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Minutes for SB325 - Committee on Local Government

Short Title

Establishing requirements relating to zoning and recordation of wind and solar energy resource easements and leases.

Minutes Content for Thu, Jan 27, 2022

Revisor Jason Long provided a brief overview of the bill, costs to implement such a bill, and the total numbers of unzoned counties in Kansas.

 

Aaron Popelka, Kansas Livestock Association, testified as a neutral conferee and stated the KLA would like to see reasonable setbacks amended to the bill but otherwise had no opinion. (Attachment 1)

Steven Sample, Department of Defense Military Aviation and Installation Assurance Sitting Clearinghouse, testified as a neutral conferee and discussed potential hazards for aircraft with increase wind and solar energies: disruption to military testings, radar, and flight obstruction. Sample explained these cases were very rare, but they would like to alert Kansas to the potential for military obstruction in certain wind farms. (Attachment 2)

 

Kimberly Svaty, Kansas Power Alliance, was the first of opponents to testify to the bill. Svaty claims land-lease contracts were purely voluntary and also briefed the committee on the economic impact of renewable energy in Kansas. (Attachment 3)

Rorik Peterson, EDP Renewables North America, testified as an opponent to the bill. Peterson discussed the contracting process and claimed the leases require full transparency and voluntary participation. (Attachment 4)

Alan Anderson, Polsinelli Law, testified as an opponent to the bill. Anderson discussed the legal consequences if SB 325 were to pass. Anderson argued the bill takes away land-use control from local officials and instead forces counties to be zoned by the state. Furthermore, Anderson suggested the bill violates individual property rights and skirts due process. (Attachment 5)

Jay Hall, Kansas Association of Counties, testified as an opponent of the bill. Hall suggested the bill was anti-home rule and discussed zoning process of counties. (Attachment 6)

 

Written-Only Opponent Testimony was submitted by:

Angeliina Lawson, Land on the Range (Attachment 7)

Zack Pistora, Kansas Sierra Club (Attachment 8)

Kent Eckles, Kansas Chamber (Attachment 9)

Gina Mace, Enel North America (Attachment 10)

Mark Walter, Savion Energy (Attachment 11)

Mike Baughn, Kansas Legislative Policy Group (Attachment 12)

 

Chairman McGinn adjourned the meeting at 10:25AM. The next possible meeting is scheduled for February 1, 2022 at 9:30AM.