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Kansas House Bill HB2108

Kansas 2025-2026 Regular Session

Kansas House Bill HB2108 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2108
33 By Committee on Energy, Utilities and Telecommunications
44 Requested by Claudia Hissong on behalf of Kansas Farm Bureau
55 1-28
66 AN ACT concerning energy; relating to the state corporation commission;
77 requiring the commission to establish and enforce a code of conduct
88 and agricultural mitigation protocols for the development, construction,
99 operation and decommissioning of certain large energy facilities in
1010 rural areas of the state.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. As used in sections 1 through 4, and amendments thereto:
1313 (a) "Battery energy storage system" means an electrochemical device
1414 that is capable of absorbing and storing electrical energy and discharging
1515 such energy at a later time.
1616 (b) "Commercial battery energy storage system" means a battery
1717 energy storage system that can store and then discharge one megawatt or
1818 more of electrical energy over a one-hour duration.
1919 (c) "Commercial solar energy conversion system" means a solar
2020 energy conversion system that has a total system-rated generating capacity
2121 of one megawatt or more and all appurtenant facilities of such system,
2222 including, but not limited to, the solar collectors, battery storage units,
2323 substations and operations and maintenance buildings.
2424 (d) "Commission" means the state corporation commission.
2525 (e) "Electric transmission lines" means the same as defined in K.S.A.
2626 66-1,177, and amendments thereto.
2727 (f) "Large energy facility" means any:
2828 (1) Commercial battery energy storage system;
2929 (2) commercial solar energy conversion system;
3030 (3) electric transmission lines; or
3131 (4) wind energy conversion system.
3232 (g) "Large energy facility owner" means any person or entity that
3333 owns or operates a large energy facility and any employees, agents,
3434 contractors, subcontractors or assigns thereof, including any person or
3535 entity that seeks the necessary rights, permits or approvals for the
3636 construction and operation of a large energy facility regardless of whether
3737 such person or entity will own or operate the large energy facility after
3838 construction.
3939 (h) "Rural area" means any area located one mile or more outside of:
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7575 (1) The corporate limits of any city; or
7676 (2) any unincorporated area having a housing density of three
7777 dwelling units per acre or more.
7878 (i) "Solar energy conversion system" means any device, component
7979 or system required to convert solar energy into electric or thermal energy.
8080 (j) "Wind energy conversion system" means the same as defined in
8181 K.S.A. 66-1289, and amendments thereto.
8282 Sec. 2. (a) The commission, after consultation with the Kansas
8383 department of agriculture, shall establish a code of conduct and
8484 agricultural impact mitigation protocols for the development, construction,
8585 operation and decommissioning of large energy facilities in rural areas of
8686 the state.
8787 (b) The code of conduct shall, at a minimum, contain provisions that
8888 require each large energy facility owner to:
8989 (1) Be truthful and honest in all communications with landowners;
9090 (2) be transparent about the large energy facility project;
9191 (3) provide appropriate contact information for the large energy
9292 facility owner and any employees, agents, contractors, subcontractors or
9393 assigns thereof that are associated with the project;
9494 (4) ensure that all communications with landowners do not contain
9595 any threat or coercion;
9696 (5) abide by the request of any landowner who requests that the large
9797 energy facility owner, or any employees, agents, contractors,
9898 subcontractors or assigns thereof, vacate the landowner's property or cease
9999 communications with the landowner;
100100 (6) not disclose communications from a landowner unless such
101101 disclosure is otherwise agreed to in writing;
102102 (7) establish procedures to provide early and meaningful landowner
103103 involvement in the siting process for the large energy facility, including
104104 both public and private meetings with affected landowners and
105105 individuals;
106106 (8) provide and make accessible project maps to landowners and the
107107 public during the siting process;
108108 (9) establish procedures to consider and accept any landowner-
109109 requested micro-siting modifications to the project;
110110 (10) ensure that property appraisals and offers to landowners are
111111 consistent and based on the attributes and use of the land;
112112 (11) offer each landowner an amount that is greater than the fair
113113 market value of the property interest whenever the large facility owner
114114 possesses the authority of eminent domain for the project;
115115 (12) allow the landowner to elect to receive a one-time payment or
116116 annual payments for the life of the project for any payment made to the
117117 landowner that is associated with the acquisition of any property interest;
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161161 (13) compensate landowners for any and all damages to land and
162162 agricultural operations resulting from the development, construction,
163163 operation or decommissioning of the project and establish procedures to
164164 determine and calculate compensation for such damages;
165165 (14) establish an optional appeal process when the large energy
166166 facility owner's offer for the landowner's property interest is deemed
167167 inadequate by the landowner;
168168 (15) establish setbacks from residential and agricultural structures
169169 that are based on scientifically proven health and safety information;
170170 (16) remediate communication circuits that are diminished or
171171 disrupted due to communication interference caused by the project;
172172 (17) track the obligations that are owed to landowners based on the
173173 terms negotiated by landowners and provide a map of such obligations
174174 showing the energy company's obligations by each individual parcel of
175175 land;
176176 (18) establish a decommissioning plan that ensures infrastructure
177177 removal and land restoration when the project is retired or abandoned;
178178 (19) provide adequate financial assurance to ensure the full and
179179 complete decommissioning of the project and the completion of any wind-
180180 up activities; and
181181 (20) indemnify and hold harmless any affected landowner or tenant,
182182 and any heirs, successors, legal representatives or assigns thereof, from
183183 any and all liability associated with the development, construction,
184184 operation or decommissioning of the energy project, unless such liability
185185 arises from the intentional or willful acts of the indemnitee.
