Session of 2000
By Committee on Utilities

  9             AN  ACT concerning retail sales of certain electricity; providing for con-
10             sumer choice; requiring open access to distribution services for that
11             purpose.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) As used in this section:
15             (1) "Distribution services" means services provided from the point
16       where electricity enters the distribution system to the point at which the
17       electricity is delivered to consumers.
18             (2) "Renewable resources" means wind, solar, hydropower, biomass
19       and landfill gas resources.
20             (3) "Retail provider" means any person or entity selling electricity to
21       consumers at retail.
22             (b) Except as otherwise provided by this act, on and after January 1,
23       2002, any consumer of electricity in this state shall have the right to
24       purchase from any retail provider electricity generated exclusively from
25       renewable resources. The consumer's choice to purchase such electricity
26       shall be exercised only by the consumer's positive verifiable declaration.
27             (c) On and after January 1, 2002, each electric public utility, munic-
28       ipal electric utility or electric cooperative engaged in the furnishing of
29       distribution services to consumers in this state shall be required to provide
30       open access to the utility's or cooperative's distribution services on a non-
31       discriminatory basis for the purpose of delivery of electricity to consumers
32       in the utility's or cooperative's certified service territory who choose pur-
33       suant to subsection (b) to purchase from a retail provider electricity gen-
34       erated exclusively from renewable resources. The utility or cooperative
35       shall provide such access to such consumers and to retail providers ex-
36       clusively for the purpose of providing electricity generated from renew-
37       able resources to such consumers. Such access shall be at rates and on
38       terms of access and conditions comparable to the utility's or cooperative's
39       own use of its system.
40             (d) The provisions of K.S.A. 66-1,170 through 66-1,171, and amend-
41       ments thereto, shall not apply to a retail sale of electricity by a retail
42       provider if: (1) Such sale is to a consumer who has chosen pursuant to
43       subsection (b) to purchase electricity from such retail provider; and (2)


  1       the electricity sold is generated exclusively from renewable resources.
  2             (e) The state corporation commission shall adopt such rules and reg-
  3       ulations as necessary to administer and enforce the provisions of this
  4       section.
  5        Sec.  2. This act shall take effect and be in force from and after its
  6       publication in the statute book.