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
April 2, 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 2736 by Representatives Barth and Turk
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2736 is
respectfully submitted to your committee.
HB 2736 would require a public utility to provide notice of a planned closure or
decommissioning of any of its existing electric generation facilities to the Kansas Legislature. The
bill would also require the utility to secure and place on the electric grid an equal or greater amount
of reliable and readily dispatchable electric generation as the electric generation facility that is
being closed or decommissioned, prioritizing utilizing existing land, transmission lines and other
infrastructure that currently supports and provides for generation or transmission. The bill would
prohibit an electric public utility from proposing a project to retire or terminate the functionality
of a utility's existing electric generation facilities.
The bill would also prohibit an electric public utility from proposing a project to retire or
from terminating the functionality of a utility's existing electric generation facilities. If an electric
public utility receives notice of any federal regulation or regional transmission organization
directive that may result in the retirement of an electric generation facility, the affected utility
would be required to inform the Attorney General of the regulation or directive within 30 days
after the receipt of notice. The Attorney General could take any action necessary to defend the
interest of the state.
The Citizens’ Utility Ratepayer Board (CURB) states that the agency would likely be
involved in determinations of the retirement of existing electric transmission facilities under
current law (KSA 66-1239). However, the bill would not change CURB’s responsibilities under
that statute and the bill would not have a fiscal effect for the agency. With respect to the permissive
The Honorable Leo Delperdang, Chairperson
Page 2—HB 2736
involvement of the Attorney General concerning plant closures brought about by federal law, the
Attorney General already has authority to protect Kansas interests. As a result, the Division of the
Budget estimates that the enactment of the bill would not have a fiscal effect for the Attorney
General. The Kansas Corporation Commission states that enactment of the bill would not have an
effect the agency’s revenues or expenditures. Any fiscal effect associated with HB 2736 is not
reflected in The FY 2025 Governor’s Budget Report.
The Kansas Association of Counties and the League of Kansas Municipalities state that
enactment of HB 2736 could have a fiscal effect on cities and counties where these facilities are
located. However, a fiscal effect cannot be estimated.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Peter Barstad, Kansas Corporation Commission
Shonda Rabb, Citizens Utility Ratepayer Board
William Hendrix, Office of the Attorney General
Jay Hall, Kansas Association of Counties
Wendi Stark, League of Kansas Municipalities