KS SB233

County commissioners must require commercial wind and solar facility owners (1+ megawatt capacity) to enter into a decommissioning agreement before construction begins

Decommissioning plans must be prepared by an independent Kansas-licensed engineer, with cost estimates updated at least every five years

Facility owners must provide financial assurance through irrevocable standby letters of credit, performance bonds, surety bonds, or parent company payment guarantees (if investment grade rated)

If a facility owner fails to complete decommissioning and the county cannot access the financial assurance, landowners with leases or easements on the property become liable for decommissioning costs on their land

Decommissioning agreements transfer to subsequent owners upon sale, and counties may recover litigation costs including attorney fees when enforcing agreements