SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 166
As Amended by Senate Committee on Utilities

Brief*
SB 166, as amended, would require the Kansas
Corporation Commission (KCC), upon and after the filing of
an application for a siting permit of an electric transmission
line, to disclose and allow public inspection of any application,
including any application filed prior to July 1, 2023.
The bill would also clarify the items required to be
included in the application and clarify the requirements for a
public hearing on the application.
The bill would also modify current law by prohibiting the
KCC from limiting the disclosure of required information on
applications. The bill would state that any protective order
issued by the KCC prior to July 1, 2023, that limits the
disclosure of required information on an application would be
null and void to the extent the protective order limits the
disclosure of the required information. This provisions of the
bill would not be construed to affect any other document,
data, contract, proprietary information, trade secret, or other
commercial information subject to a protective order issued
by the KCC.

Background
The bill was introduced by the Senate Committee on
Utilities at the request of a representative of Kansas Farm
Bureau.

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*Supplemental notes are prepared by the Legislative Research Department
and do not express legislative intent. The supplemental note and fiscal note
for this bill may be accessed on the Internet at http://www.kslegislature.org
Senate Committee on Utilities
In the Senate Committee hearing, proponent testimony
was provided by representatives of the Kansas Farm Bureau
and Kansas Livestock Association, and two Kansas
landowners. The proponents indicated the bill would improve
the transparency and accountability of the electric
transmission line permitting process, as it would require
landowners to be notified of landowner lists and proposed line
locations.
Written-only proponent testimony was provided by one
Kansas landowner.
Neutral testimony was provided by a representative of
Polsinelli Energy Practice Group. The representative stated
the bill would not add any benefits to the process, but if
passed with the intention to prohibit the utilization of any
confidential information in transmission line siting cases, it
could require further statute changes.
No other testimony was provided.
The Senate Committee amended the bill to:
● Prohibit the KCC from limiting the disclosure of the
names and addresses of the landowners of record
that are required to be included with an application;
and
● Add language that states any protective order
issued by the commission prior to July 1, 2023, that
limited the disclosure of the information required to
be specified or included with an application would
be null and void.


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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, both the KCC and
Citizens’ Utility Ratepayer Board indicate that enactment of
the bill would have no fiscal effect.
According to the League of Kansas Municipalities and
the Kansas Association of Counties, enactment of the bill
would not have a fiscal effect on cities or counties.
Kansas Corporation Commission; applications; siting permit; electric transmission
line; public inspection


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Statutes affected:
As introduced: 66-1
As Amended by Senate Committee: 66-1