly document its compliance with the requirements of the section in the fact sheet for the permit; provide that failure to clearly and adequately document compliance with the requirements of the section shall result in a stay in permit conditions for permits based on a narrative water quality standard for an outstanding state resource water upon the filing of a petition for an administrative hearing; amend KRS 224.10-225 to allow an applicant for a surface coal mining and reclamation operation to request for one stop shopping for environmental permits; provide that failure of the Energy and Environment Cabinet to adhere to the timelines for Clean Water Act permitting issuances shall constitute the making of a final determination, which shall allow the applicant to initiate an action in the Circuit Court for the county where the surface coal mining and reclamation operation is located or initiate an administrative hearing; define surface coal mining operations; amend KRS 224.16-050 to require the Energy and Environment Cabinet, when making a Clean Water Act Section 401 certification, to notify an applicant within 30 days of receiving an application if the application is incomplete; provide that if the application is incomplete, allow the applicant an additional 30 days to complete the application; provide that after receiving a complete application, the Energy and Environment Cabinet shall make a certification determination within 60 days; provide that if the certification determination is not made within 60 days, then the certification requirements are waived unless a time extension is otherwise agreed upon; provide that Clean Water Act Section 401 certifications shall be limited to water quality impacts from the discharge only; strike the requirement that the Governor must make a finding that the permitted activity would be in the best interests of the Commonwealth before the Energy and Environment Cabinet could engage in permitting and certification for the activity; prohibit the Energy and Environment Cabinet from delaying the issuance of a Clean Water Act permit based on the need or receipt of any other federal, state, or local permit or certification.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Introduced** (filed) — [source](https://apps.legislature.ky.gov/recorddocuments/bill/23RS/sb226/orig_bill.pdf)
2. **Acts Chapter 138** (committee substitute) — [source](https://apps.legislature.ky.gov/law/acts/23RS/documents/0138.pdf)
3. **Current/Final** (committee substitute) — [source](https://apps.legislature.ky.gov/recorddocuments/bill/23RS/sb226/bill.pdf)

## Votes

- PASS SB 226 — **pass** (pass) · upper
- Final Passage — **pass** (pass) · upper
- Veto Override — **pass** (pass) · upper
- Veto Override Final Passage SB 226 — **pass** (pass) · upper
- Motion to move the previous question on SB 226 — **pass** (pass) · upper

## Timeline

The legislative action history — every referral, reading, and vote.

- **2023-02-21T05:00:00+00:00** introduced in Senate `introduction`
- **2023-02-21T05:00:00+00:00** to Committee on Committees (S) `referral-committee`
- **2023-02-23T05:00:00+00:00** to Natural Resources & Energy (S) `referral-committee`
- **2023-03-01T05:00:00+00:00** reported favorably, 1st reading, to Calendar `committee-passage`
- **2023-03-02T05:00:00+00:00** 2nd reading, to Rules `reading-2`
- **2023-03-03T05:00:00+00:00** posted for passage in the Regular Orders of the Day for Tuesday, March 07, 2023
- **2023-03-07T05:00:00+00:00** 3rd reading, passed 30-6 `passage, reading-3`
- **2023-03-07T05:00:00+00:00** received in House
- **2023-03-07T05:00:00+00:00** to Committee on Committees (H) `referral-committee`
- **2023-03-08T05:00:00+00:00** to Natural Resources & Energy (H) `referral-committee`
- **2023-03-09T05:00:00+00:00** reported favorably, 1st reading, to Calendar `committee-passage`
- **2023-03-10T05:00:00+00:00** 2nd reading, to Rules `reading-2`
- **2023-03-10T05:00:00+00:00** posted for passage in the Regular Orders of the Day for Monday, March 13, 2023
- **2023-03-13T04:00:00+00:00** 3rd reading, passed 78-20 `passage, reading-3`
- **2023-03-14T04:00:00+00:00** received in Senate
- **2023-03-14T04:00:00+00:00** enrolled, signed by President of the Senate `passage`
- **2023-03-14T04:00:00+00:00** enrolled, signed by Speaker of the House `passage`
- **2023-03-14T04:00:00+00:00** delivered to Governor
- **2023-03-24T04:00:00+00:00** Vetoed `executive-veto`
- **2023-03-29T04:00:00+00:00** received in Senate
- **2023-03-29T04:00:00+00:00** to Rules (S) `referral-committee`
- **2023-03-29T04:00:00+00:00** posted for passage for consideration of Governor's veto
- **2023-03-29T04:00:00+00:00** veto overridden `veto-override-passage`
- **2023-03-29T04:00:00+00:00** passed 31 -6 `passage`
- **2023-03-29T04:00:00+00:00** received in House
- **2023-03-29T04:00:00+00:00** to Rules (H) `referral-committee`
- **2023-03-29T04:00:00+00:00** taken from Rules
- **2023-03-29T04:00:00+00:00** posted for passage for consideration of Governor's veto
- **2023-03-29T04:00:00+00:00** veto overridden `veto-override-passage`
- **2023-03-29T04:00:00+00:00** passed 79-18 `passage`
- **2023-03-29T04:00:00+00:00** received in Senate
- **2023-03-29T04:00:00+00:00** enrolled, signed by President of the Senate `passage`
- **2023-03-29T04:00:00+00:00** enrolled, signed by Speaker of the House `passage`
- **2023-03-29T04:00:00+00:00** delivered to Secretary of State (Acts Ch. 138) `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/3b2d5bec-214c-48bf-be65-d02436b936a8`. Confidence: reported (aggregated from official Kentucky legislature records).