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Session of 2026
HOUSE BILL No. 2728
By Committee on Energy, Utilities and Telecommunications
Requested by Representative Hoheisel on behalf of Consumer Energy Alliance
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AN ACT concerning energy; relating to the siting and permitting of certain
energy facilities; requiring the state corporation commission to
establish uniform siting and permitting standards for such energy
facilities; establishing requirements and timelines for local government
actions relating to such energy facilities; requiring such energy
facilities to establish a decommissioning plan and maintain financial
assurance; prohibiting the imposition of requirements that impose an
undue burden on the construction of an energy facility; establishing
requirements for judicial review of agency actions and actions of local
governments; prohibiting the commission from engaging in ex parte
communications with energy facility applicants or opponents and
requiring disclosure thereof; authorizing the commission to adopt rules
and regulations.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This act shall be known and may be cited as the Kansas
energy facility siting and permit certainty act.
Sec. 2. (a) The legislature finds that energy facility siting and
permitting processes should be transparent, timely, predictable and based
on objective standards.
(b) The purpose of this act is to:
(1) Ensure timely, transparent and predictable siting and permitting of
energy facilities that are necessary to meet state energy, reliability and
economic goals;
(2) provide a uniform standard governing the processing and review
of energy facility applications to avoid unnecessary delay, duplication and
inconsistent rules;
(3) preserve lawful local health, safety and environmental protections
that are not unreasonably burdensome; and
(4) prevent regulatory arbitrage and forum-shopping that frustrates
timely project review.
(c) This act shall not be construed to preempt or eliminate local land
use regulations and controls or alter, limit or supersede the authority of the
federal energy regulatory commission under federal law.
Sec. 3. As used in this act:
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(a) "Applicant" means any person, corporation, partnership,
association, limited liability company, cooperative or governmental entity
seeking authorization to site, permit, construct or operate an energy
facility.
(b) "Complete application" means the submission of materials
identified by applicable statute or local ordinance or resolution that are
reasonably necessary to evaluate the project's conformity with local
standards.
(c) "Decommissioning" means the removal of all aboveground
physical material related to a commercial wind energy facility, a
commercial solar energy facility or energy storage system, except for
supporting facilities if removal of such supporting facilities has been
waived by the owner of the property on which such material is located and
underground collector circuit facilities and any physical material located
36 inches or more below ground level.
(d) "Energy facility" means any electric generation facility, energy
storage facility or energy conversion facility and any associated substation
or electric transmission generation tie line, including electric transmission
facilities subject to review under K.S.A. 66-1,178, and amendments
thereto.
(e) "Local government" means a county, city, township or other
political subdivision of the state with land use, zoning or local permitting
authority.
(f) "Moratorium" means an ordinance, resolution or other local
government action that forbids or suspends receiving, processing or
approving applications for energy facilities for a specified or unspecified
period of time.
Sec. 4. (a) No person or entity shall commence construction of an
energy facility within the state unless such person or entity has obtained
any certificate, permit or approval required pursuant to this act or any
other law, rule and regulation or local land use regulations and controls.
(b) Energy facilities shall be constructed, operated and maintained in
accordance with the terms of such certificate, permit or approval.
Sec. 5. (a) No local government shall adopt a moratorium applicable
to applications for energy facilities for longer than 30 days without
approval of the state corporation commission. Any moratorium exceeding
30 days shall be justified in writing, based on a showing of an imminent
threat to public health or safety and approved by the state corporation
commission following notice to the public and an opportunity for public
comment.
(b) No moratorium, including any extensions or renewals thereof,
shall remain in effect for more than 120 days in total duration unless
specifically authorized by the state corporation commission upon a finding
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of continuing necessity and substantial progress toward completion of the
approved work plan.
(c) As a condition of approval for any moratorium exceeding 30 days,
the local government shall submit to the state corporation commission a
work plan and timeline outlining specific actions to be undertaken during
the moratorium period, including drafting, amending or adopting
ordinances, conducting studies or performing public engagement. The
work plan shall identify key milestones and expected completion dates.
(d) The state corporation commission may revoke or modify the
commission's prior approval of a moratorium if the local government fails
to make reasonable progress consistent with the approved timeline or the
justification for the moratorium no longer exists.
(e) No moratorium shall apply retroactively to invalidate rights or
approvals vested under state law or under an application that was complete
and on file prior to adoption of the moratorium, unless otherwise required
by a court of competent jurisdiction.
Sec. 6. (a) Energy facility siting and permitting shall be governed by
uniform statewide standards established by the state corporation
commission through rules and regulations adopted by the commission.
(b) Local governments may adopt and enforce reasonable land use
regulations and controls applicable to energy facilities if such regulations
and controls:
(1) Are not inconsistent with state law or the rules and regulations of
the state corporation commission;
(2) do not impose requirements that effectively prohibit or
unreasonably delay development of energy facilities; and
(3) are supported by written findings based on objective and
nondiscriminatory criteria.
