Session of 2025
SENATE BILL No. 266
By Committee on Federal and State Affairs
2-13
AN ACT concerning energy; relating to electric transmission development;
requiring legislative approval prior to the construction of high-impact
electric transmission lines; amending K.S.A. 66-1,177 and 66-1,178
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 66-1,177 is hereby amended to read as follows: 66-
1,177. As used in this act, the following terms shall have the meanings
ascribed to them herein:
(a) "Electric utility" means every public utility, as defined by K.S.A.
66-104, which and amendments thereto, that owns, controls, operates or
manages any equipment, plant or generating machinery for the production,
transmission, delivery or furnishing, of electricity or electric power;
(b) "Electric transmission lines line" means any line or extension of a
line which that is at least five (5) miles in length and which is used for the
bulk transfer of two hundred thirty (230) kilovolts or more of electricity;
(c) "Commission" means the state corporation commission.
(d) "High-impact electric transmission line" means any line or
extension of a line that is at least 10 miles in length and used for the bulk
transfer of 340 kilovolts or more of electricity.
Sec. 2. K.S.A. 66-1,178 is hereby amended to read as follows: 66-
1,178. (a) No electric utility may begin site preparation for or construction
of an electric transmission line, or exercise the right of eminent domain to
acquire any interest in land in connection with the site preparation for a
construction of any such line without:
(1) First acquiring a siting permit from the commission; and
(2) if such line is a high-impact electric transmission line, also
acquiring the approval of the legislature in accordance with subsection
(c).
(b) (1) Whenever any electric utility desires to obtain such a siting
permit, the utility shall file an application with the commission setting
forth therein that the utility proposes to construct an electric transmission
line and specifying:
(1) (A) The proposed location thereof;
(2)(B) the names and addresses of the landowners of record whose
land or interest therein is proposed to be acquired in connection with the
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construction of or is located within 660 feet of the center line of the
easement where the line is proposed to be located; and
(3)(C) such other information as may be required by the commission.
(b)(2) Upon the filing of an application pursuant to this subsection
(a), the commission shall fix a time for a public hearing on such
application, which shall be not more than 90 days after the date the
application was filed, to determine the necessity for and the reasonableness
of the location of the proposed electric transmission line. The commission
shall fix the place for hearing, which shall be in one of the counties
through which the electric transmission line is proposed to traverse.
(c)(3) The commission may conduct an evidentiary hearing on an
application filed pursuant to this section at such time and place as the
commission deems appropriate.
(d)(4) The commission shall issue a final order on the application
within 120 days after the date that the application was filed.
(c) (1) In addition to obtaining a siting permit from the commission, a
high-impact electric transmission line shall not be constructed anywhere
in the state without the electric utility first obtaining the approval of the
legislature. Within 30 days following the commission's issuance of a siting
permit for a high-impact electric transmission line, the electric utility
proposing such transmission line shall submit written notice of the
issuance of such transmission line siting permit to the legislature. Such
notice shall contain:
(A) A description of the high-impact electric transmission line
proposal and the proposed location and route thereof;
(B) the reason for such high-impact transmission line proposal;
(C) a copy of the application submitted to the commission pursuant
to subsection (b);
(D) a copy of the commission's order granting the transmission line
siting permit; and
(E) any other information that the electric utility deems necessary or
relevant.
(2) Legislative approval is granted when the legislature adopts a
concurrent resolution to approve the construction of the high-impact
electric transmission line at any time. Failure to adopt a concurrent
resolution within a certain amount of time shall not be construed to
provide any such legislative approval.
Sec. 3. K.S.A. 66-1,177 and 66-1,178 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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