Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


January 25, 2023


The Honorable Robert Olson, Chairperson
Senate Committee on Utilities
300 SW 10th Avenue, Room 548-S
Topeka, Kansas 66612
Dear Senator Olson:
SUBJECT: Fiscal Note for SB 46 by Senate Committee on Utilities
In accordance with KSA 75-3715a, the following fiscal note concerning SB 46 is
respectfully submitted to your committee.
On and after January 1, 2024, SB 46 would require any developer, owner, or operator of
existing wind energy conversion systems that do not have light-mitigating technology systems, to
install these systems, subject to the approval of the Federal Aviation Administration (FAA). Upon
approval, the system would be required to be installed within 24 months. The developer, owner
or operator of the wind energy conversion system may request a waiver or an extension of time to
the 24-month period by submitting a request to the Kansas Department of Transportation.

Estimated State Fiscal Effect
FY 2023 FY 2023 FY 2024 FY 2024
SGF All Funds SGF All Funds
Revenue -- -- -- --
Expenditure -- -- -- $403,500
FTE Pos. -- -- -- 5.00
SB 46 would require the Kansas Department of Transportation to evaluate requests for
waivers or extensions and verify a developer’s, owner’s, or operator’s statements that supply chain
or market constraints would delay installation of light-mitigating technology systems. Currently,
all aviation regulatory functions in Kansas are performed by the FAA. It is assumed that KDOT
would be required to evaluate waivers or extensions for over 3,300 wind turbines.
The Honorable Robert Olson, Chairperson
Page 2—SB 46

It is estimated that the Kansas Department of Transportation would require additional
expenditures totaling $403,500 from the State Highway Fund in FY 2024 to carry out its
responsibilities associated with this bill. This estimate includes salaries and wages of $353,500
for 5.00 additional FTE positions plus $50,000 for other operating expenses. The implementation
of SB 46 would require additional expenditures from the State Highway Fund of $407,035 in FY
2025, $410,605 in FY 2026, and $414,211 in FY 2027. Total expenditures from FY 2024 to FY
2027 would be $1,635,351. Of this total amount, $1,435,351 would be for ongoing annual salaries
and wages expenditures for 5.00 FTE positions and $200,000 would be for ongoing operating
expenditures.
The Kansas Corporation Commission and the Citizens’ Utility Ratepayer Board indicate
that enactment of the bill would not have a fiscal effect. Any fiscal effect associated with SB 46
is not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget


cc: Peter Barstad, Kansas Corporation Commission
Shonda Rabb, Citizens Utility Ratepayer Board
Brendan Yorkey, Department of Transportation