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SB 178

AN ACT relating to environmental administrative regulations.

2026 Regular Session Introduced by Greg Elkins and 3 co-sponsors

SB 178 tightens Kentucky environmental rules to match federal standards and require best available science and evidence, with clear causal links for health rules.

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Bill Summary · SB 178

Summary of SB 178 (2026) - Kentucky

Purpose and intent

SB 178 proposes new constraints on environmental administrative regulations in Kentucky. The bill requires that, for administrative regulations establishing applicable environmental requirements, the state’s rules not exceed federal standards and must be supported by the best available science (BAS) and weight of the scientific evidence. When no federal counterpart exists, BAS and scientifically defensible practices must underpin the regulation, and technology must be achievable at the applicable scale. The overall aim is to ensure state environmental rules align with federal standards and are grounded in robust, verifiable science.

Key provisions

  • Definitions (Section 1): The bill defines several terms to guide regulatory standards, including:

    • Applicable environmental requirement
    • Best available science (BAS)
    • Generally accepted scientific or technical practices
    • Manifest bodily harm
    • Refereed journal
    • Weight of scientific evidence

  • Stringency and alignment with federal law (Subsection 2(a), 2(b)):

    • Any administrative regulation setting an applicable environmental requirement shall not be more stringent or expansive than federal law/regulation on a substantially similar topic.
    • If no federal law/regulation exists on a similar topic, the regulation must be based on BAS and weight of scientific evidence and must be technologically achievable at the applicable scale.

  • Human health protection requirements (Subsection 2(c)):

    • For health-, safety-, or welfare-related regulations, BAS and weight of evidence must show a direct causal link between exposure at or above specified standards and manifest bodily harm in humans, using accepted practices.
    • If direct human data are lacking, animal or cell studies may be used to establish a causal link, provided extrapolation to humans is scientifically sound.

  • Exclusions (Section 3):

    • The section does not apply to regulations required by federal law, those that are less stringent than federal standards, repeals/amendments that reduce stringency, or emergency regulations.

  • Non-override provisions (Section 4): The bill’s section does not replace or conflict with other provisions in Kentucky’s environmental law framework.

  • Effective date (Section 5): The requirements apply to administrative regulations proposed or adopted on or after the Act’s effective date.

Who/what would be affected

  • State agencies that promulgate administrative regulations under Kentucky chapters cited (39E, 109, 146, 151, 211, 224, 350) would be impacted.
  • Proposed and existing environmental regulations would be governed by BAS, weight of evidence, and alignment with federal standards where applicable.
  • Industries and stakeholders affected by environmental regulations may experience changes in how standards are developed, justified, and implemented, particularly if BAS-based evidence or extrapolations from animal/cell studies are used.

Procedural and timeline aspects

  • The act specifies that its requirements apply to regulations proposed or adopted on or after the act’s effective date.
  • The bill has been advanced through committee processes in the Kentucky General Assembly with recommittal noted, indicating ongoing legislative consideration.

Overall impact

SB 178 seeks to tighten Kentucky’s environmental rulemaking to be more tightly aligned with federal standards and rigorous science. It elevates the evidentiary standard (BAS and weight of evidence) and requires demonstrable causal links for health-based regulations, while providing clear exclusions and maintaining overall alignment with existing law.

Compiled from official sources — confirm details with the bill’s official record.

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