(c) Where a conflict exists between a local requirement and any
applicable law or rule and regulation, the state law or rule and regulation
shall control.
Sec. 7. (a) A local government may temporarily suspend acceptance
or processing of applications for energy facilities for a period not to exceed
30 days.
(b) Any suspension exceeding 30 days shall be:
(1) Supported by written findings demonstrating a specific and
imminent threat to public health or safety; and
(2) submitted to the state corporation commission for review.
(c) The state corporation commission may determine that an extended
suspension is not justified and may direct the local government to resume
processing of applications.
Sec. 8. (a) Upon receipt of a complete application for the construction
of an energy facility, a local government shall:
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(1) Accept or reject the application for completeness within 30 days;
and
(2) if accepted for completeness, approve, approve with conditions or
deny the application within 120 days of such acceptance.
(b) A local government may grant one extension of not more than 60
days upon written notice to the applicant specifying the reasons that
additional technical review is required. The state corporation commission
may toll these periods for good cause as defined pursuant to rules and
regulations adopted by the commission.
(c) Failure of a local government to act within the time frames
established in this section shall allow the applicant to request a review by
the state corporation commission.
(d) Each local government shall publish a checklist of the steps and
documents that are necessary for a complete application. Such checklist
shall be published on the local government's website on or before October
1, 2026, and shall be updated as may be necessary to reflect any
subsequent revisions to such checklist. If a local government does not
maintain a website, the checklist shall be provided to an applicant not later
than five days after the local government's receipt of an application. If a
checklist is not provided within the applicable timeframe, the application
shall be deemed complete for purposes of initiating review timelines under
this act.
Sec. 9. (a) As a condition of any certificate, permit or approval under
this act with respect to an energy facility, an applicant shall submit a
decommissioning plan demonstrating the applicant's ability to safely and
timely decommission the energy facility at the end of such energy facility's
useful life. The decommissioning plan shall include:
(1) A description of decommissioning activities to be undertaken,
including the removal of aboveground equipment and site restoration
measures;
(2) a projected timeline for commencement and completion of
decommissioning;
(3) an estimate of the actual and necessary costs to complete
decommissioning, net of reasonable anticipated salvage value; and
(4) a description of the financial assurance mechanism proposed
pursuant to subsection (e).
(b) An energy facility shall be presumed to have reached the end of
such energy facility's useful life when the such energy facility fails to
generate, store or transmit electricity for a continuous period of 360 days.
Upon application by the energy facility owner, the state corporation
commission or applicable local government shall grant reasonable
extensions of such time upon a showing of good faith efforts to restore the
energy facility to service within a reasonable timeframe.
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(c) When decommissioning is required pursuant to this act:
(1) Decommissioning activities shall commence not later than 360
days after the energy facility is determined to have reached the end of such
energy facility's useful life; and
(2) decommissioning shall be completed not later than 540 days after
such determination unless extended for good cause.
(d) Decommissioning shall include the removal of aboveground
physical materials associated with the energy facility and restoration of the
site to a condition reasonably comparable to such energy facility's
preconstruction use, except if an affected landowner has entered into a
written agreement for alternate decommissioning requirements.
Underground facilities located 36 inches or more below ground may
remain in place unless removal is required by contract or environmental
law.
(e) The state corporation commission or applicable local government
may require reasonable financial assurance to ensure the availability of
funds necessary to complete decommissioning. Financial assurance may
be provided at the energy facility owner's election or by bond, escrow
account, irrevocable letter of credit, parent guaranty or other commercially
reasonably instrument. The financial assurance shall not exceed the
estimated actual and necessary cost of decommissioning, net of salvage
value. The state corporation commission or applicable local government
may require that the financial assurance cost estimate be prepared by a
qualified third party with relevant expertise. The state corporation
commission or applicable local government may review and adjust the
amount of financial assurance not more than once every five years to
reflect material changes in estimated decommissioning costs.
(f) If an energy facility owner fails to complete decommissioning
pursuant to this section, the state corporation commission or applicable
local government may access the financial assurance solely for the purpose
of completing decommissioning activities.
(g) Upon completion of decommissioning, the energy facility owner
shall file a notice of completion with the state corporation commission or
applicable local government not later than 90 days following the
completion of decommissioning.
(h) A local government may impose reasonable decommissioning
requirements applicable to energy facilities, if such requirements are
consistent with this section and do not materially conflict with statewide
standards and rules and regulation established pursuant to this act.
Sec. 10. (a) Any local requirement imposed by any regulation,
ordinance, condition or permit that imposes an undue burden on an energy
facility shall be subject to review by the state corporation commission. A
local requirement imposes an undue burden on an energy facility if:
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(1) The local requirement has the effect of prohibiting, unreasonably
delaying or unreasonably increasing the cost of an energy facility;
(2) the local requirement is not supported by substantial evidence in
the administrative record demonstrating a legitimate, material public
health, safety or environmental objective;
(3) there is a reasonable, less burdensome alternative that would
accomplish the legitimate objective;
(4) the local requirement conflicts with state laws or rules and
regulations governing energy facility siting; or
(5) the local requirement discriminates against an energy facility on
the basis of energy source or technology type without a demonstrated and
material justification related to site-specific impacts.
