Renewable Energy
Biofuels
Applicable laws
- An unofficial copy of Kansas biofuels laws (PDF) compiled by the National Agricultural Law Center.
Renewable Energy
Helpful publications on renewable energy
- Decommissioning: The Importance of Decommissioning Security , by Sosi N. Biricik and Noreen A. Haroun, of Latham & Watkins LLP, in Law 360.
- Kansas Energy Update - May 2024 (pdf), by Wendee Grady, Director of the Kansas Farm Bureau Legal Foundation (May 2024).
- KFB and AFBF Renewable Energy Policy (pdf). This information was compiled from the 2024 KFB and AFBF policy books, for policy relating to renewable energy, and energy and transmission regulation that can impact renewable energy. It is not exhaustive of all policy, but contains the most relevant sections. The complete and current KFB and AFBF policy books can be found on the advocacy page.
- Legal Representation: Choosing the Right Attorney (pdf) , by Wendee Grady, Director of the Kansas Farm Bureau Legal Foundation (Jan. 2020).
- Site Restoration: Best Management Practices Guide for Restoration of Native Grasslands and Sensitive Sites Resulting from Energy or Industrial Development (pdf) , by Pete Bauman, South Dakota State University Natural Resource Management Department (Sept. 2020).
Applicable laws
- KSA 79-201 (Eleventh) Property exempt from taxation … electric generating property using renewable technology …
Other helpful websites for renewable energy information
- For more information about renewable energy in the United States, visit the National Renewable Energy Laboratory’s website, here.
- Kansas Corporation Commission: For information about Electric Energy, including electric energy from renewable sources (wind, solar, and hydro-power) in Kansas, visit the Kansas Corporation Commission website.
- The National Agricultural Law Center, Publications: Renewable Energy.
Solar Energy
Helpful publications and resources on Solar energy
- A Guide to Solar Leasing for the Agricultural Landowner (PDF) , by Wendee D. Grady, Director of The Kansas Farm Bureau Legal Foundation (April 2019).
- Conservation Considerations for Solar Farms, NRCS Fact Sheet (PDF), from the USDA Natural Resources Conservation Service (Mar 2024).
- County Solar Regulations (pdf), by Wendee Grady, Director of the Kansas Farm Bureau Legal Foundation (May 2024).
- Guide to Land Leases for Solar (PDF) , by the Solar Energy Industries Association (July 2016).
- Recommendations for State and Local Governments to Advance Smart Solar Policy (PDF), from the American Farmland Trust (Feb 2024 update).
- Solar “Farms” and the Associated Tax Credit , by Roger A. McEowen, on the Agricultural Law and Taxation Blog (May 2020).
- Solar Leasing (pre-recorded video webinar, requires member login), by Wendee Grady, Director of the Kansas Farm Bureau Legal Foundation (Nov. 2019). This 1-hour webinar discusses landowner contract considerations for solar leases. It was recorded in conjunction with the Legal Foundation’s Ag Law Briefs webinar series, and requires KFB member login to view.
- Understanding Solar Energy Agreements (PDF) , by Shannon L. Ferrell, Professor with Oklahoma State University, a publication developed through support provided by the National Agricultural Law Center.
Other helpful websites for solar energy information
- American Farmland Trust – Smart Solar
- For more information about solar energy in Kansas, visit the Solar Energy Industries Association (SEIA) website.
- Click here to view a recorded webinar on Solar Leasing for Agricultural Lands, by Dr. Shannon Ferrell of Oklahoma State University.
- The U.S. Department of Energy's Office of Energy Efficiency & Renewable Energy has developed a Local Government Guide for Solar Deployment.
Transmission Easements
Helpful publications and resources regarding transmission easements
- Electric Transmission Easements (pre-recorded video webinar, requires member login), by Wendee Grady, Director of the Kansas Farm Bureau Legal Foundation (Jan. 2020). This 1-hour webinar discusses landowner contract considerations for electric transmission easements, and briefly discusses the status of the Grain Belt Express. It was recorded in conjunction with the Legal Foundation’s Ag Law Briefs webinar series, and requires KFB member login to view.
