{"data":{"id":"us-ky/krs-278.216","jurisdiction":"us-ky","citation":"KRS 278.216","heading":"Site compatibility certificate -- Site assessment report -- Commission action","body":"on application.\n(1) Except for a utility as defined under KRS 278.010(9) that has been granted a\ncertificate of public convenience and necessity prior to April 15, 2002, no utility\nshall begin the construction of a facility for the generation of electricity capable of\ngenerating in aggregate more than ten megawatts (10MW) without having first\nobtained a site compatibility certificate from the commission.\n(2) An application fo r a site compatibility certificate shall include the submission of a\nsite assessment report as prescribed in KRS 278.708(3) and (4), except that a utility\nwhich proposes to construct a facility on a site that already contains facilities\ncapable of generati ng ten megawatts (10MW) or more of electricity shall not be\nrequired to comply with setback requirements established pursuant to KRS\n278.704(3). A utility may submit and the commission may accept documentation of\ncompliance with the National Environmental Policy Act (NEPA) rather than a site\nassessment report.\n(3) The commission may deny an application filed pursuant to, and in compliance with,\nthis section. The commission may require reasonable mitigation of impacts\ndisclosed in the site assessment report including planting trees, changing outside\nlighting, erecting noise barriers, and suppressing fugitive dust, but the commission\nshall, in no event, order relocation of the facility.\n(4) The commission may also grant a deviation from any applicable setback\nrequirements on a finding that the proposed facility is designed and located to meet\nthe goals of this section and KRS 224.10 -280, 278.010, 278.212, 278.214, 278.218,\nand 278.700 to 278.716 at a distance closer than those provided by the applicable\nsetback requirements.\n(5) Nothing contained in this section shall be construed to limit a utility's exemption\nprovided under KRS 100.324.\n(6) Unless specifically stated otherwise, for the purposes of this section, \"utility\" has\nthe same meaning as in KRS 278.010(3)(a) or (9).","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14078","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:29Z","sha256":"df2b8c4d3de895b212ef4f3579220bd0d187f1462571802909fa8b87b3f4b9f7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.214","next":"us-ky/krs-278.218"},"notice":"GroundRules: Original legal text. Not legal advice."}