Read the full stored bill text
Session of 2026
SENATE BILL No. 531
By Committee on Federal and State Affairs
3-9
AN ACT concerning data centers; relating to the siting and development of
large load data centers; prohibiting the installation, placement,
construction or operation of any new large load data center in any
county that has had a drought emergency declared for such county
pursuant to the Kansas emergency management act within the
preceding three years; amending K.S.A. 2025 Supp. 19-101a and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As used in this section and section 2, and
amendments thereto:
(1) "Data center" means any facility, including any buildings,
equipment, structures or other items of a facility that are:
(A) Located on a single premises or on any contiguous and adjacent
premises;
(B) used by any person or entity to house computer and network
systems and infrastructure, including, but not limited to, associated
components such as servers, network equipment and appliances,
communications and data storage systems, systems for monitoring and
managing system and infrastructure performance, data communications
connections, environmental controls, cooling or heat removal systems, fire
protection systems and security systems and service; and
(C) operated for the primary purpose of providing for the storage,
management, processing and transferring of digital data.
(2) "Large load data center" means any data center that is reasonably
expected to have a monthly maximum electrical demand of 10 megawatts
or more.
(b) A new large load data center shall not be installed, placed,
constructed or operated within any county that has had a drought
emergency declared for such county pursuant to the Kansas emergency
management act, K.S.A. 48-924 et seq., and amendments thereto, within
the preceding three calendar years. The board of county commissioners of
any such county shall deny any installation, placement, construction or
operation of a new large load data center during any such three-calendar-
year period following the declaration of a drought emergency for such
county. The board of county commissioners of any such county may issue
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
SB 531 2
a moratorium to prohibit the installation, placement, construction or
operation of any such data center until the end of such three calendar year
period.
New Sec. 2. (a) Nothing in this act shall be construed to apply to any
large load data center that:
(1) Was installed, placed, constructed or operated on or before July 1,
2026; or
(2) was authorized to be installed, placed, constructed or operated by
a county or city prior to July 1, 2026, through:
(A) The issuance of a building, zoning or development permit that
authorizes the installation, placement, construction or operation of the
large load data center pursuant to zoning regulations;
(B) the issuance of a conditional or special use permit that authorizes
the installation, placement, construction or operation of the large load data
center notwithstanding zoning regulations; or
(C) the execution of a written agreement between the county or city
and the owner or operator of a large load data center that authorizes the
installation, placement, construction or operation of the large load data
center.
(b) Nothing in this act shall preempt or prohibit a county or city from
adopting or implementing planning and land use laws and regulations
pursuant to K.S.A. 12-741 et seq., and amendments thereto, or any other
statute that are more restrictive than the provisions of this act.
Sec. 3. K.S.A. 2025 Supp. 19-101a is hereby amended to read as
follows: 19-101a. (a) The board of county commissioners may transact all
county business and perform all powers of local legislation and
administration it that the board deems appropriate, subject only to the
following limitations, restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature which that
apply uniformly to all counties.
(2) Counties may not affect the courts located therein.
(3) Counties shall be subject to acts of the legislature prescribing
limits of indebtedness.
(4) In the exercise of powers of local legislation and administration
authorized under provisions of this section, the home rule power conferred
on cities to determine their local affairs and government shall not be
superseded or impaired without the consent of the governing body of each
city within a county which that may be affected.
(5) Counties may not legislate on social welfare administered under
state law enacted pursuant to or in conformity with public law No. 271 –
74th congress, or amendments thereof.
(6) Counties shall be subject to all acts of the legislature concerning
elections, election commissioners and officers and their duties as such
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 531 3
officers and the election of county officers.
(7) Counties shall be subject to the limitations and prohibitions
imposed under K.S.A. 12-187 through 12-195, and amendments thereto,
prescribing limitations upon the levy of retailers' sales taxes by counties.
(8) Counties may not exempt from or effect changes in statutes made
nonuniform in application solely by reason of authorizing exceptions for
counties having adopted a charter for county government.
(9) No county may levy ad valorem taxes under the authority of this
section upon real property located within any redevelopment project area
established under the authority of K.S.A. 12-1772, and amendments
thereto, unless the resolution authorizing the same specifically authorized
a portion of the proceeds of such levy to be used to pay the principal of
and interest upon bonds issued by a city under the authority of K.S.A. 12-
1774, and amendments thereto.
(10) Counties shall have no power under this section to exempt from
any statute authorizing or requiring the levy of taxes and providing
substitute and additional provisions on the same subject, unless the
resolution authorizing the same specifically provides for a portion of the
proceeds of such levy to be used to pay a portion of the principal and
interest on bonds issued by cities under the authority of K.S.A. 12-1774,
and amendments thereto.
(11) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-4601 through 19-4625, and amendments thereto.
