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SB 531

Prohibiting the development or operation of any new large load data center in a county that has had a drought emergency declared for such county pursuant to the Kansas emergency management act within the preceding three years.

2025-2026 Regular Session

Prohibits new large load data centers in counties that had a drought emergency in the prior three years.

Died in Committee
#counties #water
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Bill Summary · SB 531

Summary of SB 531 (2025-2026, Kansas)

Purpose and intent

SB 531 seeks to regulate the siting and development of large load data centers in Kansas. Specifically, it prohibits the installation, placement, construction, or operation of any new large load data center in a county that has had a drought emergency declared for that county under the Kansas Emergency Management Act within the preceding three calendar years. The bill aims to limit the concentration of large data-center development in drought-affected counties.

Key provisions

  • Definitions (New Section 1):

    • “Data center” = facility and accompanying structures and equipment used to house computer and network systems, including servers, cooling, security, and data storage systems, with the primary function of storing, managing, processing, and transferring digital data.
    • “Large load data center” = data center with a monthly maximum electrical demand of 10 megawatts or more.

  • Prohibition on new large load data centers (New Sec. 1(b)):

    • Prohibits installation, placement, construction, or operation of any new large load data center in any county that experienced a drought emergency within the prior three calendar years.
    • County boards of commissioners must deny such proposals and may issue a moratorium ending after the three-year window.

  • Transitional and saving provisions (New Sec. 2):

    • Exempts:
    • Data centers installed, placed, constructed, or operated on or before July 1, 2026.
    • Projects authorized prior to July 1, 2026 through:
      • Building, zoning, or development permits;
      • Conditional or special-use permits;
      • Written development agreements between the county/city and the data center owner/operator.
    • Allows counties/cities to adopt more restrictive planning/land-use regulations than those in SB 531.

  • Local government authority and home rule (Amendment to K.S.A. 2025 Supp. 19-101a):

    • Reaffirms general county home-rule powers, with numerous listed statutory limitations.
    • Specifies that any county action under this act must align with the broader statutory framework; actions contrary to state law would be void.

  • Effective date (Sec. 5):

    • Takes effect upon publication in the statute book.

Affected entities

  • Counties and cities: Particularly those that experienced a drought emergency in the past three years. County boards of commissioners would implement denial or moratoriums for new large load data centers in affected counties.
  • Data center developers/operators: Would be barred from pursuing new large load data centers in drought-affected counties during the three-year window, with certain grandfathered or pre-approved projects exempt.
  • Local planning authorities: Retained authority to adopt more restrictive land-use rules, subject to the act’s framework.

Fiscal and practical considerations

  • Fiscal notes (from the Division of the Budget):
    • The bill would not impose direct operational costs on state agencies (e.g., KC C, Department of Revenue, Department of Commerce).
    • Local governments (counties) could lose potential economic-development opportunities and related revenue in affected counties.
    • Potential impacts on municipal utilities and land-use administration for cities may occur, with no precise dollar amounts identifiable in advance.
  • Economic impact: KS Associations (Counties and Municipalities) caution that the bill could reduce high-value industrial development and local revenue growth in counties that would have hosted data-center projects.

Timeline and status

  • Introduced: March 9, 2026
  • Committee action: Referred to the Senate Committee on Utilities (after moving from Commerce)
  • Effective date: Upon publication in the statutes
  • Sunset/phase-in: No sunset; exemption window ends three years after a drought emergency declaration.

If you’d like, I can provide a plain-language quick take or a side-by-side comparison with current law and a hypothetical impact scenario based on a sample county with drought status.

Compiled from official sources — confirm details with the bill’s official record.

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