FRANKFORT, Ky. (KT) – Two Kentucky lawmakers are hoping 2026 will be the year that a bill to remove the state mandate for fluoride in Kentucky’s drinking water finally crosses the finish line.
Rep. Mark Hart, R-Falmouth, has filed legislation similar to House Bill 16 from the 2025 legislative session nine times, he said. The bill did not become law this year but did receive House approval, 68-29. The measure was then assigned to the Senate Health Services Committee, but was never called before that panel.
Hart plans to carry the bill in the House, while Sen. Greg Elkins, R-Winchester, said he would file companion legislation in the Senate next year.
“The legislation simply undoes the unfunded mandate in the state of Kentucky that requires water producers to add fluoride to the water,” Hart said.
The newer version of the legislation from Hart would protect local water districts from civil and criminal liability, he said. The decision to add this provision to the bill is the result of conversations with water districts.
“One of the biggest concerns we heard was they were worried about possible litigation,” Hart said. “Doesn’t matter whether they keep fluoride in water or take it out, they are afraid they’re going to be sued with whatever decision is made.”
“We’re not promoting fluoride one way or another – good or bad,” Hart added. “We’re trying to steer away from that conversation, because that’s not what the legislation does. However, with some of the stuff in the media today, we thought it was necessary to give you a little bit of an education on the risks and benefits for it.”
Elkins said he considers the proposed legislation to be “permissive” rather than a requirement. “It’s more of a local control bill to me than anything else.”
The Kentucky General Assembly cannot take action on new bills until the 2026 legislative session begins on Jan. 6.
A draft of Hart’s proposed legislation can be found here.
Original article online at: https://www.kentuckytoday.com/news/2-lawmakers-consider-bill-to-remove-state-mandate-for-fluoride-in-drinking-water/article_49c03e9f-66cd-4f57-a13d-b8332c94e7e6.html