Kansas HB 2728: Requiring the department of administration to raze the Docking state office building and preserve the existing energy center of the building.

Bill Text

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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