186186 (c) The agricultural impact mitigation protocols shall, at a minimum,
187187 contain provisions that require each large energy facility owner to:
188188 (1) Provide advance notice to and coordinate with any landowner or
189189 tenant whenever the large energy facility owner needs to access private
190190 property;
191191 (2) designate one or more contacts for the large energy facility owner
192192 who have experience in agriculture and who may be contacted by any
193193 landowner when any agricultural impact mitigation work is inferior;
194194 (3) establish standards for facilities and support structures to
195195 minimize the impact to agricultural land and operations;
196196 (4) establish procedures to mitigate and address any impacts to
197197 important agricultural improvements caused by the project, including, but
198198 not limited to, impacts to drainage tiles, terraces and irrigation systems and
199199 lightning and stray voltage mitigation measures;
200200 (5) establish soil protection measures, including, but not limited to,
201201 decompaction, fertilization, stabilization, repair damaged soil conservation
202202 and erosion prevention projects and removal of construction debris;
203203 (6) establish soil restoration measures that shall apply following
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247247 construction activities, operational activities and decommissioning
248248 activities, including, but not limited to, segregation and replacement of
249249 topsoil and reestablishment of the vegetative growth that existed prior to
250250 disturbance;
251251 (7) adhere to scientific standards for all agricultural impact mitigation
252252 work such as the standards established by the natural resources
253253 conservation service, the United States department of agriculture farm
254254 service agency, agricultural extension offices or land grant universities;
255255 (8) establish procedures for installation and maintenance of any
256256 necessary gates to the facility or facility structures;
257257 (9) for any project involving the electric transmission lines, construct
258258 the electric transmission lines with an adequate transmission line height to
259259 ensure that any existing agricultural operations may continue under and
260260 around the transmission line in a safe manner;
261261 (10) establish procedures for tree and brush removal, including, but
262262 not limited to, compensation for removal of trees with commercial value;
263263 (11) establish procedures for controlling noxious weeds and other
264264 growth within any lease or easement; and
265265 (12) provide compensation to any landowner or tenant for lost
266266 revenue when the landowner or tenant is forced to withdraw from any
267267 agricultural or conservation program due to the construction and operation
268268 of the large energy facility.
269269 Sec. 3. (a) On and after January 1, 2026, no large energy facility
270270 owner may begin site preparation for or construction of a large energy
271271 facility, or exercise the right of eminent domain to acquire any interest in
272272 land for the construction of such facility, in any rural area of the state until
273273 the large energy facility owner has obtained from the commission a code
274274 of conduct permit to construct the large energy facility. Whenever any
275275 large energy facility owner seeks to obtain such a permit, the large energy
276276 facility owner shall file an application with the commission that specifies:
277277 (1) The proposed location of the large energy facility;
278278 (2) that the large energy facility owner, and any employees, agents,
279279 contractors, subcontractors or assigns thereof, agrees to abide by and
280280 adhere to the code of conduct and agricultural impact mitigation protocols
281281 established by the commission pursuant to section 2, and amendments
282282 thereto, throughout the life and decommissioning of the project.
283283 (b) The commission may further condition such permit as the
284284 commission may deem just and reasonable to best protect the rights of all
285285 interested parties and the general public.
286286 (c) (1) In addition to any penalty established pursuant to the terms
287287 and conditions of any code of conduct permit issued by the commission
288288 pursuant to this section, upon complaint by a landowner or upon the
289289 commission's own motion, the commission may impose a civil penalty not
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333333 to exceed $10,000 upon finding that a large energy facility owner has
334334 violated the provisions of this act, the provisions of a code of conduct
335335 permit or any rule and regulation or order of the commission. Such penalty
336336 shall constitute an actual and substantial economic deterrent to the
337337 violation for which the penalty is assessed. In the case of a continuing
338338 violation, the commission may deem every day such violation continues as
339339 a separate violation.
340340 (2) No penalty shall be imposed pursuant to this subsection except
341341 upon the written order of the commission to the large energy facility owner
342342 who committed the violation. The order shall state the violation, the
343343 penalty imposed and the right to appeal such order to the commission. Any
344344 such facility owner, within 30 days after service of such order, may make
345345 written request to the commission for a hearing. The commission shall
346346 conduct a hearing in accordance with the provisions of the Kansas
347347 administrative procedure act within 30 days after receipt of such request.
348348 (3) Any large energy facility owner aggrieved by any order issued
349349 pursuant to this subsection may appeal such order in accordance with the
350350 provisions of the Kansas judicial review act.
351351 (4) The commission may order a large energy facility owner to pay
352352 any costs and reasonable attorney fees incurred by the commission in
353353 imposing and collecting any penalty pursuant to this subsection and may
354354 collect interest on any portion of such penalty, costs and attorney fees that
355355 remains unpaid more than 30 days after imposition, at the rate provided by
356356 K.S.A. 16-204, and amendments thereto, for interest on judgments.
357357 (5) All moneys received from penalties imposed and costs and
358358 attorney fees assessed pursuant to this section shall be remitted to the state
359359 treasurer in accordance with the provisions of K.S.A. 75-4215, and
360360 amendments thereto. Upon receipt of each such remittance, the state
361361 treasurer shall deposit the entire amount in the state treasury to the credit
362362 of the state general fund.
363363 Sec. 4. The commission may adopt rules and regulations to
364364 administer sections 1 through 3, and amendments thereto.
365365 Sec. 5. This act shall take effect and be in force from and after its
366366 publication in the statute book.
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