KentuckySB 2222026 Regular SessionSenate

AN ACT relating to environmental covenants and declaring an emergency.

Sponsored By: Keturah J. Herron (Democrat)

Signed by Governor

Courts, CircuitEffective Dates, EmergencyEnvironment And ConservationLand UsePollutionPropertyRetroactive LegislationState Agencies

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Faster removal of land-use limits after cleanup

If cleanup under a cabinet‑approved plan removes the risk, the cabinet can cut or remove land‑use limits. The cabinet issues a proposed decision and notifies the holder and listed parties. They have 30 days to object with legal or technical reasons. If anyone objects, the cabinet issues a final decision within 45 days. An objector has 30 days to sue in Franklin Circuit Court and must prove harm. The change takes effect when recorded. No extra court approval is needed.

New rules now cover older covenants

The law applies the new rules to all recorded environmental covenants under KRS 224.80-100 to 224.80-210. That includes covenants recorded before this law. The act takes effect immediately when signed or otherwise becomes law. Owners, holders, and signers must follow the new procedures now.

Stricter consent to change covenants

A covenant can be changed or ended by consent only as part of a cabinet‑approved cleanup plan change. The change must be signed by the cabinet, the current owner, and all original signers or their heirs or assigns. A signed waiver or inability to find a signer with reasonable diligence can replace a signature. The holder must also sign unless an exception applies. These rules add steps and can slow owner requests.

Sponsors & Cosponsors

Sponsor

  • Keturah J. Herron

    Democrat • Senate

Cosponsors

  • Greg Elkins

    Republican • Senate

  • Gerald A. Neal

    Democrat • Senate

  • Matthew Deneen

    Republican • Senate

  • Robby Mills

    Republican • Senate

  • Reginald L. Thomas

    Democrat • Senate

  • Shelley Funke Frommeyer

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 132 • No: 0

House vote • 3/26/2026

3rd reading, passed

Yes: 94 • No: 0

Senate vote • 3/13/2026

3rd reading, passed

Yes: 38 • No: 0

Actions Timeline

  1. signed by Governor (Acts Ch. 55)

    4/8/2026
  2. delivered to Governor

    3/27/2026
  3. enrolled, signed by Speaker of the House

    3/27/2026Senate
  4. enrolled, signed by President of the Senate

    3/27/2026Senate
  5. received in Senate

    3/27/2026Senate
  6. 3rd reading, passed 94-0

    3/26/2026House
  7. posted for passage in the Regular Orders of the Day for Tuesday, March 24 2026

    3/20/2026House
  8. 2nd reading, to Rules

    3/20/2026House
  9. reported favorably, 1st reading, to Calendar

    3/19/2026House
  10. to Natural Resources & Energy (H)

    3/18/2026House
  11. to Committee on Committees (H)

    3/17/2026House
  12. received in House

    3/17/2026House
  13. 3rd reading, passed 38-0

    3/13/2026Senate
  14. posted for passage in the Regular Orders of the Day for Friday, March 13 2026

    3/12/2026Senate
  15. 2nd reading, to Rules

    3/12/2026Senate
  16. reported favorably, 1st reading, to Calendar

    3/11/2026Senate
  17. to Natural Resources & Energy (S)

    3/9/2026Senate
  18. to Committee on Committees (S)

    2/23/2026Senate
  19. introduced in Senate

    2/23/2026Senate

Bill Text

  • Current

    3/13/2026

  • Introduced

    3/13/2026

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