Session of 1999
By Committee on Utilities

  9             AN  ACT concerning certain electric generation facilities; amending
10             K.S.A. 1998 Supp. 66-104 and 66-1,169b and repealing the existing
11             sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 66-104 is hereby amended to read as
15       follows: 66-104. The term "public utility," as used in this act, shall be
16       construed to mean every corporation, company, individual, association of
17       persons, their trustees, lessees or receivers, that now or hereafter may
18       own, control, operate or manage, except for private use, any equipment,
19       plant or generating machinery, or any part thereof, for the transmission
20       of telephone messages or for the transmission of telegraph messages in
21       or through any part of the state, or the conveyance of oil and gas through
22       pipelines in or through any part of the state, except pipelines less than 15
23       miles in length and not operated in connection with or for the general
24       commercial supply of gas or oil, and all companies for the production,
25       transmission, delivery or furnishing of heat, light, water or power. No
26       cooperative, cooperative society, nonprofit or mutual corporation or as-
27       sociation which is engaged solely in furnishing telephone service to sub-
28       scribers from one telephone line without owning or operating its own
29       separate central office facilities, shall be subject to the jurisdiction and
30       control of the commission as provided herein, except that it shall not
31       construct or extend its facilities across or beyond the territorial boundaries
32       of any telephone company or cooperative without first obtaining approval
33       of the commission. As used herein, the term "transmission of telephone
34       messages" shall include the transmission by wire or other means of any
35       voice, data, signals or facsimile communications, including all such com-
36       munications now in existence or as may be developed in the future.
37             The term "public utility" shall also include that portion of every mu-
38       nicipally owned or operated electric or gas utility located outside of and
39       more than three miles from the corporate limits of such municipality, but
40       nothing in this act shall apply to a municipally owned or operated utility,
41       or portion thereof, located within the corporate limits of such municipality
42       or located outside of such corporate limits but within three miles thereof
43       except as provided in K.S.A. 66-131a, and amendments thereto.

HB 2057


  1             Except as herein provided, the power and authority to control and
  2       regulate all public utilities and common carriers situated and operated
  3       wholly or principally within any city or principally operated for the benefit
  4       of such city or its people, shall be vested exclusively in such city, subject
  5       only to the right to apply for relief to the corporation commission as
  6       provided in K.S.A. 66-133, and amendments thereto, and to the provi-
  7       sions of K.S.A. 66-131a and K.S.A. 1998 Supp. 66-104e, and amendments
  8       thereto. A transit system principally engaged in rendering local transpor-
  9       tation service in and between contiguous cities in this and another state
10       by means of street railway, trolley bus and motor bus lines, or any com-
11       bination thereof, shall be deemed to be a public utility as that term is
12       used in this act and, as such, shall be subject to the jurisdiction of the
13       commission.
14             The term "public utility" shall not include any activity of an otherwise
15       jurisdictional corporation, company, individual, association of persons,
16       their trustees, lessees or receivers as to the marketing or sale of com-
17       pressed natural gas for end use as motor vehicle fuel.
18             The term "public utility" shall not include any company which gener-
19       ates electricity solely for sale on short-term power and energy markets
20       provided that: (a) Such company does not sell electric capacity or energy
21       on terms requiring a contractual purchase obligation of longer than one
22       year with any electric public utility in this state or any municipally owned
23       or operated electric utility in this state; and (b) such company does not
24       otherwise meet the definition of a public utility.
25             Sec.  2. K.S.A. 1998 Supp. 66-1,169b is hereby amended to read as
26       follows: 66-1,169b. (a) The provisions of the Kansas electric generation
27       facility siting act shall not apply to: (1) Unit number 3 of the Jeffrey
28       Energy Center; or (2) electric generation facilities that have a capacity of
29       100 megawatts or less and convert wind, solar, biomass, landfill gas or
30       any other renewable source of energy; or (3) a proposed generation plant
31       that will not be added to the ratebase of any electric public utility and
32       will not be financed by any capacity or energy contractual purchase ob-
33       ligation of longer than one year with any electric public utility in this state
34       or any municipally owned or operated electric utility in this state of Kan-
35       sas, if land procured to construct such generating facility is not obtained
36       by use of condemnation through the eminent domain power of a public
37       utility.
38             (b) With regard to a facility proposed to be located outside this state,
39       K.S.A. 66-1,160 and 66-1,161, and amendments thereto, shall not apply
40       and, for purposes of determining the most reasonable location of a pro-
41       posed facility or addition to a facility pursuant to K.S.A. 66-1,162, and
42       amendments thereto, the commission shall consider only the effects on
43       system reliability and economic efficiency. 

HB 2057


  1       Sec.  3. K.S.A. 1998 Supp. 66-104 and 66-1,169b are hereby repealed.
  2        Sec.  4. This act shall take effect and be in force from and after its
  3       publication in the statute book.