(12) Except as otherwise specifically authorized by K.S.A. 12-1,101
through 12-1,109, and amendments thereto, counties may not levy and
collect taxes on incomes from whatever source derived.
(13) Counties may not exempt from or effect changes in K.S.A. 19-
430, and amendments thereto.
(14) Counties may not exempt from or effect changes in K.S.A. 19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.
(15) Counties may not exempt from or effect changes in K.S.A. 19-
15,139, 19-15,140 and 19-15,141, and amendments thereto.
(16) Counties may not exempt from or effect changes in the
provisions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c
and, 12-1226, and amendments thereto, or the provisions of K.S.A. 12-
1260 through 12-1270 and 12-1276, and amendments thereto.
(17) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-211, and amendments thereto.
(18) Counties may not exempt from or effect changes in the
provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto.
(19) Counties may not regulate the production or drilling of any oil or
gas well in any manner which that would result in the duplication of
regulation by the state corporation commission and the Kansas department
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 531 4
of health and environment pursuant to chapter 55 and chapter 65 of the
Kansas Statutes Annotated, and amendments thereto, and any rules and
regulations adopted pursuant thereto. Counties may not require any license
or permit for the drilling or production of oil and gas wells. Counties may
not impose any fee or charge for the drilling or production of any oil or gas
well.
(20) Counties may not exempt from or effect changes in K.S.A. 79-
41a04, and amendments thereto.
(21) Counties may not exempt from or effect changes in K.S.A. 79-
1611, and amendments thereto.
(22) Counties may not exempt from or effect changes in K.S.A. 79-
1494, and amendments thereto.
(23) Counties may not exempt from or effect changes in K.S.A. 19-
202(b), and amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A. 19-
204(b), and amendments thereto.
(25) Counties may not levy or impose an excise, severance or any
other tax in the nature of an excise tax upon the physical severance and
production of any mineral or other material from the earth or water.
(26) Counties may not exempt from or effect changes in K.S.A. 79-
2017 or 79-2101, and amendments thereto.
(27) Counties may not exempt from or effect changes in K.S.A. 2-
3302, 2-3305, 2-3307, 2-3318, 17-5904, 17-5908, 47-1219, 65-171d, 65-
1,178 through 65-1,199 , or 65-3001 through 65-3028, and amendments
thereto.
(28) Counties may not exempt from or effect changes in K.S.A. 80-
121, and amendments thereto.
(29) Counties may not exempt from or effect changes in K.S.A. 19-
228, and amendments thereto.
(30) Counties may not exempt from or effect changes in the Kansas
911 act.
(31) Counties may not exempt from or effect changes in K.S.A. 26-
601, and amendments thereto.
(32) (A) Counties may not exempt from or effect changes in the
Kansas liquor control act except as provided by paragraph (B).
(B) Counties may adopt resolutions which that are not in conflict
with the Kansas liquor control act.
(33) (A) Counties may not exempt from or effect changes in the
Kansas cereal malt beverage act except as provided by paragraph (B).
(B) Counties may adopt resolutions which that are not in conflict
with the Kansas cereal malt beverage act.
(34) Counties may not exempt from or effect changes in the Kansas
lottery act.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 531 5
(35) Counties may not exempt from or effect changes in the Kansas
expanded lottery act.
(36) Counties may neither exempt from nor effect changes to the
eminent domain procedure act.
(37) Any county granted authority pursuant to the provisions of
K.S.A. 19-5001 through 19-5005, and amendments thereto, shall be
subject to the limitations and prohibitions imposed under K.S.A. 19-5001
through 19-5005, and amendments thereto.
(38) Except as otherwise specifically authorized by K.S.A. 19-5001
through 19-5005, and amendments thereto, counties may not exercise any
authority granted pursuant to K.S.A. 19-5001 through 19-5005, and
amendments thereto, including the imposition or levy of any retailers' sales
tax.
(39) Counties may not exempt from or effect changes in K.S.A. 65-
201 and 65-202(a), (b), (d), (e) and (f), and amendments thereto.
(40) Counties may not exempt from or effect changes in the
provisions of section 1, and amendments thereto.
(b) Counties shall apply the powers of local legislation granted in
subsection (a) by resolution of the board of county commissioners. If no
statutory authority exists for such local legislation other than that set forth
in subsection (a) and the local legislation proposed under the authority of
such subsection is not contrary to any act of the legislature, such local
legislation shall become effective upon passage of a resolution of the
board and publication in the official county newspaper. If the legislation
proposed by the board under authority of subsection (a) is contrary to an
act of the legislature which that is applicable to the particular county but
not uniformly applicable to all counties, such legislation shall become
effective by passage of a charter resolution in the manner provided in
K.S.A. 19-101b, and amendments thereto.
(c) Any resolution adopted by a county which that conflicts with the
restrictions in subsection (a) is null and void.
Sec. 4. K.S.A. 2025 Supp. 19-101a is hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34