Kansas House Bill HB2154

Kansas 2023-2024 Regular Session

• Introduced: 1/24/23
• Refer: 1/24/23
• Refer: 2/17/23
• Refer: 3/1/23
• Failed: 4/30/24

Caption

Providing for the statewide election of commissioners of the state corporation commission, establishing the utilities regulation division in the office of the attorney general, requiring such division to represent and protect the collective interests of utility customers in utility rate-related proceedings and exempting the state corporation commission from the open meetings act.

Impact

In addition to modifying how commissioners are chosen, HB2154 creates a specific utilities regulation division within the office of the attorney general. This division is tasked with representing the collective interests of utility customers during rate-related proceedings. Such a structural change is intended to bolster customer advocacy and ensure that the state effectively balances the interests of various stakeholders, including residential, business, and industrial customers. The bill also amends several existing K.S.A. statutes to accommodate these changes, potentially leading to a transformation in how public utility rates are established and adjusted.

Summary

House Bill 2154 focuses on the regulation and oversight of public utilities in Kansas. A significant change proposed by the bill is the establishment of a statewide election mechanism for members of the state corporation commission, which governs public utilities. This shift from appointment to election aims to enhance accountability and public engagement in the regulatory process. The elections for the commissioners will occur on a staggered schedule starting in 2024. This move has been presented as a way to ensure that utility regulation reflects the interests and needs of the public while simultaneously providing a mechanism for voters to hold their representatives accountable.

Contention

Notable points of contention surrounding the bill have included concerns over the efficacy of placing utility regulation into the hands of elected officials versus appointed professionals. Advocates argue that elections will increase transparency and accountability, while critics fear that politicizing utility regulation could lead to decisions based on popularity rather than sound policy. Additionally, the ability of the attorney general's office to advocate on behalf of consumers in rate proceedings is another focal point, with discussions about the adequacy of resources and expertise needed to effectively perform this role. Overall, the dialogue around HB2154 suggests a fundamental shift in public utility regulation that will likely have significant implications for both the utilities themselves and the consumers they serve.