Kansas 2025-2026 Regular Session

Kansas House Bill HB2226

Introduced
2/4/25  

Caption

Providing incumbent electric transmission owners a right of first refusal for the construction of certain electric transmission lines.

Summary

HB 2226 would give incumbent electric transmission owners in Kansas a right of first refusal to build, upgrade, own, and maintain certain high-voltage transmission lines that are included in a regional transmission organization’s transmission plan and approved for construction. In general, if a proposed line interconnects with facilities already owned or proposed by the incumbent owner, that owner gets the first opportunity to take the project, provided it timely notifies the regional transmission organization and satisfies Kansas certificate-of-convenience-and-necessity requirements under existing utility law. The bill also creates a special process for transmission lines with a need date of four years or more. For those projects, the incumbent owner may still claim the project, but it must issue a request for proposals and run a competitive bidding process overseen by an independent evaluator appointed by the Kansas Corporation Commission. The incumbent owner may bid on the work itself, but the construction contract must be competitively solicited. If the incumbent owner does not timely exercise its right, or is found unqualified by the regional transmission organization, another transmission entity may build the line if it obtains the necessary approvals. The bill preserves existing property rights and does not limit municipal utilities’ authority to construct, own, and maintain transmission facilities used to serve load requirements. It defines key terms such as “electric transmission line,” “incumbent electric transmission owner,” and “regional transmission organization,” and it would take effect upon publication in the statute book. The likely impact on Kansas law is to formalize a state-level right of first refusal for incumbent transmission owners, which could reduce opportunities for competitive entry on some transmission projects while giving existing utilities more certainty over projects tied to their systems. At the same time, the bill preserves a role for competitive bidding on longer-lead projects and leaves room for non-incumbent developers when the incumbent does not act or is not qualified. The overall sentiment reflected by the bill’s structure is supportive of incumbent utility interests and transmission planning stability, with no recorded committee debate or votes in the provided materials to show opposition or support. The main point of contention inherent in the bill is the balance between utility ownership rights and competition: incumbent utilities gain priority, while independent transmission developers may view the measure as limiting access to projects that would otherwise be open to competitive development. Municipal utilities are expressly protected from any unintended restriction, suggesting an effort to avoid conflict with local public power entities.

Impact

HB 2226 would amend Kansas utility law by creating a statutory right of first refusal for incumbent electric transmission owners on certain transmission projects approved in a regional transmission plan. It would interact with existing certificate-of-convenience-and-necessity requirements under K.S.A. 66-131 and add a new competitive bidding requirement for transmission lines with a need date of four years or more, overseen by the Kansas Corporation Commission through an independent evaluator. The bill also preserves municipal utility authority and existing property rights, while allowing other transmission entities to step in only when the incumbent does not timely act or is deemed unqualified.

Sentiment

No committee transcripts or recorded votes were provided, so there is no documented floor or committee sentiment to summarize. Based on the bill text and caption, the measure appears designed to favor incumbent transmission owners and utility system planning certainty, while still incorporating a limited competitive-bid process for longer-term projects. The absence of recorded opposition or support in the supplied materials means the public or legislative sentiment cannot be measured directly from the record provided.

Contention

The central policy dispute is between incumbent utility control and competitive transmission development. Supporters of the bill would likely favor giving existing transmission owners priority to build lines connected to their systems, arguing that it promotes reliability, coordination, and use of existing infrastructure. Opponents, especially independent transmission developers and advocates of open competition, may object that a right of first refusal reduces competitive access to projects and could limit cost savings from broader bidding. A secondary point of contention is the bill’s requirement for competitive bidding on projects with a need date of four years or more, which appears intended to temper the incumbent preference but may still be seen as insufficient by critics or burdensome by incumbents.

Companion Bills

No companion bills found.

Previously Filed As

KS SB6

Providing a sales tax exemption for sales of electricity to residential premises by municipally owned or operated utilities.

KS HB2003

Establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, modifying the definition of household income and increasing the appraised value threshold for eligibility of seniors and disabled veterans related to increased property tax claims and citing the section as the homeowners' property tax freeze program, providing property tax exemptions for certain personal property including watercraft, marine equipment, off-road vehicles, motorized bicycles and certain trailers, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value, providing for certain exclusions from the prohibition of paying taxes under protest after a valuation notice appeal and providing four prior years' values on the annual valuation notice.

KS SB2

Eliminating the income limit to qualify for the subtraction modification exempting social security benefits, increasing the income tax credit amount for household and dependent care expenses, establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, citing the increased property tax homestead refund claim section as the homeowners' property tax freeze program, decreasing the normal privilege tax rate, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the rate of ad valorem tax imposed by a school district; providing for certain transfers to the state school district finance fund, reducing the state rate of tax on sales of food and food ingredients and modifying the percent credited to the state highway fund from revenue collected.

KS SB8

Exempting the sale of firearms, firearms accessories, ammunition, firearm safes and firearm safety devices from the retatilers' sales tax.

KS HB2001

Authorizing the secretary of commerce to enter into agreements with major professional sports franchises to establish STAR bond projects for a major professional sports complex, providing for additional revenue sources, expanding the powers and discretion of the secretary and making other changes to the STAR bonds financing act to facilitate such projects, limiting the secretary’s authority to approve such projects to one year unless extended by the legislative coordinating council, authorizing the Kansas development finance authority to issue STAR bonds for such projects, transferring funds under certain circumstances from the state gaming revenues fund to the attracting professional sports to Kansas fund for the fiscal year ending June 30, 2025, and, if approved by the legislative coordinating council, for the fiscal year ending June 30, 2026.

KS SB1

Modifying income tax rates for individuals, exempting all social security benefits from Kansas income tax, increasing the Kansas standard deduction and the Kansas personal exemption, increasing the income tax credit amount for household and dependent care expenses, decreasing the privilege tax normal tax, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value for property tax valuation purposes, increasing the extent of property tax exemption for residential property from the statewide school levy, providing for certain transfers to the state school district finance fund and abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund.

KS SB4

Requiring all advance voting ballots be returned by 7:00 p.m. on election day.

KS SR1701

Providing for the organization of the Senate for the 2024 special session of the Legislature.

KS SCR1604

Proposing to amend section 1 of article 11 of the constitution of the state of Kansas to limit property tax valuation increases for real property and personal property mobile homes.

KS HR6001

Providing for the organization of the House of Representatives for the 2024 special session of the Legislature.

Similar Bills

IA SSB1113

A bill for an act relating to electric transmission lines approved by federally registered planning authority transmission plans including right of first refusal and land restoration requirements, and including effective date and applicability provisions.

WI AB25

An incumbent transmission facility owner’s right to construct, own, and maintain certain transmission facilities and Public Service Commission procedures if the transmission facility is a regionally cost-shared transmission line.

WI SB28

An incumbent transmission facility owner’s right to construct, own, and maintain certain transmission facilities and Public Service Commission procedures if the transmission facility is a regionally cost-shared transmission line.

IA HSB526

A bill for an act relating to land restoration following the initial construction of electric transmission lines.(See HF 2227.)

IA HF2227

A bill for an act relating to land restoration following the initial construction of electric transmission lines, and including effective date and retroactive applicability provisions. (Formerly HSB 526.) Effective date: 04/16/2026. Applicability date: 07/01/2024.

IL HB4823

TRANSMISSION OWNERSHIP ACT

CA AB59

Reclamation District No. 108: hydroelectric power.

MD HB829

Public Utilities - Transmission Lines - Advanced Transmission Technologies