- Negotiating Transmission Line Easements (pdf) , by Michael Irvin with the Kansas Farm Bureau Legal Foundation (2010).
- Transmission Update (including discussion of Grain Belt Express and NIETC proposals) (Video) – public meeting recording from Mitchell County, Kansas, July 30, 2024. Presentation by Wendee Grady, Director of the KFB Legal Foundation
Applicable laws
- KSA 17-618. Eminent domain, exercise by sundry corporations and partnerships. (This statute grants eminent domain authority to electric transmission and pipeline companies, among other parties.)
- KSA 26-501b Eminent domain; transfer to a private entity authorized, when. (This statute allows property taken by eminent domain to be transferred to a private entity if that entity is a public utility.)
- KSA 26-513 Compensation required for taking and damage; determination. (This statute sets the compensation required for private property taken by eminent domain.)
- KSA 66-104. Utilities subject to supervision; exceptions. (This statute defines “public utility.” Pursuant to this statute, electric transmission lines that are built as part of a wind or solar operation are not public utilities, and therefore not regulated by KCC, and do not have authority to use eminent domain as a public utility.)
- KSA 66-1,177. Electric transmission lines; definitions.
- KSA 66-1,178. Same; siting of electric transmission lines; permit required; application, contents, hearings. (This statute grants oversight to KCC on eminent domain authority and siting electric transmissions lines of 230kV or more that are at least 5 miles in length.)
- KSA 79-259 Property exempt from taxation; certain electric transmission lines and appurtenances.
Other helpful websites regarding transmission easements
- Grain Belt Express: The Grain Belt Express Line is an approximately 800-mile, 600 kilovolt high voltage direct current (HVDC) transmission line project. When built, it will deliver up to 4,000 megawatts (MW) of power from western Kansas and the surrounding area to customers in Missouri and states farther east. For more information about the Grain Belt Express, visit their website.
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Grain Belt Express before the KCC: To learn more about the status of the Grain Belt Express matters before the Kansas Corporation Commission, you may view KCC dockets with the following links:
- Docket 11-GBEE-624-COC (closed) for information regarding Grain Belt Express’s application for a limited certificate of public convenience to transact the business of a public utility in the State of Kansas, which was granted by the KCC on December 7, 2011.
- Docket 13-GBEE-803-MIS (closed) for information regarding Grain Belt Express’s application for transmission siting, which was granted by the KCC on November 7, 2013.
- Docket 14-GBEE-527-CPL (open) for information regarding Grain Belt Express’s compliance filings.
- Docket 19-GBEE-253-ACQ (closed) for information regarding Invenergy’s acquisition of the Grain Belt Express Line project from Clean Line, which was approved by the KCC on June 18, 2019.
- Docket 24-GBEE-790-STG (open) for information regarding Grain Belt Express’s application for siting permit for two 345-kV transmission lines (collector lines) through Gray, Meade, and Ford Counties.
Wind Energy
Helpful publications and resources on wind energy
- Legal Issues for Landowners to Consider in Negotiating Wind Energy Easements (PDF) , from Washburn Agricultural Law & Tax Report, by Roger A. McEowen, from Washburn University School of Law.
- Wind Leasing (pre-recorded video webinar, requires member login), by Wendee Grady, Director of the Kansas Farm Bureau Legal Foundation (Jan. 2020). This 1-hour webinar discusses landowner contract considerations for wind leases. It was recorded in conjunction with the Legal Foundation’s Ag Law Briefs webinar series, and requires KFB member login to view.
- Wind Energy Leasing Handbook, E-1033 (PDF), by Oklahoma Cooperative Extension Service Division of Agricultural Sciences and Natural Resources Oklahoma State University.
- Wind Energy Siting Handbook: Guideline Options for Kansas Cities and Counties (pdf) , a voluntary guide created by the Kansas Energy Council (April 2005).
- Wind Resources of Kansas map (PDF), by the Kansas Corporation Commission (Feb 2019).
Other helpful websites for wind energy information
- Kansas Wind Energy: For more information about wind energy in Kansas, view the Kansas State Fact Sheet from the American Wind Energy Association here.
- Wind Energy, from Ag Econ Extension at OSU.