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 C. Proffitt, Director Laura Kelly, Governor

February 7, 2024


The Honorable Leo Delperdang, Chairperson
House Committee on Energy, Utilities and Telecommunications
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Delperdang:
SUBJECT: Fiscal Note for HB 2621 by House Committee on Energy, Utilities and
Telecommunications
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2621 is
respectfully submitted to your committee.
HB 2621 would amend current law pertaining to eminent domain authority for public
utilities. The bill would prohibit public utilities from exercising eminent domain for the siting or
placement of solar powered electric generation equipment, including panels.
The Kansas Corporation Commission and the Citizens’ Utility Ratepayer Board (CURB)
indicate that the enactment of the bill would not have a fiscal effect on its agency. CURB notes
that HB 2621 could potentially cause a shift in the valuation of property as well as increased
income tax owed by landowners because of the elimination of eminent domain for the acquisition
of land. These changes could affect state and local revenues; however, CURB cannot estimate a
fiscal effect.
The Kansas Association of Counties indicates that a fiscal effect cannot be estimated with
the enactment of the bill. The League of Kansas Municipalities indicates that the enactment of the
bill would not have a fiscal effect on cities.

Sincerely,

Adam C. Proffitt
Director of the Budget

cc: Jay Hall, Kansas Association of Counties
Wendi Stark, League of Kansas Municipalities
Peter Barstad, Kansas Corporation Commission
Shonda Rabb, Citizens Utility Ratepayer Board


Statutes affected:
As introduced: 66-104