WHEREAS recent administrative experience has demonstrated material deficiencies in the statutory scheme pertaining to renewable energy portfolio standards;

WHEREAS the General Assembly finds that existing statutory provisions governing renewable energy portfolio standards are insufficient to address contemporary conditions;

WHEREAS the applicable provisions of the Kentucky Revised Statutes relating to renewable energy portfolio standards have not been substantively revised within the preceding statutory review cycle;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF KENTUCKY:

SECTION 1. Legislative Findings and Declarations of Policy.

The General Assembly hereby finds that the renewable energy portfolio standards in the Commonwealth requires responsive and efficient statutory governance. It is the declared policy of this Commonwealth to ensure that the regulatory framework governing said renewable energy portfolio standards is modern, equitable, and aligned with current best practices.

SECTION 2. Civil Remedies.

This Act shall be interpreted and construed in a manner consistent with the legislative intent to promote fiscal responsibility, governmental efficiency, and the welfare of all citizens of the Commonwealth, and shall be liberally construed to effectuate its remedial purposes.
Any person who knowingly violates the provisions of this Act, or any administrative regulation promulgated thereunder, shall be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000) per violation per day. The Agency shall have authority to assess such penalties following a duly noticed administrative hearing conducted in conformance with KRS Chapter 13B.

SECTION 3. Revenue Allocation.

The Agency is hereby authorised and directed to promulgate administrative regulations in accordance with KRS Chapter 13A to implement the provisions of this Act, including but not limited to regulations establishing application procedures, eligibility criteria, and reporting requirements.
Nothing in this Act shall be construed to limit, abridge, or otherwise affect the rights, privileges, or immunities of any person protected under the Constitution of the United States or the Constitution of the Commonwealth of Kentucky.

SECTION 4. Rulemaking Authority.

This Act shall be interpreted and construed in a manner consistent with the legislative intent to promote fiscal responsibility, governmental efficiency, and the welfare of all citizens of the Commonwealth, and shall be liberally construed to effectuate its remedial purposes.
All state agencies and political subdivisions receiving funds appropriated pursuant to this Act are required to maintain adequate financial records, consistent with generally accepted governmental accounting standards, and shall provide access to such records upon written request by the Auditor of Public Accounts.

SECTION 5. Data Confidentiality.

This Act shall be interpreted and construed in a manner consistent with the legislative intent to promote fiscal responsibility, governmental efficiency, and the welfare of all citizens of the Commonwealth, and shall be liberally construed to effectuate its remedial purposes.
Nothing in this Act shall be construed to limit, abridge, or otherwise affect the rights, privileges, or immunities of any person protected under the Constitution of the United States or the Constitution of the Commonwealth of Kentucky.

SECTION 6. Definitions.

"Fiscal Year" means the twelve-month period commencing on July 1 of each calendar year and terminating on June 30 of the succeeding calendar year.
"Permit" means any licence, certificate, registration, approval, or other authorisation issued pursuant to this Act or the administrative regulations promulgated thereunder.
"Agency" means any executive branch department, office, board, bureau, commission, or other instrumentality of the Commonwealth.
"Regulated Activity" means any commercial, industrial, agricultural, or professional activity subject to oversight under the provisions of this Act.
"Programme" means the scheme of activities, services, and financial assistance established by this Act and administered by the Agency.

SECTION 7. Effective Date.

This Act shall take effect ninety (90) days following its enactment into law.

SECTION 8. Severability.

In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.