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Minutes for SB457 - Committee on Utilities
Short Title
Prohibiting public utilities from exercising eminent domain for the siting or placement of solar facilities.
Minutes Content for Mon, Feb 19, 2024
The Chairperson opened the hearing on SB 457.
Nick Myers gave an overview of the bill and stood for questions. He also provided the Committee with additional information on eminent domain authority. (Attachment 2) (Attachment 3)
John Donley testified in support of the bill and stated that solar does not have the ability to use eminent domain for their facilities, and with this bill a pubic utility would have the same status as a wind-generated facility. He stood for questions. (Attachment 4)
Jackie Garagiola, testified in support of the bill and stated that the issue was private property rights. The Kansas Livestock Association has a policy that supports legislative, judicial, and administrative initiatives that prevent the use of eminent domain by governmental entities as a tool to take private property from one party and transfer it to another for profit or private gain. She stood for questions. (Attachment 5)
Rochelle Smart, testified in support of the bill and stated their family land had been seized through eminent domain for the building of transmission lines for Wolf Creek. She advocated for protecting Kansas property rights. She stood for questions. (Attachment 6)
Matthew Steele, provided written only support of the bill. (Attachment 7)
Kimberly Svaty provided neutral testimony on the bill and stated that she represents the clean energy developers and operators in this state, and that they do not have the right of eminent domain nor do they ever intend to use eminent domain. She stated that this bill would impact the existing public utilities in this state and their right of eminent domain to build solar facilities. This could affect the generational portfolio in the future. (Attachment 8)
There being no further conferees, the Chairperson closed the hearing on SB 457.
Meeting adjourned at 2:21.
