FRANKFORT — Republicans in the Kentucky Senate approved a bill Thursday that would exempt a taxpayer-funded commission that state lawmakers are looking to for advice on energy policy from Kentucky’s Open Records Act.
Senate Bill 100, primarily sponsored by Sen. Robby Mills, R-Henderson would exempt “information, records, data, files, documents, or correspondence” created by the Energy Planning and Inventory Commission, or EPIC.
The GOP-controlled legislature created EPIC in 2024 to review utilities’ plans to retire fossil fuel-fired power plants, along with analyzing the state’s electricity supply, demand and infrastructure.
Mills on Thursday reiterated arguments he made in a legislative committee this week, saying EPIC needed to be shielded from the open records law to allow utilities to share confidential and sensitive information. Environmental and open government advocates have warned it would allow an arm of state government to operate in secrecy.
The Senate passed SB 100 by a vote of 29-6, all Democrats in the minority opposing. Sen. Lindsey Tichenor, R-Smithfield, voted to “pass” on the bill.
SB 100 would also remove appointments made by Democratic Gov. Andy Beshear to a powerful executive committee within EPIC and give them to Republican Attorney General Russell Coleman. Mills said giving the appointments to Coleman would ensure there are “less politics in the room when we are making decisions about Kentucky’s energy future.”
A Beshear spokesperson had called SB 100 an unconstitutional attempt to strip power from a Democratic governor and give it to a Republican officeholder. One Democratic senator echoed those sentiments, saying he was frustrated by seeing bills cutting into the “inherent power” of the governor.
“To see many bills that come through that want to pick at and try to weaken his power, I think, Mr. President, it’s just wrong,” said Sen. Reggie Thomas, D-Lexington, speaking to the Senate President.
Republicans pushed back on Thomas’ comments, with one senator arguing the governor has “few enumerated powers” and accusing Beshear of not cooperating “with the will of the people’s body.”
“We have had to find ways to effectuate the will of the people that may not involve the governor of the Commonwealth of Kentucky,” said Sen. Phillip Wheeler, R-Pikeville.
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Liam Niemeyer covers government and policy in Kentucky and its impacts throughout the Commonwealth for the Kentucky Lantern. He most recently spent four years reporting award-winning stories for WKMS Public Radio in Murray.
