Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 16, 2025
The Honorable Leo Delperdang, Chairperson
House Committee on Energy, Utilities and Telecommunications
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Delperdang:
SUBJECT: Fiscal Note for HB 2108 by House Committee on Energy, Utilities and
Telecommunications
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2108 is
respectfully submitted to your committee.
HB 2108 would require the Kansas Corporation Commission in consultation with the
Department of Agriculture to establish and enforce a code of conduct and Agricultural Impact
Mitigation Protocol for the development, construction, operation and decommissioning of certain
large energy facilities in rural areas of the state. The bill would list certain requirements that would
be included in the code of conduct and Agricultural Impact Mitigation Protocol. The bill would
create a permit system and further provide for enforcement of penalties for violations of the bill
by the Kansas Corporation Commission not to exceed $10,000 per violation and remitted to the
state treasury for credit to the State General Fund.
Estimated State Fiscal Effect
FY 2025 FY 2026 FY 2027
Expenditures
State General Fund -- -- --
Fee Fund(s) -- $5,000 --
Federal Fund -- -- --
Total Expenditures -- $5,000 --
Revenues
State General Fund -- -- --
Fee Fund(s) -- $5,000 --
Federal Fund -- -- --
Total Revenues -- $5,000 --
FTE Positions -- -- -- The Honorable Leo Delperdang, Chairperson
Page 2—HB 2108
The Citizens’ Utility Ratepayer Board (CURB) indicates that enactment of the bill would
increase revenues in FY 2026 by $5,000 to establish the permit system and would increase
expenditures in FY 2026 by $5,000 for anticipated additional dockets regarding permit approval
for utilities. The agency anticipates using in-house staff to conduct most of the increase in
workload without the need to obtain specific consultants and does not anticipate long-term fiscal
effects. The Kansas Corporation Commission indicates that enactment of the bill would have no
fiscal effect as the Commission issued an order on January 23, 2025, that adopts guidelines for
transmission line siting criteria and priorities.
The Office of Judicial Administration indicates enactment of the bill could increase the
number of cases filed in district courts because it allows for appeals of Kansas Corporation
Commission orders to be filed. This would increase the time spent by district court judicial and
nonjudicial personnel in processing, researching, and hearing cases. The Office also states
enactment of the bill could result in the collection of docket fees in cases filed under the provisions
of the bill, which would be deposited in the State General Fund. However, the Office states that
until the Judicial Branch has had an opportunity to operate under the bill’s provisions, a fiscal
effect cannot be determined. Any fiscal effect associated with HB 2108 is not reflected in The FY
2026 Governor’s Budget Report.
The Kansas Association of Counties indicates enactment of the bill could decrease
expenditures or increase revenues for counties if the requirements ensure that large energy facility
operators have the funds to provide for environmental and other decommissioning concerns. The
League of Kansas Municipalities indicates that enactment of the bill would not have a fiscal effect
on operations.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Lynn Retz, Kansas Corporation Commission
Shonda Rabb, Citizens Utility Ratepayer Board
Wendi Stark, League of Kansas Municipalities
Jay Hall, Kansas Association of Counties
Lita Biggs, Department of Agriculture
Trisha Morrow, Judiciary