SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2321
As Amended by House Committee on Energy,
Utilities and Telecommunications

Brief*
HB 2321 would require certain electric utilities to take
steps before exercising eminent domain to acquire an interest
in land related to the construction of an “urban electric
transmission line,” as defined by the bill, or before beginning
work on such land.
Electric utilities would be required to:
● Provide notice to the city in which the project is
proposed at least six months prior to construction
with preliminary plans including the locations and
dimensions of equipment to be installed relative to
existing infrastructure, with visual examples;
● Conduct an open house in such city that:
○ Allows affected landowners to provide public
comment;
○ Is attended by a commissioner and a staff
person of the Kansas Corporation
Commission (KCC);
○ Is held on a weekend day or after 5:00 pm on
a weekday;
● Provide notice of the proposed construction and
open house to:

____________________
*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
 ○ All landowners and tenants of property within
660 feet of proposed improvements;
○ The governing body of the city and its
infrastructure planning authority;
○ The KCC;
● Publish notice of the time, place, and subject of the
open house in a local newspaper; and
● Obtain any required permits.
For the purposes of the bill, “urban electric transmission
line” would mean any line or line extension that:
● Is at least 2.5 miles in length;
● Traverses at least 2.5 contiguous miles through a
city of at least 300,000 people; and
● Is designed to transfer at least 69, but less than
230, kilovolts of electricity.
[Note: As defined, “urban electric transmission line”
would currently only include prospective transmission lines in
Wichita and would not apply to lines regulated by the KCC.]
“Electric utility,” as defined by the bill, would not include
municipal utilities, electric cooperatives, or their subsidiaries.
Provisions of the bill would not apply to construction or
repair required due to physical damage.

Background
The bill was introduced by the Committee on Energy,
Utilities and Telecommunications at the request of
Representatives Ellis and Finney.


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Committee on Energy, Utilities and Telecommunications
In the House Committee hearing, proponent testimony
was provided by Representative Finney, the Vice Mayor of
Wichita, a representative of the Kansas State National
Association for the Advancement of Colored People
(NAACP), and a resident of Wichita. Written-only proponent
testimony was provided by a citizen of Lawrence and
representatives of the Citizens’ Utility Ratepayer Board and
the Lawrence Branch NAACP. Proponents noted the bill
would give citizens a voice in the transmission line
construction process.
Neutral testimony was provided by representatives of
Evergy and the KCC, who noted the bill would not
substantially change the processes currently in place for
addressing community concerns. Written-only neutral
testimony was provided by a representative of the Kansas
Electric Cooperatives.
No other testimony was provided.
The House Committee amended the bill to:
● Require holding and providing notice of an open
house;
● Clarify the definition of “electric utility”; and
● Remove a provision authorizing a city with a
population of 300,000 or more to exercise
jurisdiction over proposed urban electric
transmission line projects.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the KCC notes
enactment of the bill would not result in additional

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expenditures for the agency, although the bill would have a
negligible fiscal effect on the cities of Kansas, as noted by the
League of Kansas Municipalities.
Electric utilities; urban electric transmission lines


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