STAFF REPORT
Glasgow News 1
Kentucky Agriculture Commissioner Jonathan Shell is urging Gov. Andy Beshear to declare an energy emergency and temporarily ease state fuel rules as farmers face what he calls sky-high diesel prices during the 2026 fall harvest season.
In a letter addressed to Beshear, Shell says it is his duty as agriculture commissioner to promote the interests of agriculture and horticulture across the commonwealth.
He writes that the current cost of diesel fuel is creating an emergency for farmers as they work through the fall harvest.
Shell’s letter points to President Donald Trump’s declaration of a National Energy Emergency, which he says is in effect through at least Jan. 20, 2027.
According to Shell, governors in Texas, Nebraska and Louisiana have already declared their own states of emergency in response.
He says those governors have used emergency powers to suspend statutes that normally prohibit the use of untaxed diesel fuel in farm vehicles on public highways.
Shell argues that Beshear has similar authority under Kentucky law.
He cites KRS 39A.020, which defines a disaster and a declared emergency, and says the president’s federal declaration would allow the governor to declare a related energy emergency in Kentucky.
If Beshear took that step, Shell says KRS 39A.180 would allow the governor, with the consent of the attorney general, to suspend KRS 138.502.
That statute currently prohibits the use of untaxed or dyed diesel fuel on public highways, including in farm vehicles.
Shell writes that suspending KRS 138.502 for the remainder of the 2026 fall harvest season, specifically for harvesting and transporting agricultural products, would provide meaningful relief.
He says transportation costs are one factor in the price of food and warns that higher transportation expenses can lead to higher food prices.
By lowering the fuel costs associated with moving agricultural commodities to market, Shell says both farmers and consumers could benefit through lower prices and improved margins.
Shell closes the letter by saying he is committed to working with Beshear in any way that serves Kentucky’s agricultural community and citizens more broadly.
Key Facts
– Kentucky Agriculture Commissioner Jonathan Shell sent a letter to Gov. Andy Beshear about diesel costs
– Shell says farmers face sky-high diesel prices during the 2026 fall harvest season
– He asks Beshear to declare an energy emergency in Kentucky
– Shell cites President Donald Trump’s National Energy Emergency declaration
– He notes similar emergency actions in Texas, Nebraska and Louisiana
– Shell urges a temporary suspension of KRS 138.502 on untaxed or dyed diesel
– The request would allow untaxed diesel in farm vehicles on public highways for this harvest
– Shell says the move could reduce transportation costs and help stabilize food prices
– The governor’s response to the request was not included in the letter text
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