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2025 Regular Session Introduced by Chris Kannady

Prohibits Kansas utilities from permitting or using eminent domain for new electric transmission lines in DOE-designated NIETCs, unless a permit was approved before designation.

Second Reading referred to Rules

Summary — HB 2148 (Kansas version; introduced Jan. 28, 2025)

Note: multiple different bills numbered HB 2148 appear in the provided documents (Arizona and Illinois versions). This summary addresses the Kansas bill described by the fiscal note and the Kansas "As introduced" text (sponsors: Reps. Waymaster and Moser) — the bill whose title matches the DOE “national interest electric transmission corridor” topic.

Main purpose

To prohibit Kansas from permitting new electric transmission lines or using eminent domain to build transmission lines within any territory federally designated by the U.S. Department of Energy (DOE) as a National Interest Electric Transmission Corridor (NIETC), with a narrow exception for projects permitted before DOE designation.

Key provisions

Prohibits the Kansas Corporation Commission (KCC) from authorizing an electric public utility to apply for or obtain a transmission line siting permit under K.S.A. 66-1,177 et seq. if the proposed line would be located in an area designated by DOE as an NIETC (defined by DOE under section 216(a)(2) of the Federal Power Act).

Prohibits electric public utilities from exercising eminent domain (K.S.A. 17-618 and federal FPA §216(e)) to acquire land for constructing transmission lines in an NIETC.

Exception: eminent domain is permitted for lines in an NIETC if the transmission line siting permit was approved by the KCC before the DOE designated the corridor.

Defines terms: “electric transmission lines” (per K.S.A. 66-1,177) and “national interest electric transmission corridor” (as designated by DOE).

Amends K.S.A. 66-1,178 (siting process) and repeals the existing section; retains KCC hearing and decision timing provisions in that statute (public hearing within 90 days of filing; final order within 120 days).

Who is affected

Electric public utilities proposing new transmission facilities that would cross DOE-designated corridors.

Landowners within or near DOE-designated corridors (would be shielded from eminent domain for new projects post-designation, except for pre-approved permits).

Kansas Corporation Commission (permitting authority) and related stakeholders involved in transmission siting decisions.

Fiscal/procedural impact

Kansas Division of the Budget fiscal note: KCC and the Citizens’ Utility Ratepayer Board indicate no fiscal effect on their operations from enactment.

Legislative status (Kansas): Introduced Jan. 28, 2025; referred to House Committee on Energy, Utilities and Telecommunications.

Effective date: the act would take effect upon publication in the statute book (per the bill text).

Practical effect and considerations

The bill would effectively bar new state-authorized transmission siting and eminent-domain takings within any DOE-designated NIETC after the designation date, potentially impeding federal-prioritized regional transmission projects that traverse Kansas, unless the KCC had approved permits before DOE designation.

Interaction with federal authority: DOE NIETC designations arise under federal law (FPA §216). The bill asserts a state-level restriction affecting state permitting and condemnation powers; legal and jurisdictional interactions with federal preemption or federal siting authorities could arise in practice.