(b) A local requirement that is neutral, generally applicable and
supported by substantial evidence of a legitimate public interest shall not
be deemed to create an undue burden on an energy facility solely because
such requirement increases compliance costs.
(c) If the state corporation commission finds that any such local
requirement imposes an undue burden on an energy facility or
substantially conflicts with state law or the rules and regulations of the
commission, the commission may:
(1) Order the local requirement unenforceable as applied to the
project;
(2) issue uniform conditions applicable to the project that address the
conflict; or
(3) require the local government to amend or reconsider the local
requirement within a specific time period consistent with state standards.
(d) When a project raises issues beyond the technical or regulatory
expertise of the local government, including, but not limited to, electric
system reliability or regional transmission impacts, the state corporation
commission shall have authority to resolve such issues under applicable
state standards.
(e) If a court finds that a local requirement imposes an undue burden,
relief may include invalidation of the requirement as applied to the project,
appropriate injunctive relief or such other relief as authorized by law.
Sec. 11. (a) Only persons or entities with a direct, substantial and
legally protectable interest affected by a siting decision shall have standing
to intervene in any state or local energy facility siting proceeding or to
seek judicial review.
(b) In determining standing, a court shall consider whether the person
or organization demonstrates that:
(1) The person or organization's own interests, or those of its
members, will be directly and specifically affected by the proposed
project;
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(2) the alleged injury is concrete and particularized, and not abstract,
generalized or purely ideological; and
(3) the alleged injury is fairly traceable to the challenged action and
capable of redress by the court.
(c) Venue for judicial review shall be in the county where the
proposed energy facility is located. A person or organization seeking to file
or intervene in such an action outside such county shall demonstrate a
direct and substantial connection to the county in which venue is sought.
(d) The state corporation commission may request consolidation of
related actions and transfer of venue to promote judicial efficiency and
avoid inconsistent rulings.
(e) If the court determines that an action lacks standing or is frivolous
or brought primarily for purposes of delay, the court may award costs as
otherwise authorized by law.
(f) Nothing in this section shall prohibit or limit preapplication
meetings or coordination between an applicant and the state corporation
commission.
(g) Any decision or order of the state corporation commission issued
pursuant to this act shall be subject to review in accordance with the
Kansas judicial review act. In any judicial review of any decision or order
of the state corporation commission, the court shall review factual
determinations of the state corporation commission under the substantial
evidence standard of review. Questions of law shall be reviewed de novo.
(h) In any such judicial review, a court may order declaratory or
injunctive relief, modification of local conditions or such other relief as
authorized by law.
Sec. 12. (a) Except as otherwise provided in subsection (b), members
of the state corporation commission and staff who serve a substantive role
in a contested case or adjudicatory decision-making process shall not
engage in ex parte communications with applicants or opponents, or any
agents thereof, regarding the merits of a pending matter unless the
communication is:
(1) Disclosed on the public record at the next convened hearing or
meeting; and
(2) reduced to writing and included in the administrative record.
(b) Ministerial scheduling, administrative clarifications or procedural
communications are permitted if promptly placed on the public record and
summarized at the next public meeting. Technical exchanges that do not
involve advocacy on contested substantive issues may occur between
commission staff and applicants but shall be documented in the
administrative record.
(c) Any such commissioner or staff member who receives an
undisclosed, ex parte substantive communication shall disclose the
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communication on the record. Upon a showing of prejudicial influence,
the commissioner or staff member may be disqualified from further
participation in the proceeding.
(d) The state corporation commission shall maintain an administrative
record for each proceeding. To the extent practicable and consistent with
the Kansas open records act, the record shall be made available to the
public and include submissions, written communications, hearing
transcripts, exhibits, staff reports, technical studies and disclosed ex parte
communications.
(e) Nothing in this section authorizes communications or
deliberations that would otherwise violate the Kansas open meetings act.
All substantive deliberations involving a quorum of the state corporation
commission shall occur in a publicly noticed meeting in compliance with
applicable law.
Sec. 13. An applicant for an energy facility shall file with the state
corporation commission any relevant state or federal environmental review
documents, including federal national environmental policy act documents
to the extent applicable. The state corporation commission may coordinate
review of such materials to reduce duplication and meet statutory
deadlines to the extent consistent with state and federal law.
Sec. 14. The state corporation commission shall adopt rules and
regulations to administer the provisions of this act and establish uniform
statewide standards for the siting and permitting of energy facilities.
Sec. 15. If any provision of this act or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of this act that can be given effect without the
invalid provision or application, and to this end, the provisions of this act
are declared to be severable.
Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.
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