What Kansas House Bill 2728 Means — and Why Local Kansas Communities Are Worried

Kansas House Bill 2728 seeks to change how large energy projects — like wind farms, solar arrays, battery storage sites, power plants, and transmission lines — are permitted and regulated across the state.

The bill was introduced on February 5, 2026 by the Committee on Energy, Utilities and Telecommunications in the Kansas House. The bill was requested by Kansas House Majority Whip Nick Hoheisel on behalf of Consumer Energy Alliance. If the bill progresses or pieces of it do, it could fundamentally change who controls land use in your community.

VIEW THE BILL HERE:  https://www.kslegislature.gov/li/b2025_26/measures/hb2728/

In Plain English: What HB 2728 Would Do

Under the bill’s provisions:

1. The Kansas Corporation Commission (KCC) would be required to establish uniform statewide siting and permitting standards for certain energy facilities. This means one set of rules would apply across all counties and cities in Kansas instead of allowing local governments to set their own permitting standards.
2. The bill would also create timelines for local government action on energy facility applications, establish requirements for energy facility decommissioning plans, and prohibit local rules that create an “undue burden” on energy projects
3. Local governments could still adopt land use rules — but only if they do not conflict with the state’s standards or otherwise delay or increase the cost of energy development. If a local rule is found to impose an undue burden or conflict with state law, the KCC could render that rule unenforceable, issue uniform conditions, or require amendments.

Why Supporters Say This Is Needed

Supporters of HB 2728 argue uniform statewide standards can:

• Provide regulatory certainty that attracts energy investment
• Streamline approvals for energy infrastructure
• Avoid a fragmented patchwork of local rules that could delay projects

Statewide consistency, they say, helps companies plan long-term and keeps Kansas competitive.

Major Concerns: Local Control and Community Voice

Many citizens and local elected officials are raising concerns — particularly about local control over land use, zoning, and community health, safety, and character. Here’s why:

1. Local Governments Could Lose Land Use Authority

Under current practice, counties and cities use zoning and land use regulations to decide where certain large industrial projects can go — including setbacks from homes, environmental protections, noise mitigation, and moratoriums when further study is needed.

Under HB 2728, local rules that conflict with state standards could be invalidated or amended by order of the KCC. This can mean a community’s zoning protections are overridden if they are viewed as impeding an energy facility project.