As Amended by Senate Committee
Session of 1998
SENATE BILL No. 491
By Committee on Utilities
AN ACT concerning municipal energy agencies; amending
11 and 12-897 and
repealing the existing sections.
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
12-886 is hereby amended to read as follows: 12-
15 886. As used in this act, unless the
context otherwise requires:
16 (a) ``Agency agreement''
means the written agreement between or
17 among two or more cities establishing a
municipal energy agency.
18 (b) ``City'' means a
city organized and existing under the laws of Kan-
19 sas and authorized by such laws to engage
in the local distribution and
20 sale of electrical energy
operating an electric generating system dur-
ing the calendar year
22 (c) ``Governing body,''
with respect to a city, means the governing
23 body of the city or, if another board,
commission or body is empowered
24 by law or by resolution of the governing
body of the city to establish and
25 regulate rates and charges for the
distribution of electrical energy within
26 the city, such board, commission or body
shall be deemed to be the
27 governing body.
28 (d) ``Municipal energy
agency'' means a quasi-municipal corporation
29 created by agreement between or among two
or more cities pursuant to
30 this act to exercise any of the powers
granted by K.S.A. 12-885 to 12-
31 8,111, inclusive, and amendments thereto,
and including the acquisition,
32 construction, reconstruction, operation,
repair, extension or improvement
33 of electric generation or transmission
facilities or the acquisition of any
34 interest therein or any right to part or
all of the capacity thereof.
35 (e) ``Person'' means a
natural person, a public agency, private cor-
36 poration, firm, partnership, cooperative
association or business trust of
37 any nature whatsoever, organized and
existing under the laws of any state
38 or of the United States.
39 (f) ``Project'' means
any plant, works, system, facilities and real and
40 personal property of any nature whatsoever,
together with all parts
41 thereof and appurtenances thereto, used or
useful in the generation, pro-
42 duction, transmission, purchase, sale,
exchange or interchange of electric
43 energy or any interest therein or capacity
thereof and including all studies
1 and planning with respect
2 (g) ``Public
agency'' means any city or other municipal corporation,
3 political subdivision, governmental
unit or public corporation created by
4 or pursuant to the laws of this
state, another state or the United States;
5 any state or the United States; or
any person, board or other body de-
6 clared by the laws of any state or
the United States to be a department,
7 agency or instrumentality
Sec. 2. K.S.A. 12-897 is hereby amended to read as
9 No municipal energy agency created
under this act shall be authorized
10 to enter into any agreement or contract for
the direct sale of electricity
11 to any person other than to a member city
of the agency
or a utility, a
12 marketer or broker of electricity or
an electric utility ;
13 electric generating system during the
calendar year 1976.
14 Sec. 3. K.S.A.
12-886 and 12-897 are hereby repealed.
15 Sec. 4. This act
shall take effect and be in force from and after its
16 publication in the statute book.