Bill > HB2728

This bill, known as the Kansas energy facility siting and permit certainty act, aims to streamline the process for approving and building energy facilities like power plants and storage systems by establishing uniform statewide standards set by the State Corporation Commission (SCC), which is the state agency responsible for regulating utilities and corporations. It clarifies that while local governments can still enforce reasonable land use rules, these rules cannot unduly burden or unreasonably delay energy projects, and any conflicts with state law will be resolved in favor of the state. The bill also imposes time limits on local governments for reviewing and acting on applications, generally requiring them to approve, approve with conditions, or deny an application within 120 days of accepting it as complete, and limits the duration of any local moratoriums (temporary suspensions) on accepting applications to 30 days without SCC approval, with a total maximum of 120 days unless further justified. Furthermore, it requires energy facilities to have a decommissioning plan, which details how the facility will be safely removed at the end of its life, and to maintain financial assurance, such as a bond or letter of credit, to cover the costs of this decommissioning. The bill also sets rules for judicial review of decisions, limiting who can challenge a decision to those with a direct interest and establishing venue for lawsuits, and prohibits SCC members and staff from engaging in private communications with applicants or opponents about the merits of a case unless disclosed on the public record.

Transportation and Infrastructure

Energy, Utilities and Telecommunications (H)

https://kslegislature.gov/li/b2025_26/measures/hb2728/